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Promoting Irish Culture and History from Little Rock, Arkansas, USA

Tag Archives: Forensic Science


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Judith Ward Wrongfully Convicted of M62 Coach Bombing

Judith Ward is wrongfully convicted and sentenced to life imprisonment on November 4, 1974, for the Provisional Irish Republican Army‘s (IRA) M62 coach bombing, which took place on February 4, 1974, killing twelve.

Ward, 25, from Stockport in Cheshire, receives a life term for each of those who died when the coach exploded on the M62 motorway. The sentences are to run concurrently with three other sentences of up to twenty years for causing explosions. She remains impassive as Justice Waller passes sentence.

During the trial the court hears that Ward had joined the army – from which she later deserts – on the instructions of the republican group, the IRA. Her detailed knowledge of bases helps to facilitate the coach bombing, prosecution barrister John Cobb QC alleges. She also gives information to the IRA which leads to two attacks on army targets in which six people die, Cobb adds. 

Ward initially confesses her crimes in a statement to police which she later retracts. She denies being a member of the IRA but photographs of her in the outlawed organisation’s uniform are shown to the jury at Wakefield Crown Court.

It also emerges in court that Ward was arrested after the bombing of Euston railway station in September 1973 but is later released. Questions are raised as to why the police let her go even though traces of explosives were found on her hands. 

As Ward is led from the courtroom to the cells, the only member of her family present, sister-in-law Jean Ward, sobs. Her father, Thomas, says earlier he does not believe his daughter is capable of such “brutal and callous acts.” Her brother, Tommy, says none of the family think Judith has ever been in the IRA. “We don’t think she was so heavily involved. There has been a lot of romancing,” he says. 

That is a point echoed in court by Ward’s solicitor, Andrew Rankin QC, who highlights many improbabilities in her confessions. They include having been married to an IRA man and having borne a child by another.

Ward spends 18 years in jail before her conviction is quashed in 1992. Her lawyers argue that the trial jury should have been told of her history of mental illness.

Three Appeal Court judges conclude that Ward’s conviction had been “secured by ambush.” They say government forensic scientists had withheld information that could have changed the course of her trial. Her case is one of a spate of miscarriage of justices revealed in the early 1990s. 

Others released around the same time include the Birmingham Six and the Guildford Four.

After her release, Ward writes an autobiography, Ambushed, published in 1992. She subsequently starts a course in criminology and becomes a campaigner for prisoners’ rights.

(From: “On This Day – 4 November,” BBC News, news.bbc.co.uk)


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Founding of the Criminal Assets Bureau

The Criminal Assets Bureau (CAB) (Irish: An Biúró um Shócmhainní Coiriúla), a law enforcement agency, is established in Ireland on October 15, 1996. The CAB has the powers to focus on the illegally acquired assets of criminals involved in serious crime. The aims of the CAB are to identify the criminally acquired assets of persons and to take the appropriate action to deny such people these assets. This action is taken particularly through the application of the Proceeds of Crime Act 1996. The CAB is established as a body corporate with perpetual succession and is founded on the multi-agency concept, drawing together law enforcement officers, tax officials, social welfare officials as well as other specialist officers including legal officers, forensic analysts and financial analysts. This multi-agency concept is regarded by some as the model for other European jurisdictions.

The CAB is not a division of the Garda Síochána (police) but rather an independent body corporate although it has many of the powers normally given to the Gardaí. The Chief Bureau Officer is drawn from a member of the Garda Síochána holding the rank of Chief Superintendent and is appointed by the Garda Commissioner. The remaining staff of the CAB are appointed by the Minister for Justice, Home Affairs and Migration. CAB members retain their original powers as if they were working within their separate entities and have direct access to information and databases that their original organisations are allowed by law. This ability to share information is described by the Garda Síochána Inspectorate in its Crime Investigation Report of October 2014 as “a good model that could be replicated outside of CAB.”

