Daniel Morgan case: Court backs claims by three former suspects

  • Published
Three images Garry Vian, Jonathan Rees and Glen Vian, leaving the court of appealImage source, PA
Image caption,

Mr Morgan's former business partner Jonathan Rees (centre) and brothers Garry and Glen Vian (left and right)

Three men acquitted of murdering a private investigator have won a claim against the Metropolitan Police for malicious prosecution.

Jonathan Rees, Glenn Vian and Garry Vian were charged following the 1987 killing of Daniel Morgan - but proceedings were aborted after a key piece of evidence was compromised.

The trio's attempt to sue the Met later proved unsuccessful.

However, the Court of Appeal has now overturned that decision.

Image source, PA
Image caption,

The killing of Daniel Morgan, a father-of-two, remains unsolved despite several police investigations

Mr Morgan, originally from Llanfrechfa, near Cwmbran, was found outside the back of pub in Sydenham with an axe still embedded in his skull.

After the killing his family said the father-of-two was on the verge of exposing police corruption.

In 2008 Mr Morgan's business partner Mr Rees, the Vian brothers and a fourth man were charged with murder.

The Court of Appeal heard that a key "plank" of the prosecution case hinged on the evidence of a "known criminal" called Gary Eaton.

In the course of the process Mr Eaton, who also had a personality disorder, moved from being unwilling to name directly any of the participants in the murder to naming Mr Rees and the Vian brothers.

The four men spent two years on remand before the case against them was aborted and a formal not-guilty verdict was made by the judge.

Image caption,

Mr Morgan was attacked shortly after drinking in this pub in south-east London

In a written judgement, the Court of Appeal said the collapse of the case came after Met Det Ch Supt David Cook had had a "number of unauthorised" meetings with Mr Eaton.

Mr Rees and the Vian brothers sought damages from the Met - but their case was dismissed in the High Court in February 2017.

However on Thursday, judges said the three men should be entitled to compensation after being "maliciously" prosecuted.

Lady Justice King said: "To say that Det Ch Supt Cook, a prosecutor guilty of perverting the course of justice by creating false evidence against the appellants was, on account of his belief in their guilt, not acting maliciously, is rather like saying that Robin Hood was not guilty of theft.

"One understands the motivation in each case, but any seeming endorsement of such dishonest behaviour, particularly within the police force, leads... to a serious and unacceptable 'negation of the rule of law'."

Media caption,

Alastair Morgan: "I made a promise to expose the corruption"

Previously, Mr Morgan's family said it would be "a travesty of justice" if Det Ch Supt Cook was made a scapegoat "for the failures "of the Metropolitan Police's handling of Mr Morgan's murder.

The Metropolitan Police said it planned to launch a counter appeal with the Supreme Court.

Details of how much compensation the force will have to pay out has not been disclosed.

Daniel Morgan murder timeline

10 March 1987: Daniel Morgan's body, with an axe embedded in his head, is found in the car park of the Golden Lion pub in Sydenham.

3 April 1987: Six men are arrested over the murder but police find there was not enough evidence to charge any of them.

April 1988: An inquest at Southwark Coroner's Court gives a verdict of unlawful killing.

24 June 1988: The Met refers the case to a police watchdog after allegations against the police by Mr Morgan's family.

9 June 1989: An IPCC inquiry concludes without any evidence produced to support any allegation of criminal misconduct by Met officers.

October 2001: A review by the Met's Murder Review Group recommends the case should be re-investigated.

June 2002: Police appeal for witnesses and information on the case on TV programme Crimewatch.

March 2006: Another investigation, Operation Abelard Two, begins.

August 2006: Two men are arrested and bailed. A third is arrested the following month.

23 April 2008: Jonathan Rees and brothers Glenn and Garry Vian are charged with murder along wirth a fourth man James Cook.

March 2010: The four accused, who have been on remand, are granted bail after their time custody goes over the set limit.

Mid-2010: Mr Cook is discharged.

March 2011: Mr Rees and Glenn and Garry Vian are formally acquitted.

May 2013: Home Office announces an independent inquiry into the Met's handling of Mr Morgan's murder.

February 2017: Mr Rees and Glenn and Garry Vian sue the Met Police for damages, but their claims are thrown out by a judge

20 March 2017: Thirtieth anniversary of Mr Morgan's murder.

November 2017: Mr Morgan's mother Isobel Hulsmann dies age 89

5 July 2018: The Court of Appeal's civil division rules in favour of Mr Rees and the Vian brothers.

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