01. Miscarriages of Justice Registry

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Case: Gary Walker

40

Age When Imprisoned

2021

Conviction overturned

57

Age When Released

17

Years in prison

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Table of Contents

Description
Gary Walker was sentenced to life imprisonment for murdering his pregnant partner, Audra Bancroft. It was alleged that he strangled Ms Bancroft after finding out she had run up £4,000 of debt on a credit card. Witnesses had seen him pulling her along the street when he returned from work, and the prosecution claimed that he continued to assault her when they returned home. The prosecution also alleged that he “staged calls” to her phone to make it appear as if they weren’t together at the time of the alleged offence. Mr Walker called paramedics to their address. When they arrived she had bruising to her face, a lump on her forehead, and injury to her lip. Her condition later deteriorated – she went into cardiac arrest and then died in hospital. Mr Walker claimed he had not assaulted her and any injuries she had were due to force he used in self defence after she attacked him. New evidence presented at a retrial showed that Ms Bancroft died of positional asphyxia as a result of a paramedic moving her from the recovery position to her back and propping her head up for a long period. The judge at the retrial found that no jury could be sure that any harm caused by Mr Walker was a substantial and operating cause of Ms Bancroft’s death, and so delivered a verdict of no case to answer.
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Overview

Jurisdiction

England & Wales

First & Last Name

Gary
Walker

Gender

M

Ethnicity

White

Age When Imprisoned

40

Age When Released

57

Years in Prison

17

Compensation

Compensation Paid

Compensation Link

Compensation Type

Compensation Amount

Dates

Year of Crime

2003

Year of Conviction

2004

Year Conviction was Overturned

2021
Excerpt

Research information

Reference

Link to Full Case

https://www.bailii.org/ew/cases/EWCA/Crim/2021/3.html

Offences

Offence

Murder

Offence Convicted Of

Murder

Most Serious Offence

Murder

Courts

Factors Involved

Guilty Plea

Tried with Others

Retrial

Yes

Majority Verdict

Unanimous Verdict

Evidence

Type of Witness Evidence

Affirmative Evidence of Innocence

Fresh Evidence

Evidence relating to cause of death

CCRC Referral

Yes

Neutral Citation

[2021] EWCA Crim 3

Online Press

https://www.bbc.co.uk/news/uk-england-stoke-staffordshire-59739404?fbclid=IwAR1UsoyglAiaCGX7_UztGS0fDUsn47TWZS2i5SVhuAZJ0OPZp2atw6-1eJw, https://www.theguardian.com/uk-news/2021/dec/21/gary-walker-ex-police-officer-freed-after-retrial-over-2003-death-of-girlfriend

Crown Argued Case at CofA

Yes

Previous Appeals

Application for leave to appeal conviction was refused by both the single judge as well as the Full Court.

Number of Previous Applications

2

Legal Representation on Appeal

David Emanuel QC

Is Post Office Case