M25 Three
Encyclopedia
The M25 Three were Raphael George Rowe, Michael George Davis, and Randolph Egbert Johnson, who were jailed for life at the Old Bailey
Old Bailey
The Central Criminal Court in England and Wales, commonly known as the Old Bailey from the street in which it stands, is a court building in central London, one of a number of buildings housing the Crown Court...

 in March 1990 after being found guilty of murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...

 and robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....

. The name was taken from the location of the crimes, which were committed around the M25
M25 motorway
The M25 motorway, or London Orbital, is a orbital motorway that almost encircles Greater London, England, in the United Kingdom. The motorway was first mooted early in the 20th century. A few sections, based on the now abandoned London Ringways plan, were constructed in the early 1970s and it ...

, London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...

's orbital motorway, during the early hours of 16 December 1988. The original trial took place between January and February 1990, resulting in all three being convicted of the murder of Peter Hurburgh, causing grievous bodily harm with intent
Grievous bodily harm
Grievous bodily harm is a term of art used in English criminal law which has become synonymous with the offences that are created by sections 18 and 20 of the Offences against the Person Act 1861....

 to Timothy Napier and several robberies. Each was sentenced to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...

 for the murder and given substantial sentences for the other offences. Davis also pleaded guilty to separate charges of robbery and Johnson to robbery and rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...

, offences committed during the commission of an earlier burglary
Burglary
Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...

 several days before the murder. For these crimes, Davis was sentenced to ten years and Johnson to twelve years. All sentences were concurrent. Rowe also had previous convictions, including malicious wounding.

The convictions were overturned in July 2000. All three men have consistently maintained their innocence.

The M25 crime spree

At some time between 0150 and 0340 UTC an armed gang of three men wearing balaclavas and driving a stolen green Triumph Spitfire
Triumph Spitfire
The Triumph Spitfire is a small English two-seat sports car, introduced at the London Motor Show in 1962. The vehicle was based on a design produced for Standard-Triumph in 1957 by Italian designer Giovanni Michelotti...

 approached a car in Chelsham
Chelsham
Chelsham is a village in Surrey in the borough of Tandridge. It is within the civil parish of Chelsham and Farleigh.The village lay within the Anglo-Saxon administrative division of Tandridge hundred....

, Surrey
Surrey
Surrey is a county in the South East of England and is one of the Home Counties. The county borders Greater London, Kent, East Sussex, West Sussex, Hampshire and Berkshire. The historic county town is Guildford. Surrey County Council sits at Kingston upon Thames, although this has been part of...

 in which Peter Hurburgh and Alan Eley were having sex. The gang dragged the two men from the car, tied them up and stripped and beat them. Eley stated that one of the gang was armed with a knife, and another was holding a handgun. The gang then poured petrol over the two men, and Eley lost consciousness. When he regained consciousness, Hurburgh was dead, having sustained five fractured ribs and a fractured sternum, which had bruised his heart leading to death from cardiac arrest
Cardiac arrest
Cardiac arrest, is the cessation of normal circulation of the blood due to failure of the heart to contract effectively...

. The assailants abandoned the Triumph Spitfire at the scene and stole Hurburgh's car, an Austin Princess which they then drove around the M25 to Oxted
Oxted
Oxted is a commuter town in Surrey, England at the foot of the North Downs, north of East Grinstead and south-east of Croydon.- History :The town lay within the Anglo-Saxon administrative division of Tandridge hundred....

, Surrey. Here, at around 0340 UTC, they broke into a home belonging to Richard Napier, then aged 66, who lived with his wife and 40-year old son. The gang threatened the family with a knife and two handguns, one of which was described as a revolver
Revolver
A revolver is a repeating firearm that has a cylinder containing multiple chambers and at least one barrel for firing. The first revolver ever made was built by Elisha Collier in 1818. The percussion cap revolver was invented by Samuel Colt in 1836. This weapon became known as the Colt Paterson...

. Timothy Napier sustained multiple knife wounds and Mrs Napier was instructed to remove her rings and jewellery. She was told that if she refused her fingers would be cut off. The house was ransacked and after 20-30 minutes, the robbers left, taking Timothy Napier's Toyota Corolla
Toyota Corolla
The Toyota Corolla is a line of subcompact and compact cars manufactured by the Japanese automaker Toyota, which has become very popular throughout the world since the nameplate was first introduced in 1966. In 1997, the Corolla became the best selling nameplate in the world, with over 35 million...

 which had been parked near the house. Peter Hurburgh's Austin Princess was found abandoned 100 yards from the Napier's house.

