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Herefordshire |
Archive |
2004 |
April |
8
Child-killer can fight conviction
From the archive, first published Thursday 8th Apr 2004.
A HEREFORDSHIRE father put behind bars for killing his young daughter many years ago - despite her body never being found - has been given permission to challenge his conviction.
Arthur George Carr, aged 62, of Nursery Road, Ross-on-Wye, was jailed for nine years at Hereford Crown Court. He was charged with murder but found guilty, in May last year, of the manslaughter of
Gillian Maria Carr some time between 1973 and 1975.
London's Criminal Appeal Court has granted Carr permission to challenge his conviction.
Lord Justice Kay, sitting with Mr Justice Eady and Mr Justice Royce, referred to concerns that the jury may have had information they ought not to have known. This related to a different case, where Carr was accused of raping a girl.
Referring to the murder trial, Lord Justice Kay said the circumstances of the case and the way the trial took place were `unusual'.
"The allegation was that, a long time ago, Carr had killed his young daughter. She had, so far as the Crown had established, effectively disappeared off the face of the earth."
Son, Vincent Carr, gave evidence that, when he was 18 or 19, he overheard a conversation between his parents in which the killing of the child was admitted.
Lord Justice Kay said two events occurred during the trial which raised concerns - and these were now `linked' by a statement from a prospective juror, who did not in fact serve on the jury.
The first event related to one of the serving jurors - during the trial - going to a local newspaper office and seeking information about the case.
In particular, she had sought details of the circumstances in which the case had been transferred from another court.
The un-related rape case was at the other court.
The second matter involved a notice to the media, which was placed outside the courtroom in Hereford where the murder trial was being held.
The notice referred to the judge's order banning publication of the case, as it was said it may have prejudiced the other hearing.
Carr's QC, Lord Thomas of Gresford, told the Appeal Court the notice specifically made reference to the fact that the other case involved rape charges.
"Hereford is one of those crown courts where, because of its age, the facilities for juries are not as good as they are in modern courts," Lord Justice Kay said.
Because of the building layout, there was a chance jurors could have seen the notice.
Finally, he referred to a statement obtained on behalf of Carr from a woman who was on the jury panel at Hereford at the time, but who was not on the Carr jury.
She said she heard about the Carr murder trial and spoke to other jurors about it. She said they became aware that he was also accused of rape.
The judge said it was quite clear, due to the layout of the court building and access to potential jurors, there was information available which ought not to be going to any juror.
"There is no evidence any juror received that information, but we are worried by the fact that one of the matters discussed was the transfer of the case to Hereford," Lord Justice Kay said.
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