This is a piece I first wrote for the uPSD website three years ago. It has been updated with some recent developments, particularly relating to the ex-PC Danny Major miscarriage of justice case, in which I have been closely involved:
On the gravestone that marks the burial place of Charlotte Kiszko, and her son Stefan (pictured above), the inscription is carved on the blackened Pennine rock: “A loving wife and a very devoted mother“. That is an understatement of monumental proportions. No one could possibly have been more steadfast than German-born Charlotte, who campaigned tirelessly – and ultimately successfully – for sixteen long years to prove the innocence of her son. Much in the way that the relatives, and friends, of the many who perished in the Hillsborough Disaster have fought relentlessly for justice – and the parents of Danny Major who have battled for so long to clear their own son’s name.
Stefan Kiszko was convicted, after a diabolical West Yorkshire Police investigation, of the murder of 11-year-old Rochdale girl, Lesley Molseed, in 1975. She had been stabbed to death on Rishworth Moor, close to the Lancashire-Yorkshire border. The killer had ejaculated on her underclothes.
The murder probe, and subsequent brutal, and relentless, three day interrogation of Kiszko, was led by Detective Sergeant John Akeroyd and his boss, Detective Chief Inspector, Dick Holland, both of whom were commended at the subsequent trial. As was the senior investigating officer, Chief Superintendent Jack Dibb. Holland and Dibb were later to be charged with perverting the course of justice, but the trial was halted after Dibb passed away in 1995. Holland, and a forensic scientist charged along with the two police officers, Ronald Outteridge, were set to blame Dibb for any evidential shortcomings. Holland died in 2007.
The repeated request to have Charlotte present whilst he was being questioned was refused and, crucially, the police did not caution the grossly immature Stefan Kiszko until long after they had decided he was the prime – and indeed only – suspect. He ultimately “confessed” after being told he could go home to his mother if he did so.
Holland was later to achieve notoriety in the Yorkshire Ripper investigation, after which he was demoted following an internal inquiry. He was also one of the senior investigators on another of the greatest miscarriages of justices of modern times, Judith Ward, wrongly convicted of the M62 IRA coach bomb murders, after a similarly brutalising interrogation. When he retired in 1988, Holland viewed the convictions of both Stefan Kiszko and of Judith Ward as being “among his finest hours during his 35 years in the police force”.
It is over 40 years since Stefan, an Inland Revenue clerk with the mental and emotional age of a 12-year-old, was found guilty at Leeds Crown Court by a jury directed by Judge Sir Hugh Park; and 20 years since he died, like his father, of a heart attack, after an all too brief taste of freedom. He was just 41 years of age, mentally and physically broken. His beloved mother, of Slovenian descent, died a few months later. Charlotte had buried her husband, Ukrainian-born Ivan Kiszko, in a Halifax cemetery after he dropped dead at Stefan’s feet in 1970 following a heart attack.
Stefan suffered from XYY syndrome, a condition in which the human male has an extra Y chromosome. Such men are normal except for – sometimes slight – growth irregularities and minor behavioural abnormalities. One of Stefan’s “behavioural abnormalities” was jotting down the registration numbers of a car if he had been annoyed by the driver. This led, in part, to his wrongful conviction as he had, at some point prior to the murder, unwittingly jotted down the number of a car seen near the scene of the crime. It was argued by the prosecution, at the murder trial, that only someone at the scene could have known the number of this car.
Also, as a symptom of his condition, Stefan Kiszko would have been physically incapable of the sex crime of which he was convicted. A crucial fact which was never disclosed to his defence team at the time of the trial.
David Waddington, who persuaded this totally innocent man to plead guilty to manslaughter, went on to become Home Secretary and now sits in the House of Lords as Baron Waddington. Stefan Kiszko’s defence team, led by Waddington, made significant mistakes at trial. Firstly, they did not seek an adjournment when the Crown delivered thousands of pages of additional unused material on the first morning of the trial. Secondly, in court, Waddington maintained the inconsistent defence of diminished responsibility, which the Kiszko family had never authorised.
Prosecuting counsel, Peter Taylor QC, later became Lord Chief Justice and, of course, is eternally (and now posthumously) famous as the luminary leading the Departmental Inquiry into the Hillsborough Disaster, just over 4 weeks after the football stadium tragedy which cost 95 lives. Tony Bland was the 96th victim. He died in March, 2003 after spending the intervening period in a brain-damaged, vegetative state.
After a month in the notorious Armley Jail, following his conviction, Stefan Kiszko was transferred to the Category A Wakefield Prison and immediately placed on Rule 43 to protect him from other inmates as, at least in the eyes of the law, he was now a convicted sex offender. Or, in prison parlance, a ‘nonce’.
Stefan’s mother launched an appeal, but it was dismissed on 25th May 1978, when Lord Justice Bridge said “We can find no grounds whatsoever to condemn the jury’s verdict of murder as in any way unsafe or unsatisfactory. The appeal is dismissed”.
Charlotte Kiszko never gave up the fight to clear her son’s name, despite being roundly ignored and then airily dismissed by many politicians, including successive Prime Ministers James Callaghan and Margaret Thatcher, and by a legal system designed to stonewall justice campaigners. Thatcher’s role in the police cover-up after both the Battle of Orgreave and Hillsborough Disaster has now unravelled in spectacular fashion. She set out to protect her political militia at all costs.
In 1984, Charlotte contacted JUSTICE, the UK human rights organisation which, at the time, investigated many miscarriages of justice. Three years later, she made her first contact with solicitor Campbell Malone, who agreed to take a look at the case when it seemed almost certain that Charlotte’s son would never be released.
