No Retrial For
Graham Huckerby And James Power (28 January 2005)
The
Crown Prosecution Service has decided that there is not enough evidence
against Huckerby and Power and so they believe
there is no prospect of them being convicted once again. Accordingly no
retrial will take place.
Graham Huckerby and James Power Are Free!
(Tuesday 21 December 2004)
It is with great pleasure that I can announce the Court of Appeal in London
has ruled the convictions of Graham Huckerby and
James Power unsafe. Huckerby and Power were both
convicted of conspiring to commit armed robbery but have now been officially
vindicated. Earlier today Graham Huckerby left Dovegate Prison and James Power left Lowdham
Grange Prison. I am incredibly pleased that the waiting is now over for them
and they are able to spend Christmas with their families. This decision on
the part of the appeal judges is a fantastic Christmas present for Graham,
James, their families, friends and supporters.
There is a small chance that the appeal judges will order a retrial (the
judgment ends with the statement that this will be considered) but the men
will both still be free until their trial. We doubt a third trial will take
place.
Although everyone is elated by the news there are the underlying thoughts that
these men should never have been sent to prison in the first place. The
police failed to find any of the armed robbers who stole the £6.6 million
and, in gaining two convictions to prevent public criticism,
they sent two innocent men to prison. I hope to see some form of public
apology from Greater Manchester Police.
For details of the robbery and trial of Huckerby
and Power please visit the 'Published Articles' page of this website, where
there is an article I have written about the case.
To view the Court of Appeal judgment please click here
The following is an article I wrote for Miscarriages of Justice UK (MOJUK)
prior to the appeal hearing in November 2004:
Graham Huckerby and James Power at the Court of
Appeal (by S. C. Lomax)
The appeal of Graham Huckerby and James Power is
finally due to be heard on 11 and 12 November 2004 at the Court of Appeal. An
earlier hearing, which should have taken place in July, was cancelled due to
the death of one of the three judges assigned to the case.
Both Huckerby and Power were convicted in 2002 for
conspiring to commit armed robbery and were sentenced to fourteen years
imprisonment. It had been seven years earlier when £6.6 million in cash and
cheques was stolen from the Midland Bank Clearing Centre in Salford. The
police investigation, named Operation Volga, failed to recover any of the
money and all of the masked raiders who carried out the robbery have evaded
capture. The police needed at least one conviction to satisfy Government
figures and prevent public criticism, after all a huge sum of money had been
stolen.
With their failure to find those who committed the armed siege on the
security van, which was driven by Graham Huckerby,
the police began to explore the possibility that the elusive armed criminals
had been assisted by someone from the inside. With their investigation
underway the finger of suspicion pointed to Huckerby,
a man with no criminal record who had been left traumatised by the incident,
during which a shotgun was pointed at his head and he was tied to railings.
Huckerby was not the only man who detectives
studied. Telephone calls linked Huckerby to a man
named James Power, who was unemployed. Doubtless both Huckerby
and Power made a number of telephone calls to a great number of individuals
but the short conversations were deemed indicative of a conspiracy. The
police used other highly dubious evidence, as did the prosecution during the
trial, to show both men were responsible for this extremely well planned and
executed crime.
Both men did pay thousands of pounds into their bank accounts over a large
number of time following the robbery, but at trial
these deposits were explained. For example a friend of Huckerby’s
repaid a large loan. It was also shown how Huckerby
had been restless and agitated on the day before the crime, whilst visiting
his daughter in hospital. However, his daughter was in a great deal of pain
and discomfort, and the hospital staff did not know what was wrong, so it is
understandable he should be viewed to be restless and agitated.
The unknown armed raiders have committed the perfect crime but the greatest
crime of all is the wrongful incarceration of two innocent individuals,
particularly as one was a victim of the robbery and the case against the
other is nothing short of a joke. It is hoped the Court of Appeal will
recognise that both Huckerby and Power are
scapegoats and that the judges will quash their convictions and finally allow
their release.
To visit the official campaign website for James Power please use the
following address - www.jamespower.g3z.com. Details of Graham Huckerby's case are available at www.innocent.org.uk
UPDATE (18 December 2004) I have today been informed that a judgment will
be read on Tuesday 21 December 2004. At this time we do not know the outcome.
We hope that the convictions will be quashed and both men will be free in
time for Christmas.
UPDATE (22 November 2004) The judges have still not made a decision. As soon
as a decision has been announced details will be placed on this site. Please
contact me if you would like to be informed of the outcome.
UPDATE (17 November 2004) The judges are still considering their decision. We
have been warned it could be after Christmas that a decision is reached.
Please remember Graham and James in your prayers during this difficult
period.
UPDATE (16 November 2004) the judges retired to consider their judgment on
Friday 12 November. At present they have not decided whether they should
quash or uphold the convictions. The prosecution have argued the medical
evidence presented to show that Graham Huckerby's
statements to the police were unintentionally misleading (Huckerby
was suffering from Post Traumatic Stress Disorder when interviewed by the
police, and this is one of the grounds for the appeal) was technically
available at the time of Huckerby and Power's trial
and therefore it should not be admissible at the Court of Appeal, even though
it does offer an innocent explanation for information given by Huckerby. I believe the rules governing the admission of
evidence for the Court of Appeal should be altered to allow evidence
suggesting innocence to be heard, after all the Court of Appeal is a court of
justice. For this and other suggestion please visit my 'Necessary Reform'
section of this website. The Police and Criminal Evidence Act of 1984 does
state that suspects who are suffering from mental health disorders, as
defined under the Mental health Act, do provide misleading information
without them being aware of this and so they might incorrectly be viewed to
be lying.
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