New Witnesses and evidence cast doubt on Liverpool pair’s murder convictions
As Leave to Appeal is granted an ex-police officer expresses his “grave doubts” about their involvement in the murder of Colin McGinty
It is now over six months since Gary Hampton and Michael Brown were informed that they had been granted leave to appeal against their convictions for the murder of Colin McGinty. The Liverpool born young men are now eager to hear when they will appear before the Royal Courts of Justice in the centre of London.
According to Julie Hampton, mother of Gary, they remain “determined to clear their names, no matter how long it takes” and she reports that both men “remain in good spirits”. Leave to appeal was granted by Justice Gage on January 3rd 2003 but it can often take up to a year and longer before the actual appeal is heard.
Hampton and Brown were convicted of McGinty’s murder following a 3 week trial at Liverpool Crown Court in October 2001. They were both sentenced to life in prison.
McGinty was stabbed to death in Marsh Lane, Bootle on Merseyside after drinking in Sullivans wine bar in the early hours of March 23rd 2001. He suffered 17 stab wounds in a frenzied attack. Whoever did it clearly needs catching and locking up. McGinty had earlier been ejected from wine bar for fighting, which the CCTV evidence shows did not involve Hampton or Brown. Both men claim not to have known or spoken to McGinty either before March 23rd or on the night of his murder.
Gary Hampton and Michael Brown had been in the wine bar and had left at 1.00am, along with two friends Wayne Lynch and Neil McIntyre. After collecting Michael’s car they sat outside the venue waiting for the D.J John Lynch. As they sat outside a police vehicle pulled up and spoke to the occupants of the car.
Not long afterwards Michael took the rest of the friends round home and Gary collected his car from Michael’s before going home.
When the police discovered the body of McGinty they immediately launched a murder enquiry and witnesses did come forward, describing the victim’s attackers as being aged 16 to 18 years, thinly built and with shaven hair cuts. This does not match the descriptions of either Hampton or Brown.
A witness claimed that the attackers had been in a car with the registration C251CVM. Michael Hampton’s is L521CVM, but the witness also claimed that the car was a new model V.W, when it is the older model, and that it had been in perfect working order when it had in fact a broken headlight. The witness also got the colour of car wrong. This same witness failed to pick out Michael Brown at three Identity Parade’s. Other witnesses also failed to identify them.
There was also no forensic evidence against the men. This was despite the fact that a number of the stab wounds that McGinty suffered were in the back as he attempted to climb a wall. As such any assailant would obviously be below McGinty when administering the blows and would be likely to be soaked in blood or at the very least subject to blood splatter.
Their legal teams have now collected evidence for new witnesses who weren’t called at the original trial in October 2001. Vodaphone, the mobile phone company, have also been asked to provide a record of the calls made by Gary Hampton on the 23rd of March, as this should help locate exactly where he was at the time of the murder. Phil Hampton, Gary’s father told me that “Vodaphone are claiming that some of his records are missing.” The family have taken out a Court order to get the records.
Both men are approaching two years in prison, where they are both learning some new skills. Brown is studying Chinese. Hampton was recently involved with other prisoners and staff in organising a Funday inside Walton Prison for hundreds of young people with special needs. This was a unique event at which a prison spokesperson said “none of the prisoners selected to help was a risk to the visitors”. In the Liverpool Echo piece on July 17th Gary Hampton’s views were reported as saying “we are proud of the friendships we have built up”
Hampton and Brown are fortunate in having loving and caring families who are committed to helping them prove their innocence. Julie Hampton, mother of Gary, who has played an active part in the Campaign for Justice, said “I am fully behind my son’s campaign for Justice; many people know he is innocent. I am pleased we now know that they have been granted leave to appeal.”
Hampton and Brown’s case is just one of many taken up by Merseyside against Injustice. [MAI] It was established in early 1999 to provide help and support to victims of the criminal justice system, their families and supporters in Merseyside. The group offers advice, help and support. It has enjoyed considerable success in its four years.
MAI is a pro-active organisation actively seeking fresh evidence which has resulted in four of their cases being dismissed pre-trial and two convictions recently quashed by the Appeal Court. They presently have one case in the European Court and two with the Criminal Cases Review Commission.
The group was the brainchild of ex-police officer, Kevin McMahon, who told me “that given the nature of this terrible murder it is inexplicable that there is no forensic evidence whatsoever in this case” and that “we are always concerned when potential exculpatory evidence is withheld or goes ‘missing.’ He expressed to his “grave doubts about the safety of this conviction” against Hampton and Brown.
At the Court of Appeal a number of things could happen, the Judges could decide to order a re-trial, they could declare the men’s convictions ‘unsound’ and release them or they could uphold their convictions. It could be a number of months before all concerned know the outcome.
July 25th 2003