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A serious evaluation right into a so-called ‘burking’ homicide involving one among Britain’s longest-serving prisoners has been criticised by two former prime judges.
The pair have criticised the Felony Instances Evaluation Fee’s failure to nominate an impartial pathologist to analyze the demise of vagrant Alexander Hardie in 1988, within the gentle of proof that factors to pure causes.
Clive Freeman, an ex-polo-playing landowner, now 80, was convicted in 1989 of murdering Mr Hardie with a suffocation approach – dubbed burking – made well-known by nineteenth Century ‘body-snatchers’ William Burke and William Hare, who offered the corpses to docs for dissection.
In line with the prosecution pathologist Dr Richard Shepherd, Freeman used burking to kill Mr Hardie, 49, in South London, as a part of a £300,000 insurance coverage swindle. However as revealed by the Mail, eight pathologists and forensic consultants have debunked the idea.
Freeman has at all times denied homicide, however 35 years after his conviction remains to be in jail.
Clive Freeman, an ex-polo-playing landowner, now 80, was convicted in 1989 of murdering Mr Hardie with a suffocation approach – dubbed burking
Prime judges have criticised the Felony Instances Evaluation Fee’s failure to nominate an impartial pathologist within the gentle of proof that factors to pure causes
An artists impression of the sufferer, Alexander Hardie
Final week a significant investigation by this newspaper disclosed a key prosecution witness has retracted his assertion and prosecutors are going through claims that necessary paperwork weren’t disclosed to defence attorneys forward of Freeman’s Previous Bailey trial. Now retired Previous Bailey decide Wendy Joseph KC has expressed issues concerning the CCRC’s dealing with of Freeman’s case, which it’s reviewing for a fifth time.
In a press release despatched to the CCRC she stated: ‘The jury had been advised there have been two theories – both demise by suffocation brought on by a deliberate act designed to trigger demise (a la Burke and Hare) or demise by pure causes.
‘What they had been by no means advised was {that a} respectable and accountable physique of skilled opinion believes the previous to be not possible.’ The ex decide, who retired in 2022, added: ‘Had the jury recognized that there was a physique of scientific opinion that such a way of causation was not attainable, this should have had some vital impact on their strategy.
‘The prosecution’s job was to make the jury certain that no matter else Clive Freeman did or did not do, and no matter else he supposed or did not intend to do, he truly carried out the act of killing.
‘In my opinion it could be applicable for the CCRC to evaluation the present state of scientific understanding, and if applicable to rethink Dr Shepherd’s evaluation and conclusions. It might be the CCRC could be assisted by an impartial skilled.’
An eminent retired Excessive Court docket decide, who didn’t want to be named, stated he additionally ‘very a lot’ shared the previous Previous Bailey decide’s views.
He advised the Mail: ‘This case ought to be referred by the CCRC to the Court docket of Enchantment.
‘The one argument open to the Crown is that the pathological proof as to explanation for demise was and stays inconclusive, and there was ample circumstantial proof to show guilt.
Clive Freeman, born into wealth, was a well known racehorse coach
Clive Freeman as a red-headed younger man… and now with a silver beard in jail
Richard Shepherd has carried out 23,000 autopsy examinations throughout his distinguished profession, together with engaged on the Hungerford bloodbath, the Clapham rail crash, the intercourse killing of Rachel Nickell and the demise of Princess Diana
‘That was not how the case was offered to the jury.
‘The Crown relied on Shepherd’s proof and the jury should have accepted it. Had they recognized of the amount of skilled proof dismissive of Shepherd’s opinion, it’s very unlikely they’d have convicted.
‘I agree with the criticism of the CCRC’s failure to instruct an impartial pathologist.’
The CCRC has been broadly criticised just lately following the Andrew Malkinson scandal, who was launched final yr after being wrongly convicted of rape and spending 17 years in jail.
Within the Malkinson case, as within the Freeman one, the CCRC refused to refer it to the Court docket of Enchantment as a result of, it stated, it failed the ‘actual chance’ take a look at. That is outlined because the ‘actual chance’ that judges will rule a conviction ought to be quashed.
The CCRC stated final night time: ‘Mr Freeman has utilized to the CCRC on a number of events beforehand. Following thorough evaluations, it was decided that these functions didn’t meet the ‘actual chance’ take a look at.’
Dr Shepherd has not responded to requests for remark.
