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- Killing verdict 'unsafe after police failure'
By Duncan Campbell Crime Correspondent
AN "inexcusable" failure of police to disclose vital
evidence meant that the conviction last year of two young sisters
for the murder of bank clerk Alison Shaughnessy, was unsafe and
unsatisfactory, the Court of Appeal was told yesterday.
The senior officer involved "very much regretted" the
failure. The Court of Appeal was also told that media coverage
of the case had severely prejudiced the chances of a fair trial
because of its inaccurate, sensational and misleading nature.
Michelle Taylor, aged 22 and Lisa Taylor, aged 19, of Forest Hill,
south London, are appealing against their conviction for the murder
at Vardens Road, Battersea, south London, of Mrs Shaughnessy,
aged 21, on June 3, 1991.
She had been stabbed 54 times. Michelle Taylor and Mrs Shaugnessy's
husband, John, worked together at a private "health clinic
in south London and had previously had an affair.
The Crown suggested in the trial that Michelle had acted out of
jealousy. Prosecution evidence was given by Dr Michael Unsworth-White,
who also lived in Vardens Road, and told the court that he had
seen two young fair-haired women, one with a pony tail, running
from the flat at the time of the murder.
The description fitted the sisters and part of the Crown case
was that the two had sped back across London to the clinic in
order to establish an alibi.
But yesterday a packed appeal court heard that the defence had
since discovered that Dr Unsworth-White had earlier told Detective
Constable Angela Thomas that one of the women "might have
been black" and that they had been walking.
It had also emerged that the doctor had written to Barclays Bank,
Mrs Shaughnessy's employers, to apply for the reward being offered.
Richard Ferguson, QC, for Michelle Taylor, said that had the defence
been aware of these facts, it would have cross-examined the doctor,
who had been an impressive witness, in a completely different
manner.
Lord Justice McGowan, sitting with Mr Justices Douglas Brown and
Tuckey, asked whether, if all the additional evidence had been
put to the doctor, "would there have been much left of him?"
Mr Ferguson said the failure to disclose the doctor's original
dealings with the police constituted a fundamental irregularity.
John Nutting, for the Crown, said he freely accepted that such
an irregularity had occurred. The officer in charge of the case,
Superintendent Christopher Burke, had asked him to express his
regret but he was adamant that there had been no deliberate concealment.
The media coverage of the trial was also criticised by Mr Ferguson
and Lady Mallalieu, QC, for Lisa Taylor. It had "almost inevitably
contaminated the minds of the jury", said Mr Ferguson. The
Sun had published a still from a video of the Shaughnessys' wedding,
which showed Michelle kissing Mr Shaughnessy under the headline
'Cheats Kiss'.
Other headlines included the Daily Express's 'Killer wept as she
stroked her victim's hair'; the Daily Star's 'Judas Kiss'; and
the Daily Mirror's 'Till Death Do Us Part'. What emerged, said
Mr Ferguson, was a "composite picture of a ruthless and determined
mistress who killed and showed no compunction or remorse".
A juror might find it hard to distinguish between what he or she
had read in the press and had heard in court.
Lady Mallalieu said that the Independent had carried an inaccurate
report of the finding of Lisa Taylor's fingerprint at the murder
flat and the Guardian had printed a photograph of her Client when
it should not have done so.
"Trial by television and press should not be tolerated in
1992," said Lady Mallalieu.
The appeal is due to finish today. |
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