Beyond Innocence (12 page)

It was a filthy day in Liverpool. During the night, the weather broke and a storm of almost unprecedented ferocity launched itself and lashed the city mercilessly together with the surrounding district. The police van, carrying prisoner 1102 Harry Thompson together with the motor cycle escort swung into the rear entrance of Liverpool Assizes. With accustomed practice and precision, the gates swung open and closed. When the cavalcade came to a halt, Harry Thompson was allowed to alight. In accordance with normal custom and practice a blanket was placed over his head and he was quickly escorted into the dark grey forbidding building where he was taken to the cells below. The rain continued to bucket down in solid sheets, whilst in the distance there came the sound of approaching thunder accompanied by flashes of lightning.

Lord Chief Justice Ewing was already in his chambers even though there were still some two hours to go before the commencement of the trial. He was busy studying his own bundle of documents in order to completely familiarise himself with all aspects of the case, and the evidence to be presented. Most judges carried a reputation before them, and judge Ewing was no exception. He had a deserved reputation for being very strict and stern, as many an errant barrister discovered after falling foul of his temper when they had inadvertently strayed. Nevertheless, he was always considered to be fair and impartial in his summing up and trying of cases

As the hour approached the court filled up rapidly. The court ushers and officials busied themselves with their various tasks, whilst down below Irene Yarwood together with her defence team, were having a last minute consultation with Harry Thompson. All to soon it was time for them to leave in order to take up their appointed places in the court The prosecution team were already assembled, and whilst both teams warmly greeted each other like long lost friends; very soon they would be mortal enemies at each others’ throats clutching at every minute detail in order to secure some adversarial advantage for their side. When it was all over, animosity would be cast aside, and they would depart as brothers until the next case arose.

In the court there was a sudden stir of people craning their necks to catch a glimpse of the accused as they heard the doors beneath the dock opening and footsteps coming up the short sharp steps which signalled the arrival in court of Harry Thompson.

Despite the sound of the shrieking wind and thunder, the jury were being sworn in. Great bolts of lightning lit up the courtroom, casting eerie glows amongst the shadows of the once white pillars. The claps of thunder grew ever closer and the great old building literally shook as each peal grew louder and nearer. Outside and overhead, the dark clouds blotted out all semblance of light, whilst the lashing of the incessant rain increased to a percussion sounding crescendo. Then, as the be-gowned Chief Usher entered the Judge’s Chambers, a hush descended upon the court. Any moment now the Usher would reappear and, the court would be called to order. Everybody would rise whilst the Judge made his entrance. Then the trial would begin. Meanwhile, the storm continued unabated. Day had almost turned to night as bolts of lightning, which seemed to pass straight through the courtroom, were followed moments later by tremendous claps and peals of thunder. With each flash and explosion, the rain increased in intensity making normal conversation exceedingly difficult. It was against this backdrop and eerie setting, that the Chief Usher intoned, “All Rise” as Judge Ewing made his entrance. He nodded to the assembled people standing in the courtroom and took his seat. Almost immediately a court official rose to his feet and, in a somewhat melodic voice began his well rehearsed speech.

“In the case of Regina Versus Harry Marcus Thompson, you are charged that on or about the 11
th
of September 1988 you wilfully murdered Miss Diane Wilson of 21, Carlton Crescent, Bromborough, Wirral. How do you plead in answer to this charge?” Harry Thompson had been through this procedure many times before with his defence team and he turned to face the jury. He replied in a voice as firmly, and as positively as he could, “Not Guilty.” Without any hesitation the official began again,

“Harry Marcus Thompson, you are also charged that on or about, 2
nd
October1988 you did wilfully murder Miss Angela Clarkson of 16, Roby Street, Anfield, Liverpool. How do you plead in answer to this charge?” As instructed, he was still facing the jury as this charge was read. Without showing any trace of nerves or emotion, he replied, “Not Guilty,” as he answered the charges. He stole a quick glance at Irene Yarwood who responded with the briefest of nods in his direction to indicate that, so far, she was satisfied with his performance.

