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CHAPTER 1 ‘Stephen Who?’

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There was nothing auspicious about that particular Monday, 14 March 1994. Certainly nothing to suggest that it would put in motion events that would help to change so many lives, and make an indelible mark on both British and European law.

In fact, the day started in domestic chaos, as I forgot to set the alarm following a late-night return from Amsterdam. My wife, Kath, had no choice but to dash off for work, while I did the school run, dropping off my youngest boy at Highfields School, and on the way back admired the spectacular panoramic view across Matlock and the Derbyshire Dales.

After a few days of luxury in Amsterdam it felt good to be home, and I was relieved to be heading back to reality at the Matlock Mercury. I was termed a ‘foreigner’ by many of the locals when I first moved to Matlock from Manchester. I was an outsider. But it was home for me now, the latest stop in a career in journalism that had seen me work for the likes of the BBC, the Manchester Evening News, and most recently the Bury Messenger, before the opportunity to head up the Mercury came along.

I parked up at the side of the office, and said hello to our stray tabby cat, who would often perch precariously on the upper window ledge, looking at us with a mischievous grin and probably thanking his lucky stars he didn’t have to work in our building, a former print works that had definitely seen better days.

As I entered via the back door, I could hear the old typewriters clattering away and see my reporters going about their business.

‘Good morning, everyone,’ I said cheerfully, hoping they hadn’t noticed that I was ten minutes late. ‘Anything special happened since I’ve been away?’

Jackie Dunn, one of my young journalists, cheekily asked if my flight had been delayed, before she gave me a brief summary of events from the previous week.

My sports editor Norman Taylor, a retired train driver, said Matlock Town had still not scored – but had won a corner, a comment that earned a glare from Sam Fay, my deputy editor. A war veteran in his late sixties, he worked on a part-time basis, covering match reports and local politics.

I took my jacket off, settled down and began to plough my way through all the paperwork, while I asked Sam for a meeting to discuss stories for the next edition.

The small sliding window in the frosted glass partition, which divided editorial from the advertising department, suddenly slid open with a loud bang.

The receptionist announced, ‘Don, there’s a man wanting to make an appointment with you. He says it’s something about a murder.’

She cupped her hand over the receiver. ‘Do you want to take the call?’ she asked. ‘It’s something to do with his son, Stephen.’

I beckoned to her to put the call through.

When I answered, the man chatted away at ten to the dozen. It was like trying to decipher a verbal machine gun. ‘Stephen who?’ I asked.

‘Stephen Downing,’ came the reply, sounding rather agitated, as if I should know all about him. The man explained that he was his father, Ray, and claimed his son was still in jail after 20-something years for a murder he didn’t commit.

He said the murder had occurred in the cemetery at Bakewell, a pretty, picture-postcard market town in the Peak District, about eight miles away. I let him continue for a while before I interrupted, saying, ‘It’s all right, Mr Downing …’

‘Call me Ray,’ he quickly replied.

‘Okay then, Ray. You don’t have to make an appointment to see me. I’m usually here from dawn till dusk.’ I found it very difficult to take in half of what he’d said to me over the phone. ‘Yes, Ray, 2.30 p.m. today is fine. And bring some paperwork with you if you wish. I’m not sure what I can do but I’ll have a look.’

I looked round to see that some of my team were also listening. I told them, ‘It’s a Mr Downing, who says it’s something to do with an old murder involving his son. I think he said it was in 1973. He’s a local taxi driver, and both he and his wife want to see me today. This afternoon, in fact.’

Sam pulled out a cigarette and lit it. He frowned at me, and half spluttered, ‘Don, I will have to go out for a short while but I’ll speak with you later. We must have a chat about this Stephen Downing.’ With that he disappeared in a trail of smoke.

* * *

At precisely 2.30 p.m. there was a knock on my office door. ‘A Mr and Mrs Downing to see you, Don. They have an appointment?’ said Susan, one of our advertising reps.

‘Yes, of course, show them in, please,’ I replied, and ushered the pair into my private office. Ray Downing was struggling to hold a large pile of documents, which he then dumped firmly on my desk. I had to move them aside slightly so I could see their faces.

Ray was a fairly small man with a bald head and a worried expression. I guessed he was probably in his late fifties or early sixties. His wife, whom he introduced as Juanita, was about the same age. She looked quite frail and had sharp, almost bird-like features. She was very nervous and extremely thin. Both wore their Sunday best.

Ray outlined his reasons for contacting me. He claimed his son Stephen had been jailed in 1974 for the murder of a woman in the town cemetery the previous year. Ray kept saying he was innocent, and that everyone in Bakewell knew he was innocent. He kept stressing that word.

‘What’s more,’ said Ray, ‘I can probably tell you who was responsible. Nearly everyone in Bakewell seems to know who did it.’