The gang then drove around the M25 to Fetcham
Fetcham
Fetcham is a village in Surrey, England. It is west of Leatherhead, on the other side of the River Mole and Mill Pond springs and the associated nature reserve....

, Surrey, where at 0500 UTC they broke into the house of Rosemary Spicer and her boyfriend Peter Almond, who were threatened with a handgun, tied up and gagged while the house was ransacked. After between forty-five minutes and an hour the gang left in a Renault 5
Renault 5
The Renault 5 was first unveiled on 10 December 1971, being launched at the beginning of 1972.The Renault 5 was styled by Michel Boué, who died before the car's release, the R5 featured a steeply sloping rear hatchback and front dashboard...

 and a Vauxhall Cavalier
Vauxhall Cavalier
The Vauxhall Cavalier is a large family car sold primarily in the UK by Vauxhall Motors, the British division of General Motors , from 1975 to 1995...

 stolen from Spicer and Almond; Timothy Napier's Toyota was later found nearby.

Arrests

Rowe and Davis were arrested on the morning of 19 December 1988 at the probation hostel they shared in Sydenham
Sydenham
Sydenham is an area and electoral ward in the London Borough of Lewisham; although some streets towards Crystal Palace Park, Forest Hill and Penge are outside the ward and in the London Borough of Bromley, and some streets off Sydenham Hill are in the London Borough of Southwark. Sydenham was in...

, London and initially taken to Oxted
Oxted
Oxted is a commuter town in Surrey, England at the foot of the North Downs, north of East Grinstead and south-east of Croydon.- History :The town lay within the Anglo-Saxon administrative division of Tandridge hundred....

 Police Station. Johnson was apprehended on 6 January 1989, at which time he was found to be in possession of a revolver. Some of the items stolen during the Oxted and Fetcham robberies were recovered from the bail hostel. Davis' fingerprints
Fingerprint
A fingerprint in its narrow sense is an impression left by the friction ridges of a human finger. In a wider use of the term, fingerprints are the traces of an impression from the friction ridges of any part of a human hand. A print from the foot can also leave an impression of friction ridges...

 were found on porcelain
Porcelain
Porcelain is a ceramic material made by heating raw materials, generally including clay in the form of kaolin, in a kiln to temperatures between and...

 figures taken during one of the robberies and later discovered in a locked cupboard inside the bail hostel. Also arrested were Shane Griffin, Jason Cooper and Mark Jobbins. In total, twelve people at the hostel were arrested. A further suspect, Norman Duncan, was already in police custody.

Case against Rowe, Davis and Johnson

Griffin and Duncan admitted stealing the Triumph Spitfire used by the gang that murdered Hurburgh, but testified that they had stolen it at the request of Rowe, on the 13 December 1988. They claimed that it had been kept at the bail hostel until the evening of 15 December when Rowe, Davis and a third man, whom they did not know but who was alleged by the prosecution to be Johnson, had asked them for assistance to "bump start" the vehicle, between 2300 and 0000 UTC. They also testified that Rowe had asked for balaclavas. This same group of witnesses claimed that Rowe and Davis had returned on the morning of 16 December in the stolen Renault and Vauxhall Cavalier with a quantity of items, the proceeds of the robberies, which they helped to unload and hide. They alleged that they were then asked to dispose of the stolen vehicles, with the warning that they were a "bit warm" and that they would have to be burned completely in order to remove all identification.

A girlfriend of Rowe, 16 year old Kate Williamson, said that at the time the crimes were committed Rowe had left at approximately 0130 UTC and not returned until around 0630 UTC, when he returned wearing different jeans and shoes and carrying a Sainsbury's bag, the same type of which had been taken in the Spicer/Almond robberies. Williamson claimed that Rowe took from the bag a pendant with a gold chain, a watch which was later found to be one taken during the Spicer robbery, and muddied jeans and boots. Williamson claimed that Rowe gave her two rings, later found to have been taken during the Napier robbery, a watch found to have been taken from the Spicer robbery, and a watchstrap from the Napier robbery. She handed all of the items to the police on 19 December 1988. Police also found a brooch taken in the Spicer robbery in a waste paper basket in Rowe's room. Williamson gave further evidence that when Rowe had left on the Thursday evening he had been wearing a particular type of distinctive footwear, and imprints made by this type of boot were found in a flowerbed at the Napier home and in blood in the Napier's hall.

