Hero police officer sues chief constable over racial and religious discrimination

On Thursday 16th January, 2020, at the Leeds Employment Tribunal centre, a final hearing into claims of racial and religious discrimination against West Yorkshire Police will open. A serving police sergeant, Umer Saeed, is the claimant. An accomplished individual, with a BSc degree in Business Administration and Management and over 20 years experience as a police officer; a large part of that in specialist roles.

The hearing is expected to last for twelve court days with some highly-charged evidence expected to be heard from the witness box. Cross-examination is likely to be a lively affair as WYP’s ‘go-to’ counsel, Olivia Checa-Dover, yet again takes the stage. She has recently represented the police in two other high profile civil court cases, featuring a Bradford doctor, Abdul Rashid (read more here) and a retired police constable, Kerry Perkins (read more here).

Umer Saeed is represented by Rebian Solicitors and their instructed barrister is Adam Willoughby of Broadway House Chambers.

As many have done before him, Saeed alleges that the ‘cover-up’ of discrimination, both against him and others in the force area, goes to the very top of the force’s hierarchy. It is anticipated that around twenty witnesses will give testimony to the tribunal, unless their witness statements are admitted into evidence in the meantime. It is customary in these proceedings for the police to turn up with a small army of lawyers, witnesses and observers, regardless of cost to the taxpaying public.

The well-informed might, quite rightly, muse as to why the chief constable did not take steps to compromise the Saeed claim, with its high potential for serious reputational and financial damage to the force. But it may well be that he was overruled by the Police and Crime Commissioner’s highly litigious chief executive, Fraser Sampson. A noted wastrel when public funds are in issue. His wider role also encompasses general counsel to the police, giving him overall control of the force’s legal department. Indeed, from personal experience, I can say that he regards the WYP Head of Legal Services with scarcely concealed disdain.

The PCC signs off all cheques for the police, of course, as part of his statutory remit. His office has not responded to a press enquiry on the subject of diversity and inclusion – and how they come to be facing the class, and scale, of allegations made by Sergeant Saeed.

Interest in the case is, undoubtedly, heightened when one takes into account the standing of Umer Saeed as a nationally known figure in Black and Muslim staff associations. He is Chair of the West Yorkshire Black Police Association, and General Secretary and a Cabinet Member of the National Black Police Association.

He is also a trained Police Federation representative and speaks four languages; Arabic, Punjabi, Slovak, Urdu. He joined the police service in June, 1999.

In February 2015, he received national prominence when he broke into the kitchen window of a burning house and saved the lives of a mother and two young children in Ireland Wood, Leeds. It was an outstanding act of bravery and Saeed had this to say of his heroism: “The smoke was acrid and I couldn’t breathe but I was focused on finding them and getting them out in one piece. It was quite a disorientating situation with the smoke alarm going off.”

His District Commander, Temporary Chief Superintendent Mabs Hussain, quite rightly commended the officer’s work: “PC Saeed clearly displayed the qualities of bravery and professionalism that we so often see from our officers and staff in situations where people are in danger.

“He could see this family needed immediate help and his training gave him the confidence to assess the situation and intervene to bring them to safety from a potentially life-threatening situation.”

Hussain has since moved onto Greater Manchester Police, in controversial circumstances (read more here), and a well placed source on his old patch tells me he has not sustained that support for his fellow BME officer over Saeed’s discrimination claims. This would surprise few close to the seat of the action at both GMP and WYP, as ‘top brass’ closing ranks at the first sign of trouble for them, either individually or as as a police force, is de rigeur. Indeed, Hussain has been reported recently as claiming that well-evidenced and highly publicised criticism of his present chief constable, Ian Hopkins, by some distance the worst in the country (read more here), constitutes ‘a hate campaign‘.

As a footnote, and by way of balance, it should be noted that, back in 2013, Umer Saeed also featured in the high profile Anthony Ramsden case, involving WYP and the thoroughly disgraced Independent Police Complaints Commission (IPCC), following an assault at Leeds United football ground in 2011. A widescale, dishonestly grounded  ‘cover-up’ by both the police force and watchdog was, eventually, exposed.

