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May

The Reliable Liar?

Written by Satish Sekar

Unfair
The late Mr Justice (Sir David) Poole was responsible for ensuring that Michael Stone received a fair trial for the July 1996 attempted murder of the courageous Josie Russell and murders of her mother Dr Lin Russell and younger sister Megan at the second attempt. The prosecution depended on the credibility of a prison informer, Damien Daley, who claimed that Stone had confessed to him in Canterbury Prison in September 1997. The conversation according to Daley occurred through the heating pipe between the adjoining cells in the segregation block.

“The evidence of the main prosecution witness Damien Daley should not be dismissed just because he is a self-confessed liar,” Poole told the jury. They didn't. On October 4th 2001 Stone was convicted for the second time. Leave to appeal was granted two and a half years later by Mr Justice (Sir Colman) Treacy on the grounds that Daley's inherent unreliability deprived Stone of a fair trial.

However, in January 2005 Stone's appeal was rejected by the Court of Appeal, headed by the then Vice-President of the Court of Appeal, Lord Justice (Sir Christopher) Rose. Mr Justices (Sir Alan) Moses and (Sir Robert) Walker agreed with Rose, but the judgement was absurd as there were numerous indicators that Daley could not be relied on; either the jury was wrong, or new evidence showed that he was even more unreliable than they had heard, or both. None of that mattered to those appeal judges.

Ridiculous
“The prosecution made an admission that there was nothing which Daley said, which was not either in the public domain or capable of being inferred from material in the public domain,” said Rose. This meant that Daley could easily have fabricated the whole story, but while Rose and his colleagues would not entertain such thoughts in relation to Daley's veracity, they did in relation to one of Stone's witnesses.
“It is by no means uncommon in a case such as this, attracting great media interest, for a witness to come forward at the last moment, claiming, falsely, to have knowledge of relevant matters.”

Although Rose said that about Stone's witness, Paul Gilheaney, who claimed Daley had admitted lying, it applied to Daley too. There were, however, solid reasons to doubt Gilheaney's veracity, but similar reasons would also demonstrate that Daley and truthfulness were complete strangers. The graphic detail Daley provided was in the public domain and therefore meant nothing and his character was appalling.

Perjurer's Charter
“He had taken every kind of drug,” Rose said. “He had taken heroin in prison and at the first trial had given evidence on oath denying having done so. That was a lie. He lied when it suited him. He was a crook. He had committed crimes of violence, robberies, thefts and burglaries, and he lied to get by in life.” Such was the calibre of the prosecution's star witness. Daley was also a self-confessed perjurer according to Rose, but to this day he has not been prosecuted for that offence.

“In our judgment, while the new material shows a dependency on drugs and brings into sharper focus the lies Daley told, it makes no material difference,” said Rose. “It must have been obvious to the jury that Daley was deeply flawed. He was a hardened criminal, who lied when it suited him and he had, on his own admission, taken every type of drug. He had lied specifically about taking heroin at his first trial, because he thought it had no relevance to the evidence which he gave.” In other words he perjured himself, yet despite clearly lying on oath and judges accepting that he had done so, Daley has never been charged with perjury. In a notorious miscarriage of justice case Mr Justice (Sir David) Maddison said that perjury strikes at the heart of the criminal justice system. Neither Kent Police nor the CPS have investigated Daley's perjury, let alone prosecuted him for it.

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