A TRAVESTY OF JUSTICE

by Christine Hurst

On the 25th May 2000, my son, Troy Hurst, was stabbed to death by a neighbour in a pre-meditated killing. I have spent almost 9 years fighting the system, which, in every way, has spectacularly failed our family, and caused us untold grief.

MISCONDUCT BY THE METROPOLITAN POLICE

Albert Reid was well known to the police, and had committed dozens of violent offences against neighbours, shopkeepers, a child, postmen and others. The offences were listed on "Crimint", one of the Police computers. Words such as "violent" "mental" "drugs" were flashed up. However, the police computers were not synchronised, so incidents were not linked. Reid had previously been imprisoned for harassing an elderly neighbour, attacking her son, and stabbing my son's father, Tony Hurst, in the hand. The Police attempted to have Troy's killer sectioned, but Barnet and Chase Farm Hospital Trust refused, without sight of his previous history. Barnet Council failed to evict Reid, but I think they should have moved my son, who had requested a transfer because harassment by Reid on the Strode Close Estate, London, N10. However, the liaison between the authorities involved was most unsatisfactory. Reid had displayed violent behaviour at an eviction hearing on the morning of the murder, when he should have been given an eviction order. The judge ruled that Reid must have a police guard at future hearings. On the evening of the murder, the Police were called to my son's flat because Reid was kicking the door. They told him to go away and not to return to the flat. The Police ostensibly searched Reid's flat but missed a knife in the bedroom. Troy's father made four calls to the Police that night, although they continue to insist it was three calls. A subsequent “Freedom of Information” request revealed that four calls had been made. Outside the flat, that Tony Hurst shared with his son, a police car containing four policemen waited. Tony reiterated to them how worried he was, and requested that they watch him as he walked down the road. He returned home later, and waited for Troy to return. When he did, Reid, who was wearing no shirt, despite it being a very cold night, ambushed him. Reid went round to the back entrance to the flats and rushed through. He stabbed Troy in six strategic places, some of the wounds being 14cms deep. He then attempted to drag Troy's body to his flat a few yards away, no doubt to make it appear that Troy had attacked him. Reid left traces of blood on the door frame. This fact, and others, was not mentioned at the subsequent trial. After the murder, he returned home, put on a shirt, and contacted the Police, saying a fight had taken place. The Police were at the scene within minutes, so they were obviously in the vicinity. My son lost his life unnecessarily, because of negligence by the Metropolitan Police, Barnet Council Housing Department; and Barnet and Chase Farm Mental Health Trust. They all then proceeded to justify their lack of action. Why did these people not admit that they were culpable and apologise?

BARNET COUNCIL

They should have acted on complaints from Troy and other residents about Reid. Problems had started about 18 months before my son's murder. They should have moved Reid away from the area. I wrote a letter to the Council, as Troy was too ill to do it. This they mislaid for several weeks. Medical certificates were also sent, but still no action was taken. At the very least, Troy should have been given a personal alarm, and an intercom fitted to the front door of the block of flats. After the murder the Council were extremely defensive and made excuses that they were not at fault. They re-iterated that the only person to blame for Troy's death was Reid. The Council held a meeting with the Police, but my request to attend was refused. I am assured that liaison between authorities is now in place, why was it not before my son was killed?

BARNET AND CHASE FARM HOSPITAL MENTAL HEALTH TRUST

The Trust was asked by the Metropolitan Police to section Reid. They refused, despite his record of assaults on people, and pronounced him as "not suffering from a mental illness". The Crisis Team made this incorrect decision without the benefit of his past history, and obviously they did not access it at any time before the murder. This incorrect diagnosis had profound negative implications for us, because Reid should have been incarcerated before he could murder Troy. In my correspondence with the Trust, they wrote that they had no knowledge of Reid. However, when my then MP wrote to them after the trial they admitted that serious errors had been made. The Trust wrote "There is guidance from the NHS Executive that in cases of homicide by someone suffering from a mental illness, there should be an Independent Enquiry". Apparently a formal enquiry was held by the Health Authority and Barnet Council, but again I was not allowed to attend. The enquiry found that recordings of the Team's visit to Reid were less than adequate. Information available had not been shared by the relevant authorities. They further noted that "Agencies might be viewed as sharing in the responsibility for Troy's murder". The fact that Reid was not deemed to be mentally ill had serious consequences in that the Hospital Trust would be able to escape giving evidence at any future inquest, which ensured that their misconduct was not exposed. I remain convinced that the three psychiatrists who assessed Reid and pronounced him "fit to plead" did so without the benefit of his violent history. If the correct diagnosis had been made, i.e. "diminished responsibility", we would have been spared the appalling trial that we had to endure.