A High Court case that followed is now an oft-cited legal authority in police complaints cases. Saeed was one of six Police Support Unit (PSU) officers giving evidence whom the force, and the IPCC, claimed ALL corrobated one another. When disclosure was eventually wrested from WYP, not ONE single statement corroborated ANY other. The judgment (read in full here) did not reflect the full transcipt of the proceedings which, at very considerable expense, Mr Ramsden took the trouble to obtain. Another demonstration of the seemingly unwritten public policy of at least some of the local judiciary that demands every conceivable accommodation be granted to West Yorkshire Police when determining matters potentially adverse to the public’s confidence in them.

No criticism of PC Saeed (as he was then) should be inferred: Even though he was the only officer who admitted striking a member of the public, in the subject area outside the Elland Round ground, with his long baton, and, therefore, the one most likely to have hit Mr Ramsden, his witness statement was easily the most frank, and credible, of the six.

I declare a professional interest, having acted as police complaints advocate for Mr Ramsden, and being adjacent to the facts throughout. I also assisted in the placement of widespread local, regional and national media coverage of the case.

Over the past ten years there has been persistent, and often very damaging, publicity over the way West Yorkshire Police treats its black and minority ethnic (BME) officers and, on the evidence of some troubling civil court cases, members of the public of colour, too.

In May 2009, the Sunday Telegraph published an article following the leaking of a dossier that was highly critical of the force’s notorious Professional Standards Department and their discriminatory handling of complaints against BME’s. This followed a series of accusations from the officials at the local branches of the Police Federation and the National Black Police Association. The WYP talking head was Deputy Chief Constable, David Crompton, later to fall into repeated disgrace as chief constable at beleagured South Yorkshire Police (read more here). He denied there was a problem.

In March 2011, PC Kashif Ahmed had all ten charges against him dismissed by a judge at Bradford Crown Court after revelations about the seriously flawed way officers had investigated the case. HHJ Peter Benson, ruling in his favour to stay the prosecution, found that there was a “very significant irregularity and impropriety at the root of the investigation” and the whole process was “tarnished”.

Judge Benson described two police witnesses, Detective Sergeant Penny Morley and Detective Constable Karen Wade who gave evidence in court during Ahmed’s application to dismiss the case, as “evasive.” He went on to say that Morley, who opened a CD document containing privileged contact between Mr Ahmed and his solicitor, had not told the truth. It is beyond incredible that Morley remained a much-favoured officer in WYP’s Professional Standards Department until ‘retiring’ late last year. Her personal friendship with ACC Angela Williams, who has publicly described Morley as ‘wonderful’, enabled her to re-start at WYP as a civilian officer immediately after her warrant card was handed in. Obviously, on this evidence, being called a liar and rubbish at the job, by a circuit judge, is no handicap in the ranks of West Yorkshire Police.

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Kash Ahmed later issued a civil claim against the police alleging a “witch hunt” against him by the PSD officers, led by another disgraced officer, DCI Steve Bennett (read more here). Having to represent himself in court against the force solicitor, experienced counsel and a small army of officers giving evidence against him, his claim, perhaps understandably, only succeeded in part and he had a sizeable costs award ordered against him.

Dr Rashid, whose civil claim is referred to in the second paragraph of this article, is a highly respected professional, of Asian origin, who also claims, with considerable justification, that he was the subject of a “witch hunt” by WYP and that, in the particular circumstances of his case, if he had been a white, middle-class doctor he would not have been subjected to the same degrading, disproportionate, disgraceful treatment. His civil claim was dismissed after a extraordinarily one-sided hearing, but he was recently given permission to appeal the decision of Mr Recorder Nolan QC, by a High Court judge. The hearing of the appeal is presently listed for 13th February, 2020 in the High Court in Leeds.

