Trial And Error

In June 1996, Eddie's case was the subject of a miscarriage of justice documentary called Trial & Error, which was commissioned by Channel 4 TV. The documentary makers carried out an extensive and detailed investigation into the case. They interviewed new experts and uncovered new evidence some of which was used in Eddies second appeal in December 2000. The documentary was again re-broadcast on the 17th July 1997. However, legal action against the programme makers followed.

David Gregson v Channel Four Television Corporation (21 June 2002, Morland J)

The claim concerned a broadcast of "Trial and Error", which concluded that there had been a miscarriage of justice due to errors in the police investigation of a case involving a man who was then convicted of murdering his wife. The claimant was one of the police officers involved, and the implication - to those that are aware of the background to the case - was that he could be suspected of fabricating evidence in order to ensure the conviction against the husband.

In a statement in open court - made following a settlement after the trial had commenced - it was accepted by the claimant that Channel 4 and programme makers had honestly believed that there had been a miscarriage of justice. In turn, Channel 4 and programme makers expressed that there had been no intention to present the claimant as corrupt or dishonest, and that any such presentation of the claimant would be unfounded. The claimant withdrew his criticisms of the programme makers feeling that his professional reputation had been exonerated. There was no suggestion that Channel 4 had paid any damages or costs.

Source: www.lawyers-media.com

The civil action above once again involved an in depth investigation into Eddies case. During this civil action the Jury in the civil case had to decide what the programme, Trial & Error, meant or inferred with regard to the 'claimant', Detective Constable Gregson.

In November 2002, the Lawyers for Channel 4, Desmond Browne QC and Mathew Nicklin, prepared a 19 page report for the Criminal Cases Review Commission in which they concluded that they entertained real and substantial concerns about the safety of Eddie Gilfoyles conviction.