THE TRIAL

Our trial had to wait 14 months for a trial. During this time Reid was assessed at Rampton Mental Hospital. A majority of psychiatrists found him "fit to plead" He observed the "right to silence" throughout the trial. The injustice of the trial affected me profoundly, and always will. I wanted to die when I heard my son vilified, and lies told. I firmly believe the Metropolitan Police, and the other authorities involved, were desperate to stop their negligence being exposed. There is no doubt in my mind that this trial was definitely perverted. Murder was not nearly as common then as it is now, and those involved in the cover up wanted to avoid a murder verdict at all costs. In 2000, the year Troy died, killers served two thirds of their sentence; now it is half. Prosecutor Timothy Langdale QC, a silk since 1979, was almost useless, and hardly questioned the untrue assertions made by the defence QC; the brilliant "Rottweiler" Nigel Rumfitt, who had a field day. This situation is not uncommon; I am informed by others who have suffered the same fate. Rumfitt also played the "race card". Witnesses who had made statements regarding Reid's violence were not called to give evidence, although they had been told they would. The untrue statement of a convicted paedophile was used, but he was not present to be questioned. As the trial unfolded, I became desperately worried and sought advice from an investigating officer D.S. Couch, who informed me that 19 positive statements in Troy's favour were to be read out, but they were not. The evidence of Troy's father, who was still unwell after witnessing his son's murder, was torn apart.  Why are witnesses not forewarned of the vicious hectoring they are likely to suffer after witnessing the murder of their loved one? Representatives from Barnet Council attended the trial minus their file, but Judge Paget allowed the trial to continue without it. Why was the Hospital Trust not called? They must bear some responsibility for Troy's death. I was devastated, and felt as though my life had been utterly invalidated when the pre-meditated murder verdict I was expecting was reduced to manslaughter. A sentence of 10 years was imposed, when Reid should have at least got life. Every day of the 8 day trial, which included sentencing (despite me being informed that it would last 3 weeks) I observed that one member of the jury continually looked up at the public gallery where l was seated. I could not understand why, because no other member glanced up at all. However, on the last day my younger son was present. He informed me that he had previously taken tranquillisers. He clutched his throat because he felt sick, when suddenly this man stood up - I am convinced that he was the jury foreman - pointed to the gallery and said "that man made a death threat to the witness on the stand". I was stunned - we were flanked by Police FLO's and other court personnel - how could this possibly happen? This was a Friday, and my son was put in prison for the weekend. On Monday morning he appeared before the Judge, who told my son he could go. No enquiry was held, how could this be right?

P.S.

A few years later, I learned by chance that Reid, whilst incarcerated, had held a prison warder hostage with a knife made from a toothbrush handle and a razor blade. I attended court, having ensured that the Judge received a full resume of Reid's former crimes. After my past experience, I did not trust the system, which was, and still is, chaotic. The Judge described Reid as "a violent, dangerous man" and ordered him to serve 4 years to run concurrently with the 8 years he received for Troy's murder. He served this, was recently paroled for Troy's murder, and was sent to a mental hospital for the foreseeable future. I had continuously made representations to ensure this would be the outcome. What a tragedy that this was not done before he could murder my son.

THE APPEAL

The murderer appealed his 10 year sentence, and, as is the norm, it was reduced to 8 years, much to my disgust. However, my solicitor and barrister later discovered that a mistake had been made by the judges; incorrect criteria had been used in order to justify a reduction in sentence! To add insult to injury, there was no action I could take to ensure that this error was corrected. Unbelievably, no mechanism to correct errors made in such circumstances exists. My concern is that others must also have suffered, often unknowingly, from errors made by the judiciary.

THE CROWN PROSECUTION SERVICE

I cannot understand why vital information was not presented at the trial, other than the desire to pervert it. Possibly a "plea bargain” was agreed to cover up the disgraceful behaviour of the authorities. Why were crucial witnesses not called? Why were the 19 positive statements regarding my son not mentioned? After that travesty of justice, the trial, I desperately needed answers. I contacted the CPS on several occasions throughout the next few years, hoping to arrange a meeting to discuss my concerns. David Levy, the then head of the CPS, was a master of obfuscation. However, he agreed to write to the Metropolitan Police re my concerns. I was not informed re any reply, so l assumed there was none that I was allowed to see. I wrote continuously to the CPS from 2001-7, and have a 2 inch thick file of correspondence. Despite this, I have received no satisfactory replies. After several requests, I finally met with Ken MacDonald, then head of the CPS. It had taken me until 2007 to achieve this. He listened to my complaints, but decided he could take no action.