Olivia Checa-Dover unsuccessfully sought to have me removed from the press seats during the Rashid hearing, questioning my accreditation and claiming (unspecified) inaccuracies in the reporting of the case (read in full here). The other two articles flowing from that ten day court hearing stand unchallenged. One exposes a prima facie case of conspiracy to pervert the course of justice by six WYP officers (read the damning details here). Miss Checa-Dover also objected, unsuccessfully, to my presence in the press seats at the hearing of the Kerry Perkins claim, telling opposing counsel that I had a “vendetta” against her. Yet another in an increasingly long line of ludicrous and unsubstantiated submissions. Unsurprisingly, that gained no traction, either. Miss Perkins has also robustly appealed the judgment of HHJ Neil Davey QC, whose decision did not appear to reflect what I heard from the press box. Indeed, one might say that Miss Checa-Dover might well have written it for him.

Dismissing the remaining parts of the Kashif Ahmed claim against the police, which had included negligence, false imprisonment and theft, HHJ Mark Gosnell said: “I fully accept that Mr Ahmed was convinced in his belief that he had been the victim of a witch hunt, but I consider the officers involved merely carried out their jobs to the best of their ability and were not motivated by any ulterior motive in dealing with the claimant.”

West Yorkshire Police then sought to bankrupt the promising young officer, who holds two law degrees and a diploma in policing. Ahmed now works in Bradford as a legal consultant. The genesis of the entire dispute between force and BME officer was over the use of a car parking space behind Millgarth Police Station, in central Leeds, to which DCI Bennett took exception. The same Bennett whom three years earlier had called a junior Asian officer into his office to verbally abuse him, including calling him a c**t, in an attempt to bully the constable into pulling back on an investigation.

That action was later to unravel in the conjoined Operations, Lamp and Redhill, into the ex PC Danny Major miscarriage of justice (read more here). An allegation has been made that Bennett perverted the course of justice in an attempt to protect PC Kevin Liston, arguably one of the worst officers to ever wear a police uniform (read more here) and the key witness against Major.

After the Ahmed and Danny Major ‘investigations’ (the term is used loosely), in which he was senior investigating officer, Bennett was rewarded with promotion to superintendent. I declare a further interest, insofar as I was the on-record complaints advocate for the Major family betwen 2012 and 2015.

A close working colleague of Bennett’s was Chief Superintendent Sarah Brown. In fact, from 2010 to 2011 she was head of WYP’s Professional Standards Department. I had significant dealings with her and found her unreliable and lacking in integrity. Like Bennett, she had also been city commander of Leeds, with its dreadful history of racism, in the earlier part of her career (read more here). Whilst in that role, and under her previous name and rank of Chief Inspector Sarah Sidney, she was at the forefront of a racial discrimination case involving Detective Sergeant Raham Khan that ultimately reached the House of Lords (the senior appellate court in those days) where a damages award to Sgt Khan, upheld in the Court of Appeal, was set aside by three Law Lords. The full judgment can be read here. Put plainly, Khan alleged that Sidney did not promote him on account of his skin colour. A matter she, of course, denied.

In March, 2011 a Bradford minority ethnic, Anwar Gillespie (whom I have met in his home), received substantial damages and an apology from WYP after the intervention of specialist police complaints lawyer, Iain Gould (read more here). Whilst racism was not alleged, Mr Gillespie told me at the time that he felt the colour of his skin was a factor in him being singled out for an unprovoked, unwarranted and brutal attack upon him, outside of his home and in front of his neighbours.

In June 2012, BBC Radio’s File on 4 reported on alleged widespread and serious racism within WYP. The least impressive of the six serving and former police officers interviewed on the programme was Temporary Chief Constable, John Parkinson. He did little, or nothing, to allay concerns. Of the six officers, past and present, interviewed by the BBC, Parkinson came across as the least impressive. Listen to the full broadcast here.

