Don Hale - Murder in the Graveyard

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‘An Extraordinary story of innocence and persecution, determination and grit … it had me rattling through the pages’ SOPHIE DRAPERA gripping true crime investigation into the longest miscarriage of justice in British legal history.In September 1973, Stephen Downing was convicted and indefinitely sentenced for the murder of Wendy Sewell, a young legal secretary in the town of Bakewell in the Peak District. Wendy was attacked in broad daylight in Bakewell Cemetery. Stephen Downing, the 17-year-old groundskeeper with learning difficulties and a reading age of 11, was the primary suspect. He was immediately arrested, questioned for nine hours, without a solicitor present, and pressured into signing a confession full of words he did not understand.21 years later, local newspaper editor Don Hale was thrust into the case. Determined to take it to appeal, as he investigated the details, he found himself inextricably linked to the narrative. He faced obstacles at every turn, and suffered several attempts on his life. All of this merely strengthened his resolve: why should anyone threaten him if Downing had committed the crime?In 2002, Stephen Downing was finally acquitted, having served 27 years in prison.Immerse yourself in this masterful account of Hale’s long, dedicated and often dangerous campaign to rescue a long-forgotten victim of the British legal system; the longest miscarriage of justice in British history.The typewritten letters in this ebook are set in a sans-serif font to make it easier to distinguish between the different types of content in the book. It may not be possible to change the font for these pieces of text.

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CHAPTER 6

Stephen’s Version

I was about to visit a couple of potential witnesses when Stephen’s personal account of events arrived. He also included a hand-drawn diagram of the cemetery layout, which roughly matched the one I’d made myself when I’d visited his parents. Stephen explained:

The cemetery always seemed empty even when there were other people milling about – although I felt particularly isolated when I was alone. The creaking of the huge timbers in the roof structure of the unconsecrated chapel gave the place an eerie feeling, as if you were never quite alone.

It was September and, while the day was warm enough to work without a jacket, the chapel had a chillness that cut to the bone. I wasted no time in getting a fire going with the hope I could push back the blanket of cold – at least enough to be able to enjoy my break.

I then collected the tools I needed. I don’t have any recollection of any unusual visitors to the cemetery during the morning before my break, although I do recall one lady who regularly walked her dog in there. More often than not I would see her in the afternoon, but on that day she came in the morning. I never got to know her name but, as was customary, she stopped by me and we chatted briefly.

She asked me where I had been for the past two days, as she had not seen me, and I told her that I’d been off with a cold. She told me to keep warm and I informed her that I had a fire going in the unconsecrated chapel.

I remember the lady quite clearly, as it was the first time I had seen her wearing a salmon-pink wool topcoat. I think I may have commented on how nice it looked and that it went well with her blonde hair. I recall her saying it was a new one, as she normally wore a beige coat. She went on her way and I returned to work.

This particular section from Stephen struck a chord with me. His very accurate recollection and description of a meeting with this woman may indeed have been mentioned to his defence team – although I could find no trace of it. The evidence from this witness could have been used at trial to establish his state of mind less than an hour before the frenzied attack on Wendy Sewell – and at the very same location.

It seems, however, that no effort was ever made to try to trace her, or indeed that she was even considered for questioning. It could be argued that she too was a similar vulnerable female, so why didn’t he attack her?

Her knowledge that Stephen had been absent due to sickness for the previous two days, and the fact the attack happened on that Wednesday, his first day back at work, could again have helped clarify and substantiate other additional claims from key witnesses. Stephen’s testimony continued:

I heard the clock strike noon and I stopped clipping grass and took out the pocket watch I had borrowed from my father.

I gathered my tools and returned to the unconsecrated chapel where I had my lunch and a cup of coffee. I followed this with a cigarette and reluctantly pulled myself away from the fire’s inviting warmth to tinker with an old Allen mower. I took out my father’s pocket watch again and saw that it was about 12.55 p.m.

I then lit another cigarette and went to smoke it standing by the steps to the right of the unconsecrated chapel. I noticed a woman walking up the path towards the junior school. I had never seen her before, so I continued to watch her until she went behind the hedge surrounding the Garden of Remembrance.

There had been some damage caused to some of the graves, nothing too serious, just childish vandalism, so I was asked to look out for any such behaviour. By the time she passed behind the hedge I had finished my cigarette and, realising she would not be the kind of person to do any damage, I went back inside the chapel where I stoked up the fire.

I then put on my jacket and picked up my lemonade bottle with the hope of getting to the shops before they closed for lunch.

By the time I left the unconsecrated chapel it would be about 1.05. The shop I was heading for normally closed at 1 p.m., but had on occasions been known to stay open for a few minutes longer if they had customers in already being served.

As I walked along the main drive I soon noticed that the woman, who I later learnt was Wendy Sewell, was walking along the bottom footpath that runs alongside Catcliff Wood. She was a little way ahead of me and seemed to be in no rush.

She appeared to be looking from side to side at the inscriptions on the headstones. I estimate that it would have taken around two to three minutes to cover the length of the path, with the woman disappearing behind the consecrated chapel moments before I drew level with the building. As I went past she did not continue on her journey and I naturally assumed that she had turned around to retrace her steps. I didn’t turn around to look.

When I came level with the lodge I saw Wilf Walker and his wife at the door. I don’t think his wife acknowledged me, but Wilf and I nodded to each other. I turned left outside the gates and passed Peter Moran crossing the road on his way back to work.

We both said hello to each other without stopping. As I got nearer to the shop I passed Charlie Carman, also on his way back to work. We both greeted each other and again neither of us stopped. Moments later, I realised the shop had already closed so I went home.

I would later come to learn that Stephen had received a good education in prison and took several exams to improve his English and writing skills, so he was a far cry from the boy with a reading age of 11 when he first went to prison. As I studied his personal account, something struck me as very odd. I thought Charlie Carman, a trial witness, could perhaps have helped Stephen establish his alibi, yet he was only called as a prosecution witness due to his sighting of Wendy Sewell. And he only gave written evidence for the prosecution. It was only ever said in court that Stephen saw Moran, not Carman. I found it strange that Carman had not been called or even cross-examined by Stephen’s defence team.

I continued reading.

Upon arrival I went to unlock the door and my mother called to me to say the door wasn’t locked. I went in via the back door where my mother greeted me. She was in the process of making herself a cup of coffee and explained that she had not long arrived home.

I asked if she would buy me a bottle of lemonade when the shop reopened. My mother said she would. I then counted out the money – minus the allowance on the returned bottle. She asked if I would like the bottle of lemonade bringing down to the churchyard and I said something along the lines that it would be all right either way, as I could always take it with me the next day. I then asked her if she had fed my baby hedgehogs, as that was one of the main reasons I had gone back home. She said she had.

A couple more minutes passed and then I said I had better be getting back. My mother offered to make a cup of coffee, but I refused. I never liked to be away for too long in case anyone checked up on me and I had to explain the reason for my absence, as I had perhaps spent about five minutes or so with my mother before leaving and making my way back to the cemetery by the same route.

As I entered the main gates of the cemetery, I noticed that Wilf and his wife had gone into the lodge and closed the door. After going a little further, I took my jacket off and carried it over my shoulder. It wasn’t until I was passing some of the first graves that something caught my eye, so I looked to my left. It took a few seconds to realise that it was someone lying on the bottom path, so I walked over. It was impossible to see the blood from the main drive or any of the external signs of injury.

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