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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.