Karma was to visit Ajaz Hussain, who was the force solicitor (later promoted to Legal Services Director) who drove the Raham Khan case all the way to the Lords. In early 2012, there was a reshuffle of the top management in West Yorkshire Police and he lost his job. The roles of Legal Services Director and Force Solicitor (at that time carried out by Mike Percival) both disappeared. A new role was created and Percival was selected to fill it. Hussain then alleged racial discrimination against David Crompton and issued a claim form in the employment tribunal (read more here). The outcome of that claim has never been made public, but it did not pass without controversy and resulted in the suspension of Hussain’s ‘ACPO police friend’, Neil Rhodes, whom at the time was the chief constable of Lincolnshire Police (read more here) and had fallen foul of the duplicity of Fraser Sampson.

In 2013, two police whistleblowers opened up a can of worms into how certain aspects of vital police operations were badly run and lives put at risk by their superior officers within West Yorkshire Police. One of those was a minority ethnic. They were both then subjected to a series of detriments in what appeared to be a concerted campaign to humiliate and smear them. Because of the roles that the officers undertook, for at least parts of their careers, it is unwise to do any more than make reference to the tribunal appeal finding, available in the public domain, which forensically sets out the matters in issue (read more here). It does not make pretty reading for WYP.

In April, 2014 a Bradford woman of African descent, Oluwatoyin Azeez, was viciously assaulted by a police officer who had unlawfully entered her home on the pretext of checking on her lodger. The force went to the most extraordinary, and sustained, lengths to cover up for the perpetrator, who falsely alleged that he had been asaulted by Ms Azeez. That miscreant officer, instead of being drummed out of the force, didn’t even face a misconduct meeting, let alone a criminal court. But, once more, the intervention of solicitor, Iain Gould, was pivotal. At the end of a bitterly fought three year legal battle – again irregardless of the cost to the public purse – Ms Azeez finally received a substantial damages payment and, much more crucially to her, an apology (read the full harrowing story here).

In April 2016, the incumbent chief constable, Dionne Collins, appointed an Asian police constable as the force’s Positive Action Co-Ordinator. The following month Amjad Ditta, a trained firearms officer, was alongside her giving evidence at the Home Affairs Parliamentary Select Committee.

Following publication of the Committee’s Inquiry Report, which called for “urgent and radical” action, Collins acknowledged more needed be done to increase diversity and inclusion among the workforce and said she was determined that the organisation should be more representative of its communities.

“We are currently recruiting police officers for the first time in five years and this gives us an excellent opportunity to increase our workforce not just by people from black and minority ethnic communities, but from all diverse groups, such as people who are lesbian, gay or bisexual.

“The police service has been in the media headlines a lot recently, often for negative reasons. My challenge to people who may be put off by that is, come and find out what West Yorkshire Police is about in 2016. A career with West Yorkshire Police offers genuinely exciting opportunities, but we can only properly serve all our communities by building a truly representative Force and I am determined to do that.”

West Yorkshire Police and Crime Commissioner Mark Burns-Williamson added: “I have worked with the Temporary Chief Constable (Ms Collins) to ensure we are doing all we can to ensure communities are aware of my commitment to equality and diversity within the organisation and in the police service”.

Whilst Collins and Burns-Williamson were shamelessly uttering these shallow words, before MP’s and the television cameras, they were jointly, ludicrously and very cynically, frustrating the civil claim of Oluwatoyin Azeez. In reality, and grounded in hard evidence, what West Yorkshire Police is about is lying and covering-up – and the commitment to equality and diversity is an expensive box-ticking sham.

Eighteen months after his televised appearance in Parliament, PC Ditta disappeared without trace. With both the force press office and the chief constable refusing to answer my questions regarding his whereabouts or his reason for the removal both from his diversity role and other front line duties. He dramatically re-appeared, over two years later, at Bradford Magistrates Court charged with sexual touching. Supported by his staff association, he is expected to plead not guilty at a plea and trial preparation hearing at the city’s Crown Court on 20th January, 2020. He now answers to the name of Amjad Hussain.

