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??/??/?? - Instructions to counsel to
advise in conference
IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION
BETWEEN:
MICHELLE TAYLOR (1)
LISA BUCK (nee TAYLOR) (2)
Plaintiffs
-and -
PATRICK BERNARD O'MAHONEY
(aka BERNARD PATRICK O'MAHONEY, PATRICK LAWSON and BERNARD
KING)
Defendant
INSTRUCTIONS TO COUNSEL TO ADVISE IN CONFERENCE
Counsel is sent herewith the following copy documents:
1. Pleadings.
2. (a) Summons/Notice of Motions,
(b) Orders.
3. Defendant's Legal Aid Certificate.
4. Opinion of Michael Burton Q.C.
5. Advice of Gavin Millar.
6. Affidavit of Michelle Taylor (and exhibits)
7. Affidavit of Ann Taylor.
8. Affidavit of Service of Mari Hunter.
9. Affidavit of Service of Clive Watkinson.
10. Affidavit of Mark Stephens (and exhibits)
11. Affidavit of Michael Holmes.
12. Affidavit of Lisa Buck.
13. Affidavit of Patrick O'Mahoney (and exhibits).
14. Affidavit of Caroline Kean (and exhibits)
15. Affidavit of Gary Jones.
16. Affidavit of Ray Buck.
17. Affidavit of Debra King.
18. Second affidavit of Michelle Taylor (and exhibits).
19. Second affidavit of Patrick O'Mahoney (and exhibits).
20. Third affidavit of Patrick O'Mahoney (and exhibits).
21. Second Affidavit of Gary Jones.
22. Third Affidavit of Michelle Taylor.
23. Affidavit of Christopher Elliot (and exhibits).
24. Case Report of Criminal Appeal of Taylor Sisters.
25. Record of Patrick O'Mahoney's previous convictions.
26. Draft outline of book regarding Patrick O'Mahoney's life.
27. Part of draft of "Taylor Book".
28. Statement by Patrick O'Mahoney regarding perverting the
course of justice.
29. Police statement of Jeanette Jacqueline Tapp.
30. Police statement of Graham Michael Baldwin.
31. Attendance note of conference with Michael Burton QC and
Counsel Gavin Millar.
32. Attendance note of a meeting with Chris Burke, the officer
who led the investigation into the murder of Alison Shaughnessy
33. Report of Commander William Hatful regarding the possibility
of a new investigation into the murder of Alison Shaughnessy.
34. Writs of Subpoena.
35. Questions prepared by Patrick O'Mahoney in preparation
for cross-examination of Michelle Taylor.
The trial of this matter is currently fixed for 4 days commencing
13th October 1997. Instructing Solicitors are instructed by
the Defendant, Mr Patrick Bernard O'Mahoney, ("Mr O'Mahoney")
in connection with this matter. Instructing Solicitors are
currently at the stage of discovery and have agreed with the
Plaintiffs' solicitors that witness statements will be exchanged
by mid September.
The Defendant and both Plaintiffs are legally aided. Counsel
is referred to the Defendant's legal aid certificate at tab
3 of the bundle. Instructing Solicitors are currently seeking
authority to increase the costs limit imposed on this certificate.
The Plaintiffs in this matter are two sisters Michelle and
Lisa Taylor who were convicted in July 1992 of the murder
of Alison Shaughnessy.
In June 1993, the Taylors convictions were overturned on appeal.
During the Taylors' trial and subsequent imprisonment, Mr
O'Mahoney began to correspond with them, visited them and
became largely responsible for leading the campaign to overturn
their convictions. Mr O'Mahoney, with the Taylor sisters'
backing, also began to write a book about the Taylor sisters'
experiences.
Counsel is referred to part of the draft of this book which
he will find at tab 27 of the bundle. In June 1993, the Plaintiffs'
appeal was successful and on Michelle Taylor's release from
prison, she embarked on a sexual relationship with Mr O'Mahoney.
Mr O'Mahoney moved into the Taylor sisters' flat and continued
to live there until October 1993 when the relationship broke
down after, Mr O'Mahoney alleges, Michelle Taylor confessed
to the murder of Alison Shaughnessy.
Mr O'Mahoney returned to live with his common law wife, Debra
King ("Ms King"). From this time until the end of
December 1996, Ms King received a number of telephone calls,
first from Michelle Taylor and then from an anonymous caller.
Counsel is referred to the affidavit of Ms King at tab 17
of the bundle for a detailed account of this period. Mr O'Mahoney
and Ms King know Gary Jones, then a reporter from the News
of the World, well.