MY FIGHT FOR JUSTICE

I was determined that I would fight the terrible injustice that had been heaped upon my family. I was shocked that what I had previously perceived to be a fair country was utterly corrupt. The ordinary, decent person counts for absolutely nothing, while the so called establishment get away with everything. The incompetence of all of the authorities involved was mind boggling!  I just could not believe it! Errors appeared to be commonplace. I joined a group which had been set up by other people who had experienced similar injustices. They comforted and advised me. My fury was channelled into helping others, and gradually I felt stronger. I engaged a solicitor who decided that I needed to get the inquest into Troy's death reopened, using Article 2 of the Human Rights Act ''the right to life”. My family needed to discover the truth about that fatal day and its aftermath. I could never have imagined what I was about to suffer. A series of cover-ups by all of the authorities involved ensued. Naively I thought that matters would progress but I was ion for yet another shock.

THE CORONER

Dr. William Dolman was the coroner for the Outer London North Area where my son died. He refused to re-open the inquest, so in 2002 I was forced to obtain a Judicial Review ordering that he do so. I was successful and assumed, incorrectly as it turned out, that this would happen. Dolman again refused, his reasoning being that the issues I had raised were dealt with at the criminal trial. This was untrue. I was forced to go to the High Court, where I was again victorious. Meanwhile Dolman approached other coroners, and the case was "tainted". Finally, a coroner who agreed to re-open the inquest was found. Unfortunately, he then declined to accept jurisdiction because of an adverse judgement by the House of Lords regarding a similar case. Stalemate ensued, during which much time was wasted. The Department of Constitutional Affairs was then asked to appoint a coroner. At a meeting with Harriet Harman, the then relevant Minister, I stated that I thought that coroners were above the law. To my surprise she agreed that they were! Yet another coroner had agreed to take on the inquest, and a date for a pre-inquest review was finally set for March 2005. To my disgust, the Metropolitan Police were then allowed to appeal against the inquest to the House of Lords in January 2008. This, despite being 20 months out of time, was granted the very next day! The Attorney General, then Lord Goldsmith, spoke in the House of Lords against the appeal. He stated that "this appeal cannot be allowed because the floodgates for other cases would be opened”. Never mind the floodgates, where was justice? According to my solicitor, there were very few cases that his assertion could be applied to. The members of the Lords voted 3-2 against my appeal, despite the fact that my quest for justice had seen me appear before a total of 13 judges, 10 having found in my favour. My case now languishes in the European Court of Human Rights, which will take 3-5 years to reach a decision. I am reliably informed that, far from being a bastion of justice, the Court apparently “catches a few stragglers”. Not much hope there then!!  My faith in British justice is utterly destroyed, and I feel betrayed. Ordinary people will rarely, if ever, succeed against the Establishment, which is often corrupt. One section of it will never criticize or expose another, thus the Police and other authorities cannot be exposed. The problem lies in that there is no one above the Establishment to ensure that they play by the rules that others more lowly have to abide by.

THE PCA AND THE IPCC

My solicitor referred the case to the Police Complaints Authority (which later became the Independent Police Complaints Commission) in 2OO2. Yet another battle ensued in my fight for justice, with the Metropolitan Police again refusing to co-operate, or admit that they had done anything wrong. They ultimately refused to co-operate until after the resumption of the inquest, even though chronologies detailing Reid’s offences were supplied to them. The IPCC took over the investigation in 2004, and proceeded to allege that Troy was partially responsible for his own death. I was extremely upset, but was becoming immune to the scurrilous allegations. The Metropolitan Police endeavoured to cover up its own wrongdoing by issuing inaccurate, incomplete and wholly misleading information about Troy. However, in 2005 (five years after my initial complaint in 2000) and after much argument and delay, the IPCC commenced an investigation, finally producing a report in 2008. This criticised the conduct of the Metropolitan Police in several areas. Unfortunately, because Troy's death occurred before 2004, when the rules changed, I do not even have the right to meet with the IPCC to discuss their findings. The subsequent report by the Metropolitan Police was completed in 2007 but was with-held until 2008, when it was released in a redacted (i.e. with names, places etc. omitted) form. After intervention by my solicitor and MP it was again released, this time in a part redacted form. I was appalled by the report, in which the Metropolitan Police refused to accept that they had failed my son in any way. I find their arrogance and inhumanity shocking! In order to assist the enquiry, I had naively agreed, at the request of the Police, not to pursue individual members of the force. I now wished I had not complied, because my concession made not the slightest difference to their reprehensible attitude towards my quest for the truth.

I can still hardly believe what has happened to me during the past 9 years. The uncaring attitude and the absolute resolution of the relevant authorities to instigate a massive cover up of their bungling ineptitude have left me absolutely shocked. I would do it all again, because I passionately believe in justice. However, I would advise others in a similar situation not to bother. YOU CANNOT, AND WILL NOT, WIN!!

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