In December, 2017 another race and religious discrimination claim against West Yorkshire Police was compromised on the second day of the final hearing. It is assumed that a confidentiality clause was part of the settlement. No others details are available at present, but enquiries are ongoing. Again, this is on the watch of Dionne Collins: On the one hand preaching diversity and inclusion, on the other officers having to go to court as the force continues to discriminate against them.

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At least two other WYP BME officers appeared Tribunal with racial discrimination claims during this period. Both were, regrettably, unrepresented and had their claims dismissed. One was yet another Collins favourite, PC Tayyaba Afzal, having designed the force’s specialist niqab headwear for Muslim female officers. The other was an applicant for a role as a Driver Trainer.

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PC Amjad Ditta (now known as Hussain) and PC Tayyaba Afzal pictured together in Bradford in 2017.

Dionne Collins was approached for comment. She did not even have the courtesy to acknowledge the communication.

In September, 2018, another case involving a BME officer surfaced as an exclusive on this website, later picked up from here by the national press. The officer concerned, C/Supt Tyron Joyce, was also another favourite of the now retired Collins. Joyce was peremptorily removed from his post as Chief Operating Officer at the National Police Air Service, which shares headquarters in Wakefield with West Yorkshire Police, amidst bullying claims. The complaints investigation into the allegations against Joyce was, unsurprisingly given the incompetents that populate the force’s Professional Standards Department, described as ‘a cack-handed debacle’. He also told a junior colleague at the time: “I’ve been in trouble before with PSD. They tried to do my legs, so I have to be careful what I say to staff” (read more here).

Joyce does, however, always have a trump card to play: In 2013, after the present chief constable, John Robins, (at the time an assistant chief constable) had recommended him for the Police National Accreditation Course (PNAC) it was said by Robins to Tyron Joyce; “You are now my tick in the diversity box“. That may explain why, at the end of the disciplinary process, Joyce was handed the plum chief supers role within WYP: Commander – Operational Support based at, and in charge of, the entire Carr Gate Complex on the outskirts of Wakefield.

I will be reporting from the opening of the Umer Saeed hearing. It promises to be an interesting case: A retired and highly decorated WYP officer told me recently that, whatever the outcome of the tribunal proceedings, the force may well be set back at least a decade in terms of BME recruitment as a result of the adverse publicity the case will attract. As a well-connected person of Asian origin, and one who has defeated WYP in court several times, it is taken as read that he knows exactly what he is talking about.

Finally, it should be remembered that the ‘mother’ of all tribunal claims is a West Yorkshire Police case. Angela Vento, a probationer BME officer, took her force to tribunal following serious discrimination against her in the late 1990’s. Her claim form pleaded racial and sexual discrimination, but the former allegation was dismissed at an early stage by the tribunal.

Eventually the Court of Appeal ruled on the matter and the framework for tribunal awards – and the scales of damages accounting for different levels of detriment – is still in use today. Albeit, the figures have been adjusted upwards to reflect inflation. For the legal nerds amongst my readers they may wish to check out the full CoA judgment (read here).

Page last updated at 1320hrs on Friday 15th January, 2020

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Photo credit: Asian Express

© Neil Wilby 2015-2020. 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.

 

The case of Stefan Kiszko and a police force enamoured by its own sense of invincibility

This is a piece I first wrote for the uPSD website three years ago (2013). 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:

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On the gravestone that marks the burial place of Charlotte Hedwig Kiszko, and her son Stefan (pictured above), the inscription is carved on 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  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 after he was fitted up by the police force that faetures centrally in this shocking story.

Stefan Ivan Kiszko was convicted, after a diabolical West Yorkshire Police investigation, of the murder of a frail, 11-year-old Rochdale girl, Lesley Molseed, in 1975. She had been brutally stabbed to death on Rishworth Moor, close to the Lancashire-Yorkshire border. The killer had ejaculated on her underclothes.