Gary Jones knew of the anonymous calls to Ms King and was
prompted by what was then a recent television documentary
on the subject of anonymous telephone calls to interview Ms
King with a view to publishing an article concerning her story.
The article was published in the News of the World on 28th
May 1995.
Counsel is referred to this article which is exhibited to
Michelle Taylor's first affidavit marked "MT5" at
tab 6 of the bundle. Counsel will see from the article that
an extract was published from one of the letters that Michelle
Taylor wrote to Mr O'Mahoney during her imprisonment. This
article prompted the Taylor sisters to issue these proceedings
by serving an ex parte injunction on Mr O'Mahoney.
The application claimed that the story was the first of many
on the subject. This was not the case and Counsel is referred
to paragraph 16 of Mr O'Mahoney's first affidavit at tab 13
of the bundle which shows that no further articles had ever
been intended. Counsel is also referred to the Writ and Notice
of Motion dated 6th June 1995 which he will find at tab 1
and tab 2(a) of the bundle respectively.
Original issues in the case
Counsel will note that the original issues in this case were
breach of confidence and/or contractual undertaking and/or
infringement of copyright. As a result of the Motion's hearing,
the Taylor sisters and Mr O'Mahoney gave cross-undertakings
which prevent either of them from disclosing information about
the other to the press.
Mr O'Mahoney is also restrained from divulging and/or using
for personal gain any of the Plaintiffs' confidential information
concerning their private or their family lives and from infringing
the Taylor sisters' copyright in inter-alia any letters or
notes produced by them. Counsel is referred to the Minute
of Order at tab 2(b) of the bundle.
Confession
As a result of the Motion's hearing, it came to light that
Mr O'Mahoney asserted that his relationship with Michelle
Taylor broke down after she confessed to the murder of Alison
Shaughnessy. Counsel is referred to paragraph 12 of Mr O'Mahoney's
first affidavit and paragraphs 12-14 of Mr O'Mahoney's second
affidavit at tab 13 and 19 of the bundle respectively, which
give a detailed account of the confession.
As Counsel will note, Mr O'Mahoney claims that he saw a solicitors'
letter, (thought to be probably from Patricia Lister who represented
Michelle Taylor), which advised Lisa Taylor to turn prosecution
witness against her sister. By way of explanation, during
the questioning of the Taylor sisters' prior to their arrest
and throughout their trial, they were represented by a firm
called Messrs Andrew Keenan & Co.
It appears that, initially at least, each sister was represented
by a different "lawyer" within that firm. Michelle
Taylor was represented by Patricia Lister who is not admitted
as a solicitor, so she may be a legal executive or a clerk.
Lisa Taylor was represented by Mr Holmes who is a solicitor
of the firm.
Perverting the course of justice
In 1994 sometime after Michelle Taylor's confession but before
these proceedings, Mr O'Mahoney was approached by the police
to give them a statement following allegations which the Taylor
family had made against investigating officers after the appeal.
In this statement he gave the police information regarding
steps taken to undermine the trial evidence during the appeal
campaign. He alleges that he, the Taylor sisters and their
family attempted to pervert the course of justice. Counsel
is referred to this statement at tab 28 of the bundle.
Counsel will note that Mr O'Mahoney did not refer to the confession
in his statement. At this time Mr O'Mahoney thought that no
further proceedings could be taken against Michelle Taylor
and coupled with his general reluctance to "grass"
to the police, he thought any reference to the confession
would be pointless.
It is only as a result of these proceedings that Mr O'Mahoney
became aware of Michelle Taylor's potential liability to be
prosecuted for perjury. (Lisa Taylor (now Buck) gave no evidence
at the criminal trial so cannot be prosecuted for perjury).
The Taylor sisters' alibi
At the criminal trial the Taylor sisters' alibi was that from
3pm on the day of the murder they had been shopping in Bromley,
returning to the Churchill Clinic (where Michelle Taylor worked)
at 5pm when they saw a colleague, Jeanette Tapp. Prior to
the trial Jeanette Tapp had supported this alibi, but she
retracted her initial statement in August 1991.
Counsel is referred to her latest statement which is to be
found at tab 29 of the bundle and to the report of Commander
William Hatful regarding the investigation of Alison Shaughnessey's
murder at tab 33 of the bundle. Counsel will note from Mr
O'Mahoney's police statement, how he and the Taylor family
attempted to "encourage" Jeanette Tapp to make a
further statement saying how she had bowed to police pressure
and had lied in giving her evidence at trial.
Mr O'Mahoney and the Taylor family believed such a statement
would considerably undermine her evidence at the appeal hearing.