The CAB reports annually to the Minister through the Commissioner of the Garda Síochána and this report is laid before the Houses of the Oireachtas. The Minister for Justice, in publishing the 2011 CAB Annual Report, states: “The work of the bureau is one of the key law enforcement responses to tackling crime and the Government is very much committed to further strengthening the powers of the bureau through forthcoming legislative proposals.” In publishing the Bureau’s 2012 report, the Minister for Justice sets out: “The Annual Report provides an insight into the workings of the Bureau and highlights the advantage of adopting a multi-agency and multi-disciplinary approach to the targeting of illicit assets. The Bureau is an essential component in the State’s law enforcement response to serious and organised crime and the Government is fully committed to further strengthening its powers through future legislative reform.”

The Minister for Justice sets out that Ireland, through the work of the Bureau, has established itself as a jurisdiction that is responding to that challenge and the work of the Bureau is internationally recognised as a best practice approach to tackling criminality and the illicit monies it generates.

The CAB has been effective against organised criminals, especially those involved in the importation and distribution of drugs. It has also been used against corrupt public officials and terrorists.


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Birth of James Whiteside, Politician & Judge

James Whiteside, Irish politician and judge, is born at Delgany, County Wicklow, on August 12, 1804.

Whiteside is the son of William Whiteside, a clergyman of the Church of Ireland. His father is transferred to the parish of Rathmines but dies when his son is only two years old, leaving his widow in straitened circumstances. She schools her son personally in his early years. He is educated at Trinity College Dublin, enters the Middle Temple, and is called to the Irish bar in 1830.

Whiteside very rapidly acquires a large practice, and after taking silk in 1842 he gains a reputation for forensic oratory surpassing that of all his contemporaries and rivalling that of his most famous predecessors of the 18th century. He defends Daniel O’Connell in the state trial of 1843, and William Smith O’Brien in 1848. His greatest triumph is in the Yelverton case in 1861. He is elected Member of Parliament (MP) for Enniskillen in 1851, and in 1859 becomes an MP for Dublin University. In Parliament, he is no less successful as a speaker than at the bar, and in 1852 is appointed Solicitor-General for Ireland in the first administration of Prime Minister Edward Smith-Stanley, becoming Attorney-General for Ireland in 1858, and again in 1866. In the same year he is appointed Lord Chief Justice of the Queen’s Bench, having previously turned down offers of a junior judgeship. His reputation as a judge does not equal his reputation as an advocate, although he retains his great popularity. In 1848, after a visit to Italy, he publishes Italy in the Nineteenth Century. In 1870 he collects and republishes some papers contributed many years before to periodicals, under the title Early Sketches of Eminent Persons.

In July 1833, Whiteside marries Rosetta, daughter of William and Rosetta Napier, and sister of Sir Joseph Napier, Lord Chancellor of Ireland. Like his brother-in-law, Joseph, he is devoted to the Church of Ireland and strongly opposes its disestablishment.

Whiteside is universally well-liked, being noted for charm, erudition and a sense of humour. Barristers who practise before him say that his charm, courtesy and constant flow of jokes make appearing in his Court a delightful experience.

Whiteside’s last years on the bench ware affected by ill health. He dies on November 25, 1876, at Brighton, Sussex, England. His brother-in-law, from whom he is estranged in later years, is overcome with grief at his death and collapses at the funeral. He is buried at Mount Jerome Cemetery in Dublin.

(Pictured: Statue of James Whiteside by Albert Bruce-Joy on display in St. Patrick’s Cathedral)


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The Murder of Benedict Hughes

File written by Adobe Photoshop? 4.0

Northern Ireland is plunged into a new crisis after Benedict Hughes, a Catholic, is shot dead on January 21, 1998, as he is getting into his car after finishing his work in a loyalist area of south Belfast. It is the latest murder aimed at wrecking the peace process and the eighth sectarian killing since Christmas.