The murder probe, and subsequent persistently unlawful, and relentless, three day interrogation of Kiszko, was led by Detective Sergeant John Akeroyd and, later, 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. In spite of almost every one of the Judges’ Rules, governing detention and police interviews, at the time, having been broken by the police.

Holland and Dibb were later charged with perverting the course of justice, but the trial was halted after Dibb passed away in 1995. An application for a stay, on the grounds of abuse of process, was allowed by the stipendiary magistrate in Rochdale, Jane Hayward. She said that a fair trial was not possible without hearing oral evidence from the deceased Dibb. Passage of time and non-availability of other witnesses were also factors weighing in the balance.

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. He retracted the confession almost immediately. Stefan had attended Rochdale police station voluntarily, and had, in fact, driven himself there in the bronze coloured Hillman Avenger that was his pride and joy. He was not arrested until his third day in custody.

That came two days after his first contact with Holland, who is alleged to have said, without preamble, to an immature, frightened, unwell man:     “I’ll get the fucking truth out of you, one way or another”, whilst assaulting him.

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 was wrongly convicted of the M62 IRA coach bomb murders, after a similarly brutalising WYP 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”. The quashing of both those convictions, by the appeal court, came less than five years later.

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 the highly experienced ‘red’ 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 just a few months later.

Charlotte had buried her husband, the giant Ukrainian-born Iwan Kiszko, in a Halifax cemetery after he dropped dead at Stefan’s feet, in 1970, following a heart attack in the street near their home in Rochdale. His parents had met in migrant accommodation in 1951, married a year later and were a devoted, happy couple. Iwan, a road construction worker had helped build the M62 trans-Pennine motorway that swept past the spot at which Lesley Molseed’s body was foun d near Windy Hill.

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. He also suffered from hypergonadism and was acutely anaemic. As a child he had suffered badly with asthma.

One of Stefan’s “behavioural abnormalities” was jotting down the registration numbers of a car if he had been annoyed by the driver. This trait 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 on the Oldham – Halifax A672 road on that fateful Sunday. A red Renault 16TL with the mark, ADK539L.

It was argued by the prosecution, at the murder trial, that only someone at the scene could have known the number of this car. A submission that was later to be proved wholly unlikely, by even the simplest of investigations. It was a car first registered in Rochdale, and owned by a couple in the town for the first two years of its life. It was even known to have been parked in the car park near the Inland Revenue offices where Stefan worked. One of a number of simple tasks that, regrettably, Rochdale solicitor Albert Wright, the senior partner in the town’s oldest firm of solicitors, and instructed counsel also failed to undertake.

Also, as a symptom of his medical conditions, Stefan Kiszko would have been physically incapable of producing the the type of sperm that covered Lesley’s knickers, which was a cornerstone of the prosecution case. A crucial fact that was never disclosed to either the court, or more particularly, his defence team, at the time of the trial. Another incapacity, a surgical pin in a recently, and badly, broken ankle, would have prevented Stefan carrying, or dragging, Lesley up a steep forty foot ascent, away from the main road to the killing ground. Wright, and the defence team, never made submissions to the court in this regard.

Apart from these evidential and investigative failings, Stefan Kiszko’s defence team, led by David Waddington QC, made a number of significant tactical mistakes at trial. Grounded in the belief, it seems, that the jury would find Stefan guilty of the murder.

Firstly, they did not seek an adjournment when the Crown delivered over 6,000 witness statements, as part of the unused material, on the first morning of the trial. These had lain, untouched, in an office attached to the Director of Public Prosecutions for weeks before the trial. Included in those statements were those of Chistopher Coverdale and Maurice Helm, both of which would have seriously undermined the prosecution’s claims. Coverdale had seen a man and a girl, at the lay-by on the A672 beneath the murder scene, on the Sunday afternoon. The man described bore no resemblance at all to the the accused, the description of the girl, and what she was wearing, was uncannily close to Lesley. Helm was a local milkman who admitted inadvertly exposing himself to two young girls when taking an emergency ‘leak’ on the Friday before the murder. Much was made of this ‘crime’ being committed by Stefan Kiszko at the crown court, in what was perversely described as ‘similar fact evidence’ to a brutal murder. Had Coverdale and Helm been brought to court as witnesses the trial would have been, effectively, over.