At the criminal trial the prosecution contended that the Taylor
sisters had in fact returned to the clinic at approximately
6pm, the time when they were sighted by a further witness,
Valerie MacDonald.
It was the prosecution's contention that between the time
that Alison must have arrived home and the time that the Taylors
were spotted at the clinic, they had approximately 23 minutes
in which to commit the murder and return to the clinic.
Counsel will note from Mr O'Mahoney's police statement that
he and Derek Taylor (the Taylors' father) video-recorded the
journey on a number of occasions in an attempt to show that
the journey in fact took longer than the 11 minutes allowed
for by the police. Mr O'Mahoney and Mr Taylor destroyed any
evidence which proved that the journey time was actually shorter
than 11 minutes.
Since the trial Mr O'Mahoney had discovered that a homeless
man called David Wiley had at the time of Alison's murder
apparently told Graham Baldwin, who was a social worker and
a friend of his, that he had "done a girl" in Battersea.
Mr O'Mahoney sought to cast suspicion on Mr Wiley by instigating
media interest in the latter as the alternative suspect for
the murder.
Court of Appeal Hearing
The Taylor sisters' convictions were overturned by the Court
of Appeal for two reasons. First, the excessive media interest
in the trial and second, the discovery by the Defence of a
note taken by an officer concerning the evidence of Dr Unsworth
White which was not disclosed to the Defence at the trial.
At the start of the murder enquiry Dr Unsworth White had reported
to an officer on a house to house enquiry that he saw two
females leaving the relevant building in Vardens Road at the
material time. A pro forma note attached to Dr Unsworth White's
statement shows that he originally referred to the possibility
that these women were black, but that he immediately changed
this to "there were two women who were white".
The chief investigating officer's (Chris Burke) view was that
Dr Unsworth White had merely been thinking aloud whereas the
Court of Appeal considered that this was a material change
of evidence undermining Dr Unsworth White's credibility. Counsel
is referred to the case report of the Appeal and an attendance
note of a meeting with Chris Burke at tab 24 and 32 respectively
of the bundle.
Chris Burke in fact considered Dr Unsworth White's evidence
at the trial to be superfluous so he advised the Manager of
Barclays Bank (where Alison Shaughnessy worked), who had put
up a reward to anyone providing information concerning the
murder, against giving the reward to Dr Unsworth White.
Current issues in the case
As Counsel will note from paragraph 6 of the Opinion of Michael
Burton Q.C. the central issue in this case is now whether
Mr O'Mahoney's account of the confession made by Michelle
Taylor to the murder of Alison Shaughnessy will be believed
at trial. This will to a large extent depend on Mr O'Mahoney's
credibility at trial.
Counsel is referred to paragraphs 3 to 6 of the Opinion of
Michael Burton Q.C. and the advice of Gavin Millar to be found
at tab 4 and 5 of the bundle respectively, as to their assessment
of Mr O'Mahoney's credibility. Miss Kean of Instructing Solicitors
has also spend a considerable amount of time with Mr O'Mahoney
and believes he will prove to be a thorough and credible witness.
Solicitors for The Taylor sisters are, of course, bound to
raise the history of Mr O'Mahoney in order to discredit him.
Counsel should be aware that Mr O'Mahoney has had a somewhat
violent past. Counsel is referred to the record of Mr O'Mahoney's
previous convictions and a draft outline of a book Mr O'Mahoney
was writing about his life at tab 25 and 26 of the bundle
respectively.
Mr O'Mahoney has since settled down and has for the most part
kept his violent past behind him. Counsel is referred to paragraphs
2 of Mr O'Mahoney's first and second affidavits at tab 13
and tab 19 of the bundle respectively. In fact Mr O'Mahoney
is trying to "turn over a new leaf. He has recently given
evidence as a prosecution witness in the Leah Betts trial.
This evidence was given at considerable risk to himself, as
a result of which he and his family have been subject to police
protection. Counsel should also be made aware that Mr O'Mahoney
has written to a number of people in the public eye, in particular
Peter Sutcliffe and Richard Blenkey (a convicted child murderer).
Counsel is referred to paragraphs 4-7 of Mr O'Mahoney's first
affidavit and paragraph 4 of Mr O'Mahoney's second affidavit
to be found at tab 13 and tab 19 of the bundle respectively.
Evidence
At the forthcoming trial, Mr O'Mahoney must prove to the court
that on the balance of probabilities Michelle Taylor, did,
in fact, confess to the murder of Alison Shaughnessy to him.
This is necessary to exclude the confession from the ambit
of the injunction, which is Mr O'Mahoney's objective.