I was taken aback by his comments. Ray didn’t mention any name, but I was puzzled by his claim and wondered, If it was all so obvious, why was his lad still in jail?

Ray alleged that Stephen had been framed for the murder as part of a conspiracy because the town needed someone else to blame. He claimed the police forced Stephen to wrongfully confess to an assault on a young, married woman, who later died from her injuries.

Ray claimed the woman, Wendy Sewell, was promiscuous, and had taken several prominent local businessmen as lovers. He suggested a long list of individuals, and said they were all well known in the Bakewell area. He believed the powers that be in the town had conspired to protect the victim’s secret life, and perhaps themselves, from a massive scandal.

He explained that several other characters had been seen in or around the cemetery on the day of the attack, and that potential witnesses had either been ignored by the police or deliberately warned off.

He strongly believed that one particular officer, who ‘had it in for Stephen’, went flat-out to get a quick confession. Ray said that although his son quickly retracted it, the confession still formed the main plank of the prosecution evidence from which he was convicted.

Ray said there had been some previous attempts to obtain an appeal against conviction, the first being in October 1974, a few months after his trial, and the second some 13 years before, in 1981. Both failed. He then admitted to hiring a private investigator, Robert Ervin, a former army investigator, who worked on the case for about ten years but died some time ago.

Juanita let Ray do most of the talking. She looked uncomfortable and agitated, and began fumbling through the paperwork, before extracting some old cuttings that reported the previous attempts to appeal. She explained that the rest of the paperwork included court papers, copies of some old witness statements from years ago and various other official reports she thought I might find of interest.

Ray was anxious to continue, and he confirmed that the reason they wanted to see me that day was because a woman had telephoned them anonymously to say she had sent both me and the editor of the Star some fresh evidence that could help clear their son’s name.

‘The Star?’ I asked. ‘Do you mean the Sheffield Star or the Daily Star?’

‘Don’t know, she just said the Star.’

‘Look, I’ve just returned from a short break,’ I said. ‘I don’t think anything’s arrived here, nobody has mentioned anything, but I’ll go and check.’ I brushed past them and made my way to the main office.

‘Does anyone know anything about a letter concerning Stephen Downing?’ I asked. ‘His parents think some fresh evidence may have been sent here.’ Everyone shook their heads.

Jackie said, ‘Whatever came in that we couldn’t deal with is on your desk. I don’t recall anything about a Stephen Downing, though.’

‘What’s this all about?’ asked Norman.

‘I’m not quite sure at this stage, but their son Stephen has been in jail for murder for over 20 years. They are desperate and need a lifeline. I’ll ask Sam when he comes back,’ I replied.

I returned to my office and told the Downings that nothing had been received so far, but that I had contacts at both newspapers and would get back to them as soon as I could. We made arrangements to meet a day or two later at their home in Bakewell.

I was intrigued by what they had said. They were obviously biased, but it seemed worthy of investigation – particularly if some fresh evidence had come to light.

The Downings seemed a likeable couple, who genuinely believed in their son’s innocence. Ray had spoken of numerous conspiracy theories, while Juanita had maintained a more dignified stance, sitting there patiently listening to her husband’s defiant explanations.

I was apprehensive about getting involved, but my youngest son was now about the same age as Stephen was when he was convicted of murder.

Sam returned with another cigarette in his mouth. The ash was hovering precariously. ‘Did Ray Downing come in?’ he asked.

‘Yes, Sam. So what do you know about the case?’

Sam grabbed my arm and led me back into my office. ‘Ray’s well known around here,’ he explained, closing the door. ‘He drives people crazy with this tale about his son’s innocence. He has spent years trying to solve the crime and clear his lad. Poor sod. I really can’t blame him, though. Stephen was only a kid, and a bit simple too, from memory.’

In his hat and coat, Sam looked like a detective from a 1950s movie. I explained about the family’s current claim of an anonymous caller and some potential fresh evidence. He wasn’t too impressed. He had two or three more drags on his cigarette, then started to talk about the case through a haze.

‘It was all a long time ago, but I was on the story leading up to the trial. As far as I can recall, there was a slight feeling of surprise when he was convicted. He was only 16 or 17, I think?’

‘Seventeen, Sam,’ I confirmed.

‘Yes, whatever. I know other names were bandied about and the murdered woman was well known in the area, if you see what I mean?’

‘No, not really, Sam.’

‘She’d left her husband and I think there was some sort of scandal. You know what Bakewell is like. I think Stephen admitted something, then retracted it.’

‘I’m going to their house on Thursday. They want to show me a few other things of interest.’

Sam stared at me. ‘Be careful, be very careful,’ he said. ‘It’s a minefield. Don’t get sucked into it.’

Murder in the Graveyard

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