Secondly, Waddington never challenged the admissibility of the Kiszko cofession or the lurid similar fact evidence of alleged indecent exposure offences. In his summing up, the judge gave a clear direction to the jury that the latter bore no relevance to the murder. It follows, therefore, that an application to exclude it would have succeeded

Thirdly, in court, Waddington maintained the risky, inconsistent, and parallel, defence of diminished responsibility, which the Kiszko family had never authorised. The lawyer contends that they did. Stefan was adamant that he had never seen nor touched Lesley Molseed and they were his instructions to Mr Wright and instucted counsel. In effect, Waddington was putting to the jury an admission of guilt to murder but a plea for them to return a manslaughter verdict running alongside an alibi defence to the murder.

Waddington went on to become Margaret Thatcher‘s last Home Secretary, on the very day that Stefan’s second, and ultimately successful, appeal was filed with the Home Office – and now sits as a cross-bencher in the House of Lords as Baron Waddington.

Albert Wright had, in fact, initially instructed George Carman QC, the best criminal defence barrister of his day. He was, however, detained elsewhere when the Kiszko trial started on 7th July, 1976. It is not difficult to believe that the trial would have had a very different shape, and outcome, had Carman retained the brief.

In February 1992, at the time of the quashing of Stefan’s conviction, Charlotte Kiszko said that it was David Waddington who ought to be “strung up” for his pro-capital punishment views and for the way he had handled her son’s defence at the 1976 trial. On any independent view, it was shocking – and Waddington was not helped by a judge who also appeared, in a one-sided summing up, to take the view that Kiszko was guilty.

Prosecuting counsel, Peter Taylor QC, later became Lord Chief Justice and, in another quirk of fate attained that high office one day after Stefan’s conviction was finally quashed. He maintained, at the time, that the police had withheld the crucial scientific evidence from the prosecution, as well as the defence, at the fateful trial. A proposition that now seems highly likely.

As Lord Chief Justice, and, by then, Sir Peter Taylor, he became increasingly aware of miscarriages of justice and gave due attention to appeals against conviction. He was also responsible for many liberal innovations in the English criminal and civil justice systems and gave strong support to the full disclosure of police and prosecution evidence. Still a controversial topic almost 30 years later.

Taylor is, of course, is now eternally (and now posthumously) famous as the legal luminary leading the Departmental Inquiry into the Hillsborough Disaster, just over 4 weeks after the football stadium tragedy which cost 96 lives at the Sheffield Wednesday football stadium, in April, 1989 .

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’. He suffered a number of assaults during the first five years of incarceration but, after striking back at his assailaint on the fifth occasion he was attacked, the beatings ceased.

Stefan’s mother launched an appeal, but it was dismissed on 25th May 1978, when Lord Justice Bridge, sitting with Mr Justice Wien and Mr Justice Eastham, said, curtly: “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”. Lord Justice Bridge is, probably, best known as presiding judge in the infamous Birmingham Six trial, especially his closing remarks where he expressed regret at being able to pass a sentence that would see those convicted, hanged.

Stefan had insisted that Waddington and Clegg represent him at appeal. The former should, arguably, have returned the brief as he was compromised by the grounds of that appeal.

Charlotte Kiszko, ably aided by her elder sister, Alfreda Tosić (Stefan’s beloved Aunt ‘Freda), never gave up the fight to clear her son’s name, despite being roundly ignored, and then airily dismissed, by many politicians, including her own MP, the now notorious Cyril Smith, together with successive Prime Ministers James Callaghan and Margaret Thatcher and their secretaries of state, and by a legal system designed to stonewall justice campaigners. Thatcher’s role in the police cover-ups 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 and would hear no criticism of the police.

