01. Miscarriages of Justice Registry

Case: Raphael Rowe

20

Age When Imprisoned

2000

Conviction overturned

32

Age When Released

12

Years in prison

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Table of Contents

Description
Raphael Rowe, Michael Davis, and Randolph Johnson (known as the M25 Three) were convicted of a series of robberies that left one man dead. Their convictions were largely based on evidence connecting them to property stolen in the robberies, and evidence from witnesses. The decision to quash their convictions was made on the basis that crucial evidence not disclosed at the original trial. First, one of the witnesses was a registered police informant, was eligible for a reward at the conclusion of the case, and may have initially named a different suspect (failure to disclose his status as an informant meant the witness was forced to lie in an interview, the court described this lie as having been in collusion with the police, and profoundly disturbing). In addition, a juror had visited key locations themselves. The European Court of Human Rights had held that failure to disclose the fact that a witness was also a registered police informant meant that the defendants had been denied the right to a fair trial, and that this had not been cured through the appeals process. At the appeal, the Court of Appeal stated that the decision was not a finding of innocence but that they could not say that if irregularities identified had not occured a reasonable jury would have been bound to return verdicts of guilty.
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Overview

Jurisdiction

England & Wales

First & Last Name

Raphael
Rowe

Gender

M

Ethnicity

Mixed Race

Age When Imprisoned

20

Age When Released

32

Years in Prison

12

Compensation

Compensation Paid

Yes

Compensation Link

https://www.bbc.co.uk/news/uk-england-london-66427535

Compensation Type

Compensation Amount

Dates

Year of Crime

1988

Year of Conviction

1990

Year Conviction was Overturned

2000
Excerpt

Research information

Reference

28

Link to Full Case

https://www.bailii.org/ew/cases/EWCA/Crim/2000/109.html

Offences

Offence

Murder, Robbery / burglary

Offence Convicted Of

Murder; robbery

Most Serious Offence

Murder

Courts

Factors Involved

Inadequate disclosure, Official misconduct, Witness evidence from non-complainant

Guilty Plea

Tried with Others

Yes

Retrial

Majority Verdict

Unanimous Verdict

Evidence

Type of Witness Evidence

Co-defendant / informant / supergrass, Eyewitness (other)

Affirmative Evidence of Innocence

Fresh Evidence

Evidence relating to the reliability of witness testimony

CCRC Referral

Yes

Neutral Citation

[2000] EWCA Crim 109

Online Press

http://news.bbc.co.uk/1/hi/uk/837275.stm

Crown Argued Case at CofA

Yes

Previous Appeals

Unsuccessful appeal in 1993

Number of Previous Applications

1

Legal Representation on Appeal

James Nichol

Is Post Office Case