Hughes, age 55, dies in a hail of bullets in Sandy Row shortly after 5:00 PM, as he is preparing to travel back to his Suffolk Crescent home in west Belfast. The father of three is shot at least five times in the neck and chest as he tries to get into his car which is parked in Utility Street off the Donegall Road. He is taken to the Royal Victoria Hospital where he later dies. The lone gunman makes off on foot in the direction of Felt Street.

The attack comes after the funeral of Fergal McCusker, a Catholic shot dead by the Loyalist Volunteer Force (LVF) just days earlier and ahead of the funerals of Catholic taxi driver Larry Brennan and prominent loyalist Jim Guiney held on January 22.

When forensic people arrive on the scene soon after the shooting, the area is packed with onlookers who believe the shot man is a Protestant.

As a recovery truck comes to remove Hughes’s car later that night, small groups of people are still watching the scene. The Rev. Richard Darmody, the rector of nearby St. Aidan’s Church in Sandy Row, who went to the scene thinking the victim was one of his parishioners, condemns the murder. “I’m shocked and horrified that the life of an innocent person has been taken and that another family has been plunged into grief and pain. I feel very concerned about where this is going to lead, and the possibility of more lives being taken, and more families being bereaved.”

There is no immediate admission of responsibility. However, the blame is placed firmly on loyalists, either the LVF, which has admitted being behind a series of recent killings, or the Ulster Freedom Fighters, which has remained silent, but which is suspected by the security forces of having joined the killings.

Social Democratic and Labour Party (SDLP) councillor Alex Attwood calls on mainstream loyalists to “clarify whether they are really on a ceasefire” because it is clear, he says, the LVF has received help from other loyalist groups, the Ulster Volunteer Force (UVF) or the Ulster Defence Association (UDA).

SDLP councillor Alastair McDonnell says the peace process is not in crisis. Hughes was “an innocent Catholic who was just trying to earn a living, who has no connections with any political or paramilitary grouping. If he had he wouldn’t have worked here.” He adds that there is a “small handful of evil people” who do not want to see peace.

Alliance spokesman Dr. Philip McGarry says there is “no excuse, no justification for causing pain to yet another family.”

(From: “Catholic shot dead leaving work in loyalist Sandy Row” by Louise McCall, The Irish Times, January 22, 1998)


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The Arrest of the Birmingham Six

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Hugh Callaghan, Patrick Hill, Robert Hunter, Noel McIlkenny, William Power, and John Walker, known as the “Birmingham Six,” are arrested on November 22, 1974, in connection with pub bombings which took place earlier in the week.

The Birmingham pub bombings take place on November 21, 1974, and are attributed to the Provisional Irish Republican Army. Explosive devices are placed in two central Birmingham pubs, the Mulberry Bush at the foot of the Rotunda and the Tavern in the Town in New Street. The resulting explosions, at 8:25 PM and 8:27 PM, collectively are the most injurious attacks in England since World War II. Twenty-one people are killed and 182 are injured. A third device, outside a bank in Hagley Road, fails to detonate.

Five of the six arrested are Belfast-born Roman Catholics, while John Walker is a Roman Catholic born in Derry. All six have lived in Birmingham since the 1960s. All the men except for Callaghan leave the city early on the evening of November 21 from New Street Station, shortly before the explosions. They are travelling to Belfast to attend the funeral of James McDade, a Provisional IRA member who had accidentally killed himself on November 14 when his bomb detonates prematurely while he is planting it at a telephone exchange in Coventry.

When they reach Heysham they and others are subject to a Special Branch stop and search. The men do not tell the police of the true purpose of their visit to Belfast, a fact that is later held against them. While the search is in progress the police are informed of the Birmingham bombings. The men agree to be taken to Morecambe police station for forensic tests.

On the morning of November 22, after the forensic tests and questioning at the hands of the Morecambe police, the men are transferred to the custody of West Midlands Serious Crime Squad police unit. Callaghan is taken into custody on the evening of November 22.

The Birmingham Six are charged with murder and conspiracy to cause explosions on May 12, 1975. The trial begins on June 9, 1975, at the Crown Court sitting at Lancaster Castle, before Justice Nigel Bridge and a jury. The jury finds the six men guilty of murder. On August 15, 1975, they are each sentenced to twenty-one life sentences.