To that end, Instructing Solicitors will need to adduce evidence
of her guilt and therefore some of the evidence that was adduced
at the criminal trial. Instructing Solicitors however, do
not want to "recreate" the criminal trial and should
like Counsel to advise what evidence from the criminal trial
should be adduced and in what form.
In considering this, Counsel is asked to keep in mind that
Mr O'Mahoney is being funded by the legal aid board. It therefore,
appears to Instructing Solicitors that a reduction ought to
be made as regards the volume of evidence that was adduced
at the criminal trial for the purpose of the forthcoming trial
in October.
Witnesses
Instructing solicitors have interviewed Chris Burke, the head
of the murder investigation into Alison Shaughnessey's death.
Counsel is referred to an attendance note of the meeting to
be found at tab 32 of the bundle.
Instructing solicitors inspected material which Chris Burke
had in relation to the investigation, including transcripts
of the statements made by the two sisters to the police. Lisa
Taylor, who Chris Burke described as extremely "hard",
said "no comment" throughout her interviews. ichelle
Taylor initially responded to the police questions, thereafter
a break at which the sisters saw each other, refused to answer
questions will anything other than "no comment".
Chris Burke and other police officers involved in the investigation
are extremely keen to co-operate with Mr O'Mahoney in this
matter and have intimated that they will give Instructing
Solicitors all the assistance they can.
As Counsel will note from Commander William Hatful's report
at tab 33 of the bundle, the police have never had any alternative
suspect(s) to the murder of Alison Shaughnessy and are convinced
that the Taylor sisters are responsible for her death.
The most damning evidence against the Taylor sisters is their
'false alibi', the fact that they were at pains to fabricate
this alibi at a time when Alison Shaughnessy's body was not
even found, and Lisa Taylor's fresh finger prints found at
the scene of the murder. Counsel is referred to the Writs
of Subpoena at tab 34 of the bundle which have not yet been
served.
Counsel will note that Instructing Solicitors have already
subpoenaed the following police officers involved in the murder
investigation (their subpoena is merely a formality to require
their attendance at trial):-
1. Chris Burke.
2. Detective Sergeant Gerard Gallagher (Chris Burke's assistant
who originally interviewed Michelle Taylor prior to her arrest).
3. Detective Sergeant Bernard Gleeson, who originally interviewed
Lisa Taylor prior to her arrest and who, according to Chris
Burke, probably knows most about the case. He was the link
with the Crown Prosecution Service.
4. Chief Superintendent William Hatful, who is the author
of the report at tab 33 which considered whether or not it
was worth continuing the investigation after the Court of
Appeal decision. He also interviewed Dr Unsworth White.
5. Detective Constable William Griffiths, who conducted an
18 month police enquiry on behalf of the Police Complaints
Authority. Instructing Solicitors are currently in the process
of attempting to obtain a copy of his report.
6. Detective Chief Inspector Trevor Heard (Chris Burke's deputy
who interviewed Jeanette Tapp).
7. Detective Constable Coren Smith (the Exhibits Officer).
8. Assistant Commissioner Paul Manning.
9. Detective Constable Adrian Summer.
10. Detective Constable Angela Thomas, who interviewed Dr
Unsworth White.
11. Detective Sergeant Peter Loughton, who interviewed Ray
Buck during the investigation of the nuisance telephone calls.
Mr O'Mahoney believes that Peter Loughton's evidence as to
what Ray Buck said in relation to the telephone calls will
directly contradict the evidence which Ray Buck has given
in his affidavit.
Instructing Solicitors have also subpoenaed David Smith, a
journalist whom Michelle Taylor credits with revealing Mr
O'Mahoney's past. Counsel is referred to paragraph 10 of Michelle
Taylor's first affidavit at tab 6 of the bundle.
Michelle Taylor claims that this information led her to end
her relationship with Mr O'Mahoney Mr O'Mahoney says that
she was very well aware of his background throughout, and
instead, it gave him certain credibility in her eyes.
Counsel is referred to letters from Michelle Taylor to Mr
O'Mahoney exhibited to Mr O'Mahoney's first affidavit at "POM2"
and "POM3" to be found at tab 13 of the bundle,
which illustrate her awareness of his past.
There are a number of further potential witnesses in this
case whom Mr O'Mahoney has identified and Instructing Solicitors
require Counsel to advise which of these witnesses should
be subpoenaed at trial:
1. A senior police officer in the Leah Betts trial who has
offered to be a character witness. (Mr O'Mahoney was a witness
for the prosecution at this trial. He was the doorman at the
nightclub where the ecstasy tablet from which Leah Betts died
had been obtained).
