Murderer wins review over use of secret parole evidence

Murderer wins review over use of secret parole evidence
By John Aston
Published: 30 June 2007

A 71-year-old man jailed 40 years ago for murdering three police officers in Shepherds Bush, west London, was given permission yesterday to seek a judicial review. The 30-year sentence passed on Harry Roberts expired nine years ago.

Lawyers for Roberts mounted a parole bid last year, but lost on the basis of secret evidence. A special advocate was appointed, who viewed the secret evidence on the prisoner's behalf. The Parole Board said sources would be at risk if Roberts was allowed to view the evidence.

His lawyers argued that he was entitled to see the evidence himself and know the reasons why he could not be released. But the House of Lords, the highest court in the land, ruled against him by a majority of three to two.

A new application for Roberts to be released on licence will come before the Parole Board later this year.

Yesterday, his lawyers went back to the High Court and successfully applied for permission to challenge the fairness of the Parole Board's procedures. The judge, Mr Justice Walker ruled that Roberts' case was "of great public interest", and gave him leave to seek a High Court judicial review.

Martin Westgate, appearing for Roberts, said there was concern that, when a fresh application for parole was made, the Parole Board would unlawfully refuse to disclose evidence which could be used to refuse his application once again.

Roberts was jailed for shooting PC Geoffrey Fox, 41, Sergeant Christopher Head, 30, and Detective Constable David Wombwell, 25. The murderof the three officers, in August 1966, was one of the most high-profile crimes of the decade.

The officers were shot in front of children playing in a street near Wormwood Scrubs prison after they approached a van in which Roberts and two other men - Jack Witney and John Duddy - were sitting.

Roberts evaded arrest for three months, camping out in woodland, and was finally captured while sleeping in a barn at Blount's Farm near Bishops Stortford in Hertfordshire.

For some time, human rights analysts have said that detaining someone without telling them the nature of the charge or the evidence against them is against the nature of the UK's justice system.

But the courts have consistently ruled that the use of a special advocate in Roberts' case was not unfair, even though his case did not raise issues of national security.

In 2001, Roberts was transferred to an open prison in what was thought to be a prelude to his release.

But he was alleged to have been involved in drug dealing, bringing contraband into prison and other activities which jeopardised his release. He was sent back to a closed prison pending a review from the Home Secretary at the time, David Blunkett, who produced the material that was withheld from Roberts.