On November 28, 1974, the Birmingham Six appear in court for a second time after they had been remanded into custody at HM Prison Winson Green, all showing bruising and other signs of ill-treatment. Fourteen prison officers are charged with assault in June 1975 but are ultimately acquitted. The Six bring a civil claim for damages against the West Midlands Police in 1977, but it is struck out on January 17, 1980, by the Court of Appeal (Civil Division).

In March 1976 the Birmingham Six’s first application for leave to appeal is dismissed by the Court of Appeal, presided over by John Widgery. Their second full appeal, in 1991, is allowed. New evidence of police fabrication and suppression of evidence, the successful attacks on both the confessions and the 1975 forensic evidence causes the Crown to decide not to resist the appeals. The Court of Appeal states that in light of the fresh scientific evidence, the convictions are both unsafe and unsatisfactory. On March 14, 1991, the Birmingham Six are set free.

In 2001, a decade after their release, the six men are awarded compensation ranging from £840,000 to £1.2 million.


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The Release of the Birmingham Six

birmingham-six

The Birmingham Six – Paddy Joe Hill, Hugh Callaghan, Richard McIlkenny, Gerry Hunter, Billy Power and Johnny Walker – are released from jail on March 14, 1991, after their convictions for the murder of 21 people in two pubs are quashed by the Court of Appeal.

The Birmingham pub bombings take place on November 21, 1974, and are attributed to the Provisional Irish Republican Army. Explosive devices are placed in two central Birmingham pubs – the Mulberry Bush at the foot of the Rotunda and the Tavern in the Town, a basement pub in New Street. Up until this point, the resulting explosions collectively are the most injurious attacks in Great Britain since World War II. Ten people at the Mulberry Bush and eleven at the Tavern in the Town are killed and 182 people are injured. A third device, outside a bank in Hagley Road, fails to detonate.

Five of the six are taken into custody on the evening of November 21. The men agree to be taken to Morecambe police station for forensic tests. The following morning, after the forensic tests and questioning at the hands of the Morecambe police, the men are transferred to the custody of West Midlands Serious Crime Squad police unit. Hugh Callaghan is taken into custody on the evening of November 22.

On May 12, 1975, the six men are charged with murder and conspiracy to cause explosions. The trial begins on June 9, 1975, at the Crown Court sitting at Lancaster Castle. After legal arguments the statements made in November are deemed admissible as evidence. The unreliability of these statements is later established. Forensic scientist Dr. Frank Skuse uses positive Griess test results to claim that Hill and Power had handled explosives. Callaghan, Hunter, McIlkenny and Walker all had tested negative. The jury finds the six men guilty of murder. On August 15, 1975, they are each sentenced to 21 life sentences.

In March 1976 their first application for leave to appeal is dismissed by the Court of Appeal. Their second full appeal, in 1991, is allowed. New evidence of police fabrication and suppression of evidence, the successful attacks on both the confessions and the 1975 forensic evidence causes the Crown to decide not to resist the appeals. The Court of Appeal states that “in the light of the fresh scientific evidence, which at least throws grave doubt on Dr. Skuse’s evidence, if it does not destroy it altogether, these convictions are both unsafe and unsatisfactory.” On March 14, 1991, the six walk free.

In 2001, a decade after their release, the six men are awarded compensation ranging from £840,000 to £1.2 million.

The success of the appeals and other miscarriages of justice cause the Home Secretary to set up a Royal Commission on Criminal Justice in 1991. The commission reports in 1993 and leads to the Criminal Appeal Act 1995 which establishes the Criminal Cases Review Commission in 1997. Superintendent George Reade and two other police officers are charged with perjury and conspiracy to pervert the course of justice but are never prosecuted. During the inquest into the bombings in 2016, Hill states that he knows the identities of three of the bombers who are still “free men” in Ireland.