Weaknesses in the prosecution case

A witness for the defence testified that he had seen the green Triumph Spitfire, in the location where it was eventually found, at approximately 0030 UTC on 16 December. Given Williamson's testimony that Rowe had still been at the bail hostel at this time, this placed Rowe away from the scene and therefore the subsequent crime spree. The judge at the original trial drew this to the jury's attention in his summing up, and also highlighted that the evidence of Jobbins, Duncan and Griffin came from men who essentially were accomplices, and Williamson was by her own admission a handler of stolen goods.

There were also serious discrepancies between the appearance of the three defendants and the descriptions given by witnesses. All three defendants were black
Black people
The term black people is used in systems of racial classification for humans of a dark skinned phenotype, relative to other racial groups.Different societies apply different criteria regarding who is classified as "black", and often social variables such as class, socio-economic status also plays a...

 men, but Alan Eley had initially told the police he thought that only one of the assailants was black, the other two being white
White people
White people is a term which usually refers to human beings characterized, at least in part, by the light pigmentation of their skin...

 men, although all three had worn balaclavas throughout the attack. Both Richard Napier and his wife also said that they thought that at least one attacker was white, a view repeated by Rosemary Spicer. However, in both of the robberies, as with the attack on Eley and Hurburgh, none of the men had removed their balaclavas. Part of the prosecution case relied upon a conversation Johnson was alleged to have had with a fellow prisoner, in which he admitted guilt and described one of his accomplices as a "redskin". The prosecution pointed out that in his police interviews, Johnson also used the expression "redskin", a Jamaica
Jamaica
Jamaica is an island nation of the Greater Antilles, in length, up to in width and 10,990 square kilometres in area. It is situated in the Caribbean Sea, about south of Cuba, and west of Hispaniola, the island harbouring the nation-states Haiti and the Dominican Republic...

n term to describe someone with lightly coloured skin, and that Rowe was lightly coloured.

There was no physical evidence linking Johnson to any of the scenes of crime or to any property stolen from them.

The trial judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

, Lord Justice Auld, summed up over four days and at the 2000 ruling it was acknowledged that the summation was "a careful, fair and wholly accurate reflection of the evidence and the issues. His directions in law were impeccable. He drew attention to the weaknesses in the prosecution case as well as its strengths. Having directed the jury as to the burden and standard of proof he said: "That test is particularly important in a case such as this when so much of the evidence is disputed, where much of the prosecution evidence is itself tainted for one reason or another and where there is considerable uncertainty and inconsistency in important areas.""

Inconsistencies and irregularities

Campaigners acting on behalf of the three convicted men raised many questions about the conduct of the investigation and trial. With regard to Jobbins, Duncan and Griffin, they pointed out that the three key prosecution witnesses
  • fitted the victims descriptions of the assailants
  • admitted handling and hiding some of the stolen property in premises belonging Jobbin's girlfriend
  • admitted stealing the Spitfire
  • admitted possessing a handgun used by the gang
  • admitted disposing of the stolen Vauxhall and Renault


Until the arrest of Rowe and Davis, the police maintained in their appeals for information that the suspects were two white males and one black male.

Appeal

Following conviction the defendants appealed. The grounds for appeal were based on
  • the fact that Johnson had not been identified by anyone including Jobbins, Duncan or Griffin;
  • the evidence from eye witnesses about the colour of the attackers;
  • the unreliability of the witness who testified that Johnson had confessed to him while on remand;
  • the unreliability of Jobbins, Duncan and Griffin;
  • the inconsistency between Kate Williamson's evidence and that of the witness who had seen the green Spitfire at the scene of the murder.