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.

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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 and later a highly respected circuit judge) 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 the Home Office a further sixteen months to refer the matter back to West Yorkshire Police for re-investigation. Detective Superintendent Trevor Wilkinson was asked by his chief constable, Peter Nobes, to look at the investigation afresh. He 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 had 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. The Crown were represented by Franz Muller QC and William Boyce . The inimitable Stephen Sedley QC and Jim Gregory were defence counsel, who asserted Kiszko was innocent. Gregory had taken over from Clegg when the latter took up his judicial appointment. However, Muller and Boyce did not put up any counter argument after hearing the new evidence, and immediately accepted its provenance.

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 BuckleyPamela HindDebbie Brown and Catherine Burke, whose perjured evidence helped convict Kiszko, 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. Stefan did, however, receive a letter from Sir Hugh Park, the trial judge, expressing his profound regret over what had happened, but maintained that his conduct of the trial was above criticism. A view not shared by a number of legal commentators.

Anthony Beaumont-Dark, a Conservative MP said, “This must be the worst miscarriage of justice of all time” and, like many others, demanded a full, independent and wide ranging inquiry into the conviction.

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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 found by the jury to have lured Lesley into his taxi before sexually assaulting her, stabbing her 12 times and leaving her for dead high up on the moors.

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. “I didn’t do it” he shouted out, as he was led down the steps to the cells beneath the dock.

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.

One of the grounds appears to be that, at the Castree trial, it was said that Lesley’s knickers had been pulled down whilst he masturbated and then returned to their normal position.  Which, apparently, explains the presence of Castree’s DNA inside the knickers, but this movement of the little girl’s underwear had never been part of any evidence advanced by the police or prosecutors previously.

Another ground mentioned by those campaigning for Castree concerns the provenance of the DNA sample and the fact that no counterpart sample was provided to the defence team for independent checking.

Castree’s appeal against conviction and sentence was dismissed by the Court of Appeal, Criminal Division, although the judgment appears to have gone unreported on BAILII.

Whilst writing to his eldest natural son, Nick Castree, in October 2013, seeking reconciliation and inviting a prison visit, Castree said that it had taken six years for the case file, containing only the used materials at trial, to be disclosed to him (read here). The schedule of unused material (MG6c) was still absent.

In 1997, a book written by Jonathan Rose, now a judge based at Bradford Crown Court, journalist Steve Panter and retired WYP detective, Trevor Wilkinson named Raymond Hewlett as the likely murderer of Lesley Molseed. In a highly forensic account, it provides significant background detail and witness statements. The book also identified a previously unknown link between Hewlett’s family and friends of the Molseed family.

In 2002, when Detective Chief Superintendent Max McLean was leading the new investigation into the Molseed murder, he reported that he was confident he would find Raymond Hewlett, who remained the prime suspect.

Hewlett was a drifter, at the time busking his way across the sunnier spots of Europe and North Africa. He was later captured and interviewed by police over the Molseed murder but released after a no reply interview through lack of evidence.

In 2009, Hewlett was, it is said, still being investigated by Max McLean, who travelled to Aachen in Germany to see him, over an attack almost 35 years previously: “West Yorkshire Police are also investigating his possible involvement with an indecent assault in 1975.”

As Castree continues to proclaim his innocence, it should be borne in mind that his defence counsel Rodney Jameson QC told Bradford Crown Court that there was “an overwhelming possibility” that the man who sexually assaulted Lesley and stabbed her 12 times was Hewlett. There is controversy over the proposition advanced by some of Castree’s campaigners that his DNA was planted by police on the piece of tape used to convict him. Lesley’s clothing had been destroyed by the Forensic Science Services in 1985. Extraordinary, particularly when one considers the vociferous, and persistent, campaign mounted by Stefan’s mother and aunt over his wrongful conviction.

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.

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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