Peter Sullivan, behind bars for 38 years, has homicide conviction overturned in ‘UK’s longest-running miscarriage of justice’ | EUROtoday

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A pensioner who has spent practically 40 years behind bars has had his homicide conviction overturned in what’s considered the longest-running miscarriage of justice in British historical past.

Peter Sullivan was convicted of murdering Diane Sindall in Bebington, close to Merseyside, in August 1986, however new exams revealed his DNA was not current in samples preserved from the crime scene.

Now aged 68, he has served 38 years in jail and has beforehand tried to overturn his conviction twice, over issues round evaluation of chew marks and the style by which his police interviews had been carried out.

Sullivan appealed towards his conviction for a 3rd time – 17 years after his first try to overturn it – after the Criminal Cases Review Commission (CCRC) referred his case to the Court of Appeal.

The memorial stone for Diane Sindall on Borough Road in Birkenhead, Wirral

The memorial stone for Diane Sindall on Borough Road in Birkenhead, Wirral (PA)

As the choice was given, Mr Sullivan, who attended the listening to by way of videolink from HMP Wakefield, held his hand to his mouth and appeared tearful whereas members of his household embraced.

An element-time florist and barmaid, Ms Sindall was brutally raped and murdered after she had completed a shift on the pub. The 21-year-old, who was engaged to be married, had began strolling to a petroleum station after her van had damaged down when she met her attacker.

She was overwhelmed to demise, along with her physique left partially clothed and mutilated in a “frenzied” assault. Some of her belongings had been later discovered burnt in woodland on Bidston Hill, about 5 miles away.

Semen which was found on her stomach had been partly diluted by rainfall, and subsequently had not been attainable to check till 2024.

It was alleged throughout his 1987 trial that Mr Sullivan had spent the day consuming closely after shedding a darts match, and had armed himself with a crowbar earlier than an opportunity encounter with Miss Sindall.

Mr Sullivan, who was aged 29 on the time, initially denied the assault however later signed a confession, however has since maintained his innocence. He was convicted on the idea of his retracted admission, circumstantial proof round his whereabouts, and the assertion {that a} chew mark appeared to match his enamel.

He was jailed for all times and has remained behind bars, regardless of being handed a minimal time period of 16 years.

In November the Criminal Cases Review Commission (CCRC) stated that Sullivan’s conviction had been referred to the Court of Appeal on the idea of DNA proof.

Samples taken on the time of the homicide had been re-examined and a DNA profile that didn’t match Sullivan was discovered, the fee stated.

Sullivan utilized to the physique to have his case re-examined in 2021, elevating issues about police interviews, chew mark proof and the homicide weapon.

He claimed he had not been supplied with an acceptable grownup throughout interviews and was initially denied authorized illustration.

Speaking to the courtroom, his barrister Jason Pitter KC stated that Mr Sullivan was “mentally handicapped” and a well known fantasist, and gave “blatantly wrong answers and inconsistencies” when questioned.

“To summarise, the appellant was extremely vulnerable in an interrogative situation, because of his limited intellectual functioning, combined with his problems with self-expression, his disposition to acquiesce, to yield, to be influenced, manipulated and controlled and his internal pressure to speak without reflection and his tendency to engage in make-believe to an extreme extent.”

He continued: “What he was saying was nonsense, in plain terms.”

In written submissions for the listening to on Tuesday, the CPS stated the brand new DNA proof is “reliable” and that it “does not seek to argue that this evidence is not capable of undermining the safety of Mr Sullivan’s conviction”.

Duncan Atkinson KC, for the CPS, stated: “The respondent considers that there is no credible basis on which the appeal can be opposed, solely by reference to the DNA evidence.

“On the contrary, the DNA evidence provides a clear and uncontroverted basis to suggest that another person was responsible for both the sexual assault and the murder.

“As such, it positively undermines the circumstantial case against Mr Sullivan as identified at the time both of his trial and his 2021 appeal.”

He added: “Had this DNA evidence been available at the time a decision was taken to prosecute, it is difficult to see how a decision to prosecute could have been made.”

When requested by one of many three judges overseeing the enchantment, Mr Justice Goss, whether or not he might conceive of a foundation on which Sullivan would have been prosecuted if the DNA proof was accessible on the time, Mr Atkinson replied: “No.”

https://www.independent.co.uk/news/uk/crime/peter-sullivan-murder-conviction-appeal-diane-sindall-b2749943.html