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Appeals
1995 Appeal
The Appeal Hearing commenced in September 1995. The defence relied upon the evidence uncovered in
the Lancashire Constabulary Re-investigation
by Superintendent Gooch. The defence
also relied upon the evidence of Professor Bernard Knight a world famous
pathologist and the evidence of the witness Maureen Piper
and her two friends.
Professor Knights report comprehensively dismantled the
case built by the Crown. His report concluded that the pathology evidence
disproved the Crowns theory put forward at the trial as to how Paula may have
been murdered. Also, he stated that in his forty years experience he had never
experienced or heard of a homicide by hanging. Although suicide in pregnancy in
the UK is rare, he referred to numerous cases of suicide in pregnancy and to a
similar case in Ulster, which occurred at the time of the trial.
The witness Maureen Piper had told the Merseyside Police
that she had spoken to Paula in a local post office at 12.40pm on the day of her
death. This meant that Paula was alive at a time after Eddie was
supposed to have killed her. She never gave evidence at the trial. The Gooch
Investigation discovered that Pipers evidence could be corroborated by her
two friends.
At the Appeal Court Judge Beldham opened the hearing by
stating that he would not allow any criticism of the Merseyside Police or indeed
the former defence.
He refused to hear any of the evidence uncovered by the
Gooch Investigation, which included the mysterious appearance of the so-called
practice rope. Judge Beldham stated that he had sight of the Gooch Report,
but he would not allow any evidence to be deduced from it within the appeal. He
stated that this was because the Merseyside Officers were subject to
disciplinary proceedings not yet heard and that the Chief Constable of
Merseyside had not yet decided which officers were going to be subject to
discipline. It was therefore an ongoing inquiry.
Judge Beldham refused to hear the evidence of Professor
Knight. He stated that Professor Knights evidence was available at the time
of the trial and the defence at the trial had made a reasoned decision not to
call him to give evidence. Therefore, in accordance with the appeal court rules,
Judge Beldham refused to hear the evidence of Professor Knight.
Eddie's appeal was now considerably weakened. The
defence were left with the evidence of Maureen Piper and her two friends. Judge
Beldham cast doubt on the evidence of Piper and her two friends. He suggested
that as she went to the same post office, at the same time and on the same day
every week, she might have spoken to Paula in the post office the week before.
This was contrary to other evidence disclosed in the Gooch Investigation, which
Judge Beldham had refused to take account of within the appeal. (To this day
Piper remains adamant that she spoke to Paula in the post office on the day of
Paulas death).
Eddies appeal lasted three days. It was then adjourned
until October 1995, pending the decision of the three Appeal Court Judges.
On 20th October 1995 the
Appeal Court issued their Judgement and not surprisingly Eddies appeal
against his conviction was dismissed.
The Judgement made reference to three of Paulas
friends who had recounted to the police that in the months leading up to her
death, Eddie had her writing suicide letters for a course he was supposedly
doing at work on suicide. One of the three women told the police that Paula had
said that Eddie had taken her into the garage at home, presumably as part of
some bizarre experiment, and showed her how to put a up a rope to commit
suicide. The evidence of the three women was excluded from the trial, because it
falls within the Hearsay Rules. But, the Appeal Court Judges in 1995
took notice of it and although they did not use it as a reason to reject
the 1995 appeal, it is clear from their written judgement
that this was the main factor in dismissing the 1995 appeal.
As the prison officers took him down to the cells Eddie
shouted "I'm Still Innocent".
One working day after the Appeal Court dismissed Eddies
appeal the Chief Constable of Merseyside announced that disciplinary action
would be taken against thirteen of his Officers. Most would receive advice as to
their future conduct, but Detective Superintendent Harrison, Detective Chief
Inspector Baines and Detective Constable Gregson would face a Disciplinary
Hearing for Neglect of Duty. In the
case of Detective Constable Gregson there would be an additional charge of
Falsehood and Prevarication.
Devastated by the Appeal Court result the Gilfoyle family
decided that they would have to mount a public campaign to bring attention to
the plight of Eddie. They campaigned hard and sought publicity through the
media. During late 1995/early 1996 they found help
through Channel 4 TV. A documentary was commissioned by Channel 4 and the case
was once again investigated in great detail and in great depth which culminated
in the case being broadcast on television later that year on the 26th June 1996, as part of the Trial
& Error documentary series.
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