The appeal was heard on 23 July 1993, and it was then disclosed that reward money had been paid for information leading to the three men's conviction but not the name or names of the recipients, which their lawyers claimed was vital to their case, since those alleged to have received payments might also have been suspects, and had been promised immunity from prosecution in return for information. It later emerged that Norman Duncan had received £10,300 in reward money from the Daily Mail
Daily Mail
The Daily Mail is a British daily middle-market tabloid newspaper owned by the Daily Mail and General Trust. First published in 1896 by Lord Northcliffe, it is the United Kingdom's second biggest-selling daily newspaper after The Sun. Its sister paper The Mail on Sunday was launched in 1982...

, which was not disclosed to the jury when he gave evidence at the original trial.

The appeal was rejected, with the court stating: "Taking all the evidence relating to the timing and events on the Thursday night and the succeeding days into account we conclude that, on the whole of the material we have reviewed, there is no basis for saying there is even a lurking doubt about the safety of the convictions of Rowe and Davis, the same applies to Johnson. On the contrary, the case against them all was, and remains, a formidable one."

In 1994, Davis and Rowe made an application to the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...

.

Criminal Cases Review Commission

In 1997 the Criminal Cases Review Commission
Criminal Cases Review Commission
The Criminal Cases Review Commission is an non-departmental public body set up following the Royal Commission on Criminal Justice itself a continuation of the May Inquiry. It aims to investigate possible miscarriages of justice in England, Wales and Northern Ireland...

 appointed an investigating officer from Greater Manchester Police
Greater Manchester Police
Greater Manchester Police is the police force responsible for law enforcement within the metropolitan county of Greater Manchester in North West England...

 to carry out enquiries into the case, and in January 1999 the investigating officer submitted his report. This disclosed that
  • Duncan was a registered police informant who had contacted his handler on 18 December 1988 about the crimes
  • Over two days of questioning, Duncan had alleged that the gang consisted of Rowe, Davis and Jason Cooper, not Johnson
  • Investigating officers had discussed the possibility of a reward being paid to him at the conclusion of the case
  • No prosecutions were carried out against Duncan, Griffin, Cooper or Jobbins
  • Cooper was himself a known burglar with a previous conviction for robbery
  • The foreman of the jury had visited the site of the murder without the knowledge of the court
  • There was no evidence to link Johnson to any of the scenes of crime or to any property stolen from them
  • Witness testimony suggested that at least one of the gang was white
  • There existed a possibility of the persons responsible for the attack upon Hurburgh and Eley having returned to the bail hostel in the Austin Princess before the same vehicle set off for the Napier's residence with a different team inside


The report concluded that: "The new evidence and arguments... create a real possibility that Mr Johnson was not one of those three persons. Whilst there is evidence specifically linking Messrs Rowe and Davis to the robberies, if the prosecution against one of the three, Mr Johnson, might no longer be sustainable, in the Commission's view the Court of Appeal ought at the same time have the opportunity to consider whether the case can still be sustained against Messrs Rowe and Davis."

European Court of Human Rights judgment

On 16 February 2000 the European Court of Human Rights returned its judgment in respect of Davis and Rowe. It found that there had been a violation of Article 6 (1) of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...

, specifically the failure to disclose Duncan's status as an informant prior to trial together with the fact that he had become eligible for a reward and may have nominated Cooper as one of the robbers before later accusing Johnson.

2000 Appeal Court hearing

The hearing commenced on 14 June 2000. At its conclusion, the court stated that "We cannot say that any of these convictions is safe. They must be quashed and the appeals allowed. Ten years on it is not appropriate to order a retrial."

Convictions overturned

They were released from prison on 17 July 2000 when their convictions were overturned after being ruled "unsafe" by the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...

. In the ruling, Lord Justice Mantell, Mr Justice Blofeld and Mrs Justice Rafferty were emphatic that although the convictions were unsafe, they were not declaring the men innocent: "[T]he case against all three appellants was formidable. The evidence against Rowe was overwhelming... For the better understanding of those who have listened to this judgment and of those who may report it hereafter this is not a finding of innocence, far from it." On his release, Davis stated that it had been "a very long and hard battle to prove my innocence", and that they were "innocent" regardless of what the judges had said. Rowe said: "I know the judges were involved in a damage limitation exercise. But what they said was diabolical. They didn't say I was guilty, but that's how everyone interpreted it. I have battled every day of the last 12 years to prove I was set up by the police, to prove I am not a murderer. It has been my passion. I am free now, but it's as if I'm still inside. I'm still trying to get my voice heard."

Rowe is currently an investigative journalist working for the BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...

.
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