2. Nick Davies, the journalist who Mr O'Mahoney "warned
off from attempting to contact David Wiley.
3. John Griffin, the journalist who collaborated with Mr O'Mahoney
in the writing of the book about the Taylor sisters.
4. Kate Jones of Hamish Hamiliton for her account of the return
of the draft book to Mr O'Mahoney. After the relationship
with Michelle Taylor broke down, Mr O'Mahoney requested the
return of his book from Kate Jones at Hamish Hamilton.
Counsel is referred to paragraph 19 of Michelle Taylor's second
affidavit at tab 18 of the bundle. Michelle Taylor claims
Mr O'Mahoney threatened Kate Jones when he attempted to retrieve
the book. Mr O'Mahoney denies any threats were made. Counsel
is referred to paragraph 18 of Bernard O'Mahoney's second
affidavit at tab 19 of the bundle.
5. Olenka Frankel who made the television documentary on the
Taylor sisters prior to the appeal.
6. Jeanette Tapp.
7. Graham Baldwin to whom David Wiley "confessed"
that he had "done a girl" in Battersea.
8. Carol Healy a nurse, who witnessed Michelle Taylor and
a person fitting Lisa Taylor's description leaving the clinic
at just after 4pm.
9. Valerie MacDonald who witnessed the Taylor sisters returning
to the clinic at approximately 6pm on the night of the murder.
10. Graham Guillou, a social worker and colleague of Graham
Baldwin who is referred to in Mr O'Mahoney's police statement
regarding perverting the course of justice..
11. Kim Webber, a prisoner who has been helped by Mr O'Mahoney.
12 Gary Jones,a reporter from The News of the World to show
that Mr O'Mahoney's record suggests that his motivation is
not money.
Disclosure of confession/ public interest
Since proceedings were issued Mr O'Mahoney has made it clear
that disclosure to the police alone of the confession is insufficient.
He wishes to disclose the confession to the public. (When
such an intention became clear to the Taylor sisters' solicitors,
they amended their Statement of Claim to include a claim for
malicious falsehood in relation to the confession).
As mentioned above, Mr O'Mahoney had not disclosed the confession
to the police as he originally thought that no further action
could be taken against the Taylor sisters and Michelle Taylor
in particular. He had disassociated himself from the Taylors'
and had no intention and did not use any of the confidential
information he had concerning them for his personal gain.
He was resigned to let matters rest on that basis.
However, since the Taylors have re-entered his life by pursuing
this case, he has become aware of Michelle Taylor's potential
to be held liable for perjury. Mr O'Mahoney feels that the
truth concerning Alison Shaughnessy's murder and the Taylor
sisters part in that murder should finally be disclosed.
Mr O'Mahoney is particularly determined due to the Taylors
actions over the last two years. They have not only pursued
him through the courts but also through the media. Counsel
is referred to the article published in the Daily Star claiming
that Mr O'Mahoney "stalked" them which is exhibited
to Caroline Kean's affidavit as "CMK1" at tab 14
of the bundle.
This, Mr O'Mahoney believes, is another example of the Taylors
being quite prepared to use the press to their own advantage
when it suits them.
Public Interest
Apart from the obvious public interest of identifying on the
balance of probabilities that Michelle Taylor confessed to
the murder, so it is inherently probable that she committed
the murder, Counsel will also be aware of the wider issues
concerning public interest.
In the light of recent high profile convictions being overturned
and the criticisms of the justice system, here is a case which
could open up discussions regarding abuse of the appellate
system and in particular any checks and balances which may
be required to prevent a unanimous verdict of a jury from
being overturned.
It is highly likely that this trial will be in camera (since
otherwise success for the Taylor sisters would be of no value).
Instructing solicitors would like counsel to make an application
at trial for this to be lifted retrospectively if Mr O'Mahoney
is successful and wins his case Instructing Solicitors request
Counsel to advise in conference (or possibly by telephone)
urgently on the matter of evidence to be adduced and in particular
which witnesses should be subpoenaed at trial.
For the purposes of the legal aid board Instructing Solicitors
also require Counsel to advise whether Leading Counsel is
required. Currently Instructing Solicitors are not aware that
the Plaintiffs intend to instruct a leader, although at the
original Motions hearing Mr John Baldwin Q.C. was instructed
on their behalf.
Should Counsel require any further information or have any
queries, he should contact Caroline Kean or Michael Cash of
Instructing Solicitors. |
| Contact : bernard.omahoney@bernardomahoney.com |
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