The Crown Prosecution case began with an opening address, and Sir Gordon Nuttall-Jones was on his feet in readiness. He got into his stride straight away as he addressed the Judge,

“Your Honour, I am Sir Gordon Nuttall-Jones, and I am leading the case for the prosecution assisted by Bernard Gibson QC, and Dennis Slattery QC. The accused is represented by Miss Irene Yarwood QC, assisted by Douglas Waterman QC and Phillip Froggatt QC. junior.

Your Honour, ladies and gentlemen of the jury, the case for the Crown is quite simple. We will be able to show from the evidence to be presented before you, that the deaths of Diane Wilson and Angela Clarkson were caused by one person only, and that person, Harry Marcus Thompson, is the accused sitting in the dock there. He swung around at this point quite deliberately in order to emphasize the word “there” and the jury duly obliged by following his movement until all eyes were firmly on Harry Thompson. As if to underline the solemnity of the sombre proceedings taking place, the storm showed no sign of relenting. It was as if the elements themselves were trying to exact their revenge for the taking of life as the flashes of lightning continued to light up the courtroom, punctuated by massive claps of thunder which seemed to shake the very foundations of the historic building.

Not to be distracted, Sir Gordon continued, “We will show, to your satisfaction that the accused had sexual intercourse with Diane Wilson shortly before her death, and very shortly afterwards during a violent quarrel in which at least one telling blow was struck, Thompson strangled the poor girl with a pair of her own tights. After wrapping her body and clothing in plastic, which he weighted down with stones as ballast, he dispatched and consigned her body to the cold dark waters of a quarry lake at Chorley Wood, near Preston, some thirty five miles away. There Thompson hoped her body would remain forever some sixty feet down, entombed in the soft deep mud at the bottom. There, but for the intervention of fate, the body would have lain forever. However thanks to the grace of God, a trailing ballast rope snagged on an underwater tree root, and the parcel came to rest on a ledge barely twenty feet below the surface. Later it was discovered by two sub-aqua divers who used the lake as a practice centre for deep sea diving and they notified the authorities of their gruesome discovery. The body was later brought to the surface by a police diving unit and the body was later identified by the father of the dead girl as his only child, and beloved daughter, Diane Wilson.”

“A pathologist carried out a post mortem examination and he certified death had been caused by strangulation. This had been carried out with a pair of her own tights that were still tied around her neck. Further tests conducted by the pathologist showed that sexual intercourse had taken place just prior to death, and samples were then taken from the body for the purpose of DNA Testing. During this trial, you will hear the results of those tests and the significant part they will play in this trial. As I have already stated, we will also show that the accused quarrelled with Miss Wilson prior to her death. As far as the police have been able to ascertain, Harry Thompson was the last person to see Miss Wilson alive.”

“Harry Thompson is also charged with the murder of Angela Clarkson but, under English Criminal Law, the accused cannot be tried for more than one murder at a time. Where there are two or more charges it is up to the prosecution to choose which case to take first and, in this case, we have decided that the Wilson case will be the case for which he will be tried. However, the law does allow for evidence to be presented before you on the second count and, in this connection, you will hear that evidence. You will also hear that, prior to her death, Angela Clarkson engaged in prostitution, but that is no reason for her to leave this life behind in the manner that she did. As far as the police are concerned, this was a senseless, and motiveless killing, but, as in the first case, this poor unfortunate woman had been strangled with her own tights twisted and knotted, in the same manner as before. Despite the lack of any DNA evidence directly linking Thompson to Angela Clarkson, he is nevertheless the only person who can be considered a suspect in this case. Here the facts will also reveal that Harry Thompson lived barely 500 yards from the spot where the body lay and, before the discovery of the body, Harry Thompson had reported to his local police station that he had found a very expensive ladies watch lying just off one of the woodland nature trails on the perimeter of the local golf course. The spot where he claimed to have made this find is less than fifty feet from where the corpse was lying. Later, you will hear evidence positively linking that watch to the murdered girl, Angela Clarkson. The Crown will show that Thompson did not find that watch at all. In fact, he stole it whilst emptying the contents of her handbag and, knowing that he had just killed the woman, he could hardly keep the watch in his pocket and say nothing about it in case something turned up later to link him with the crime. But, if he handed it in at his local police station, as indeed he did then, he could claim it as his own in some three months’ time.”

