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Tag Archives: Royal Commission on Criminal Justice


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Birmingham Six on Verge of Freedom

After 17 years in prison, the Birmingham Six could be freed within weeks. An announcement on February 25, 1991, by the Director of Public Prosecutions, Alan Green, says the convictions of the Birmingham Six can no longer be considered safe and satisfactory. Hugh Callaghan, Paddy Joe Hill, Gerry Hunter, Richard McIlkenny, Billy Power, and Johnny Walker, all from Northern Ireland, were all jailed in 1975 for an Irish Republican Army (IRA) attack on two pubs in Birmingham, England, in November 1974 in which 21 people died. The Birmingham Six have consistently maintained their innocence. 

Speaking during a live radio broadcast by Irish broadcaster RTÉ, one of the six, Hugh Callaghan, speaks about his ordeal. “It should have happened a long time ago. It has been known for years and years that we were innocent,” he says. 

The February 25 preliminary hearing is told both scientific and police evidence presented at the original trial can no longer be relied upon and that therefore the Crown‘s case against the men has collapsed. 

Their third appeal is to be heard at the Court of Appeal on Monday, March 4, 1991. New evidence collected in the prior year is to be presented to the court, which will make the final decision on whether or not to release the men.

Friends, family and supporters are overjoyed by the news. The Irish government issues a statement saying it shares their relief and joy.

Gareth Peirce, the solicitor for five of the men, says the case is “a national disgrace” and calls for the evidence to be made public.

Patsy Power, William Power’s wife, says, “It’s over and done but the system has to be altered so nothing like this happens again.”

Former Master of the Rolls Tom Denning, Baron Denning, who rejected the men’s appeal in 1980, says he is saddened by the case. “As I look back I am very sorry, because I always thought that our police were splendid and am very sorry that in this case it appears the contrary,” he says.

The Birmingham Six are released amid scenes of wild jubilation on March 14, 1991, after their convictions are quashed by the Court of Appeal. Their case – and that of the Guildford Four freed in 1989 – lead to the creation of a Royal Commission on Criminal Justice which makes various recommendations in 1993.

The six men struggle to cope with freedom following their release. Several turn to drink and most of their marriages suffer as a result. 

Their fight for what they consider adequate compensation for one of Britain’s most notorious miscarriages of justice continues. Patrick Hill sets up his own pressure group – Miscarriages of Justice Organisation – and in 2002 says there are up to 4,000 people wrongfully imprisoned in the United Kingdom.

In February 1999, Gareth Peirce, the lawyer for five of the six, hands back an Order of the British Empire (CBE) awarded to her at the New Year Honours list.

The real Birmingham pub bombers have not been prosecuted.

(From: “1991: Birmingham Six on verge of freedom,” BBC ON THIS DAY, http://www.news.bbc.co.uk)


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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.