Meeting Malone (pictured above right) was the turning point for Mrs Kiszko and two years later, working with barrister Philip Clegg (Waddington’s junior at the trial) a petition was presented to the Home Office. By an astonishing quirk of fate, Waddington replaced Douglas Hurd as Home Secretary on the very same day, 26th October 1989. It took Waddington a further sixteen months to refer the matter back to West Yorkshire Police for re-investigation. Detective Superintendent Trevor Wilkinson quickly established that there were glaring errors in the prosecution case, particularly relating to the medical evidence. Key witnesses against Stefan also retracted their original statements saying that they had lied for “a laugh”and other witnesses were located through private investigator, Peter Jackson, who discovered that Stefan strong alibis at the time of the original trial.
On 17 February 1992, a fresh appeal against Stefan Kiszko’s conviction was heard by three judges, Lord Chief Justice Lane, Mr. Justice Rose and Mr. Justice Potts. Present at the hearing were Franz Muller QC and William Boyce for the Crown, who were there to argue that Stefan Kiszko was guilty of murder and, therefore, must remain in prison custody. The inimitable Stephen Sedley QC and Jim Gregory were defence counsel, who asserted Kiszko was innocent. However, Muller and Boyce did not put up any counter argument after hearing the new evidence from Sedley and Gregory, and immediately accepted its validity.
Despite the overwhelming, and obvious, evidence that Kiszko was innocent, West Yorkshire Police and Ronald Outteridge, the original forensic scientist, refused to apologise to Kiszko for his wrongful conviction. In 1991, Outteridge became angry when questioned by journalists about his role in the trial.
Neither did David Waddington, Sheila Buckley, her daughter Maxine Buckley, Pamela Hind, Debbie Brown and Catherine Burke, whose perjured evidence helped convict Kiszko; or prosecution barrister, Peter Taylor, offer any apology, or express one word of regret, for what had happened. All refused to comment when Kiszko was released. West Yorkshire Police even tried to justify the position they took in 1975 whilst accepting, and admitting, they were wrong.
Fifteen years after Stefan was vindicated and released, justice was finally done for the victim’s family. Ronald Castree, a comic-book dealer from Oldham (pictured above), was eventually caught after he gave a DNA sample in connection with what is understood to have been a serious sexual assault in 2005. No action was taken over that complaint, but the body sample provided a match with semen found on Lesley Molseed’s underwear. The sexually deviant Castree was alleged to have lured 11-year-old Lesley into his taxi before sexually assaulting her, stabbing her 12 times and dumping her body high on the moors above Ripponden, near Halifax.
Despite DNA evidence that established there was a billion-to-one chance that Castree was not the killer, he continued to protest his innocence after he was sentenced at Bradford Crown Court. Liverpool-based Mr Justice Openshaw (also twice Recorder of Preston) told him: “You kept quiet whilst an entirely innocent man was arrested, tried, convicted and sentenced for this murder. He served 16 years before his conviction was fully set aside, living only a couple of years after his release before he died.”
Justice campaigners continue to protest Ronald Castree’s innocence saying he was the second person fitted up for Lesley Molseed’s murder by West Yorkshire Police. But I have, so far, not been given sight of any materials that support their campaign.
Could a case as shocking as the Stefan Kiszko fiasco happen today? I say, emphatically, yes because you have the same West Yorkshire Police force completely enamoured with its own sense of invincibility. The man who helped to prove Stefan’s innocence, and who acted as his mother’s staunch ally, believed at the time that there was just as much danger of ignoring equally egregious miscarriages of justice. “In the current climate more miscarriages will take place,” said Campbell Malone. “It is nonsense to suggest miscarriages of justice are less likely to happen now. We are more at risk – the climate is just as bad as it was in the 1970s when you had all the Irish cases (including Judith Ward featured here). I am profoundly gloomy about the situation.”
Mr Malone accepted that changes in the law through the Police and Criminal Evidence Act (PACE) had removed some of the dangers. Stefan Kiszko was, for instance, initially questioned without a lawyer and made his confession after being told by West Yorkshire Police detectives that, if he did so, he would be allowed to go home. Under PACE both those events would now be unlawful.
The bad news here is that West Yorkshire Police treat PACE with almost complete disdain. In almost every case I examine, that features one of their officers, breaches of PACE are blatant and manifest.
It is hoped, with Danny Major’s case back in the national newspapers, on network television and, possibly, headed back to the Court of Appeal, that it will give people the opportunity to think about the widescale misery that can be caused by concealing the truth about such cases – and remind people that the real perpetrator can be free to carry out other offences. The drive by West Yorkshire Police (and aided by the Independent Police Complaints Commission) to keep their star witness against Danny Major ‘clean’ allowed PC Kevin Liston free licence to go and out and commit a string of sex, drug and violence offences.
Since the Birmingham-based Criminal Case Review Commission opened its doors in 1997, it has received 10,288 applications for cases to be reviewed. Of these, 376 were referred back to the court of appeal and 241 convictions were quashed.
Anecdotally, the CCRC presents a higher evidential hurdle than the Court of Appeal to which it refers those cases it deems have sufficient merit. It is an area of our judicial system which, uPSD believe, requires urgent review.
Page last updated Tuesday 30th August, 2016 at 1935hrs
© Neil Wilby 2015-2016. Unauthorised use or reproduction of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from and links to the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.
Photo credits: uPSD WYP, The Justice Gap and Manchester Evening News