There are thirteen criteria on sufficiency of evidence that Crown Prosecutors had to keep in mind when deciding whether a suspect should be prosecuted at that time, which are thoroughly rehearsed in my book with reference to this case – three did not apply and the other ten should have rung alarm bells. The CPS had an ongoing discretion to review the decision in the light of events even after deciding to prosecute beginning with the committal hearing, which was an old-style one that involved live evidence from the four main witnesses who either put the Cardiff Five at the crime scene or directly accused them of committing the murder. Learnne Vilday, Angela Psaila, Mark Grommek and Paul Atkins contradicted themselves, each other and irrefutable scientific evidence irreconcilably, but the magistrate committed the case for trial and instead of reviewing whether the case was appropriate for trial, both the police and CPS prepared for the first trial by trying to paper over the cracks that were becoming chasms. If the CPS reviewed the evidence again with reference to the Code for Crown Prosecutors, it reached the wrong conclusion – one that defied logic and the evidence, but the unexpected death of Mr Justice McNeill in February 1990 gave the CPS another chance to review the evidence – not only of those witnesses, but of all of them – and halt a prosecution that by now should have been clear was not justified by the evidence.

The CPS had an unusual advantage in this case as it didn't have to guess what impression the witnesses would make on a jury and how they would come over while giving evidence, because it knew full well from the performances they had given during the first trial. The quality of their evidence was woeful and the CPS should have reviewed the case and acted courageously in the interests of justice by refusing to prosecute. It could have halted a shameful prosecution before lasting damage was done to innocent people, but instead Hughes and the CPS abrogated their responsibility. The worst examples of bullying in Miller's interviews had been played to the judge, yet instead of reviewing an example of bullying and hectoring that would later horrify each member of the Court of Criminal Appeal that heard the appeal of the Cardiff Three – John and Ronnie Actie were acquitted after the second trial in November 1990 – the CPS allowed the entirely innocent Cardiff Five to stand trial again.

Hughes had the responsibility to make sure that the evidence in this case was of the standard required and he had a continuing discretion to review the decision to prosecute, but he failed to conclude that the evidence was unreliable at best. Witnesses contradicted themselves, others and indisputable evidence irreconcilably and there were complaints of significant malpractice during the inquiry that were not adequately reviewed if at all. Obtaining wrongful convictions after the second trial does not absolve Hughes, the CPS and the prosecution lawyers of their responsibility for wrongfully prosecuting five innocent men – it simply establishes that there were other parts of the criminal justice system that failed to perform adequately as well.

In July 2003 the then Chief Constable of South Wales Police Sir Anthony Burdon accepted responsibility for the failings of his force in this case and apologised in writing to the Cardiff Five for their ordeal. Phase Three of the Lynette White Inquiry began shortly after Jeffrey Gafoor pleaded guilty to the murder of Lynette White – its remit was to establish if criminal conduct occurred during the original investigation and it has resulted in the arrest and interviewing under caution of thirty-four people including twenty serving or retired police officers, an expert witness and thirteen civilians on suspicion of offences including perjury and conspiracy to pervert the course of justice. The investigation continues and the CPS has been closely involved – deciding in February 2007 that Vilday, Psaila, Atkins and Grommek would be charged with eleven counts of perjury between them at the committal hearing and two trials. Eighteen months later the trials began – Atkins had been found unfit to plead and stand trial and Vilday and Psaila pleaded guilty to perjuring themselves at the second trial, which left Grommek in the dock on his own. Grommek later pleaded guilty to all three counts after being told that the shocking way he had been treated did not amount to duress and awaits sentencing along with Vilday and Psaila.