“During this trial you will hear Thompson’s protestations of innocence but I am confident the Crown will show this is nothing more than an elaborate charade to hoodwink you. I am sure that, after hearing the evidence, you won’t be taken in.” With that Sir Gordon sat down, and it was the turn of Irene Yarwood to open for the defence.

“Your Honour, Ladies and Gentlemen of the jury, first of all there are a number of points and similarities for you to consider before you arrive at any decision. The first thing is that similarities don’t make murderers of people so let us examine the facts as stated by my learned colleague for the prosecution a few moments ago.”

“Harry Thompson and his girlfriend go to bed together where they have unprotected sex. As a result his sperm, his DNA is deposited inside her. Now that does not make him a killer, after all he has always freely admitted they had sex on the last occasion that they were together. Without attempting to malign or to destroy the dead girl’s character, he’s also admitted they were intimate together whenever they could or, whenever the opportunity presented itself, and as we all know there’s nothing wrong in that. This evening was different because they quarrelled, but that doesn’t make him a killer either, because, if every lover’s quarrel resulted in death the population of the entire world would be decimated. In this instance, as a result of this quarrel, Miss Wilson storms off determined to go home alone and refusing to allow Thompson to accompany her or to drive her home. Somewhere on her way home Diane Wilson met her killer. She might even have known him. Sex might not have been on his mind or, even if it was, perhaps she screamed and, if she did, then presumably that made her death inevitable at the hands of her assailant. Before cross-examination begins, I want you to concentrate your minds on some facts concerning this case. First of all the police are adamant that Thompson’s DNA profile and the evidence of intercourse just prior to death don’t just point to Thompson’s guilt, they actually confirm it. As a result of this, my learned colleague prosecuting will attempt to prove that Harry Thompson is just a sexual fiend who has developed a lust for killing. If that were really the case, or, if the killing of Diane Wilson had a sexual motive, why on earth should Thompson kill Miss Wilson when he had just impregnated her? In which case, he might as well have walked into his local police station and said to the duty officer
I have just killed my girlfriend
.”

“If, as the police would have you believe, sex was the underlying motive where is the same motive in relation to the Clarkson case? Angela Clarkson was a common prostitute who would drop her knickers, assuming that she wore them, for anybody who had the money. We know that Angela Clarkson had sex with someone before she died because the pathologists report tells us so but in this instance, there isn’t any matching DNA sample from those obtained by the police during their enquiries or, with those supplied by Harry Thompson the main suspect at the time. Thompson’s only crime lies in the fact that he happened to live within 5OO yards from where the body of Angela Clarkson was found and he had the misfortune to find an expensive watch that he handed in to the police. Now I have to remind you that fifty other men lived within a quarter of a mile from this spot and none of them provided a matching sperm sample either. Have any of them been considered killers? Were any of them ever considered potential suspects? The answer to that is ‘no’ and, they weren’t considered simply because they hadn’t bedded Diane Wilson or found a watch. Another point to consider is this. If Harry Thompson is guilty as charged, why on earth didn’t he dump the body of Angela Clarkson in the quarry as well? What on earth could he hope to gain by leaving her body on his own doorstep?”

“Finally, let me conclude this opening address by saying, it is our contention that Harry Thompson is completely innocent of all charges, that the killer of these two unfortunate women is still at large and, it may well be, that the police should be looking for two killers as it is just as likely there is no established link between the two. During this trial, do not allow the prosecution to fool you concerning the fact that both of these women were killed by the use of their own tights. Remember tights, once removed, present a very handy killing tool and any fool can tie granny knots.”