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Profumo affair scapegoat's wrongful conviction down to top judges, says QC Profumo affair scapegoat's wrongful conviction down to top judges, says QC
(1 day later)
Senior judges were to blame for the wrongful conviction of osteopath Stephen Ward who become a public scapegoat during the Profumo affair, according a fresh legal examination of the 1963 trial.Senior judges were to blame for the wrongful conviction of osteopath Stephen Ward who become a public scapegoat during the Profumo affair, according a fresh legal examination of the 1963 trial.
Geoffrey Robertson QC's book on the trial, in which "judicial misconduct" is a central theme, was sent to the Criminal Case Review Commission (CCRC) with the aim of overturning the verdict.Geoffrey Robertson QC's book on the trial, in which "judicial misconduct" is a central theme, was sent to the Criminal Case Review Commission (CCRC) with the aim of overturning the verdict.
Ward killed himself on the last day of his trial and was found guilty of living off the earnings of prostitutes – supposedly Christine Keeler and Mandy Rice-Davies.Ward killed himself on the last day of his trial and was found guilty of living off the earnings of prostitutes – supposedly Christine Keeler and Mandy Rice-Davies.
He had originally introduced Keeler to the war minister John Profumo beside the swimming pool at Cliveden, the Thames-side country house owned by Nancy Astor.He had originally introduced Keeler to the war minister John Profumo beside the swimming pool at Cliveden, the Thames-side country house owned by Nancy Astor.
Keeler and Profumo went on to have an affair which culminated in his resignation when it was revealed she had also been seeing Yevgeny Ivanov, a Soviet naval attache and spy.Keeler and Profumo went on to have an affair which culminated in his resignation when it was revealed she had also been seeing Yevgeny Ivanov, a Soviet naval attache and spy.
Fifty years on, fascination with the extraordinary sequence of events led Andrew Lloyd-Webber to write a musical entitled Stephen Ward, which opens in the West End on Tuesday.Fifty years on, fascination with the extraordinary sequence of events led Andrew Lloyd-Webber to write a musical entitled Stephen Ward, which opens in the West End on Tuesday.
Inspired by that show, Roberston's book – Stephen Ward was Innocent, OK – points out that neither Keeler nor Davies were prostitutes and that it was they who lived off Ward's income as an osteopath and successful portrait painter.Inspired by that show, Roberston's book – Stephen Ward was Innocent, OK – points out that neither Keeler nor Davies were prostitutes and that it was they who lived off Ward's income as an osteopath and successful portrait painter.
But the main thrust of Robertson's CCCR submission is that crucial evidence was wrongly withheld from the jury while the trial judge, Sir Archie Marshall, misdirected jurors on significant legal points.But the main thrust of Robertson's CCCR submission is that crucial evidence was wrongly withheld from the jury while the trial judge, Sir Archie Marshall, misdirected jurors on significant legal points.
Lord Parker, lord chief justice at the time, and Lord Widgery, his successor, Robertson maintains, failed to pass on evidence to Marshall that Keeler was an unreliable witness.Lord Parker, lord chief justice at the time, and Lord Widgery, his successor, Robertson maintains, failed to pass on evidence to Marshall that Keeler was an unreliable witness.
She was subsequently convicted of perjury following Ward's trial.She was subsequently convicted of perjury following Ward's trial.
"In this case we have judicial misconduct from two [past] lord chief justices, Lord Parker and Lord Widgery," Robertson said at a press conference to launch the campaign to obtain a posthumous acquittal for Ward. "They sent a misleading note to the Ward trial saying nothing they had seen cast a shadow on Christine Keeler's credibility. It's a sad moment in British judicial history that judges should have withheld evidence of great importance to the defence.""In this case we have judicial misconduct from two [past] lord chief justices, Lord Parker and Lord Widgery," Robertson said at a press conference to launch the campaign to obtain a posthumous acquittal for Ward. "They sent a misleading note to the Ward trial saying nothing they had seen cast a shadow on Christine Keeler's credibility. It's a sad moment in British judicial history that judges should have withheld evidence of great importance to the defence."
Robertson's book, which has 12 grounds for challenging the conviction, says the trial judge wrongly informed the jury that they could infer Ward's guilt from the presumption that his friends had deserted him, described Ward, 50, as immoral, and misunderstood the Sexual Offences Act.Robertson's book, which has 12 grounds for challenging the conviction, says the trial judge wrongly informed the jury that they could infer Ward's guilt from the presumption that his friends had deserted him, described Ward, 50, as immoral, and misunderstood the Sexual Offences Act.
Robertson said there was a strong sense of "Christian solidarity" among the senior judges and the then home secretary, Sir Henry Brooke, who directly encouraged the police to bring the prosecution against Ward – seen as a promiscuous atheist – in order to "shut him up". Robertson said there was a strong sense of "Christian solidarity" among the senior judges and the then home secretary, Henry Brooke, who directly encouraged the police to bring the prosecution against Ward – seen as a promiscuous atheist – in order to "shut him up".
Rice-Davies, now 69, was at the press conference to support the campaign. Suffering from laryngitis, she managed to declare: "The truth never sleeps. Ever."Rice-Davies, now 69, was at the press conference to support the campaign. Suffering from laryngitis, she managed to declare: "The truth never sleeps. Ever."
Lloyd-Webber, who supported the campaign, said: "The more I talked about Stephen Ward, the more I found people who were junior professionals at the time saying that the Stephen Ward affair was a gross miscarriage if justice."Lloyd-Webber, who supported the campaign, said: "The more I talked about Stephen Ward, the more I found people who were junior professionals at the time saying that the Stephen Ward affair was a gross miscarriage if justice."
Among those who deserted Ward at the time, was the security service MI5, which had used the osteopath in an attempt to recruit Ivanov and turn him away from his Soviet loyalties.Among those who deserted Ward at the time, was the security service MI5, which had used the osteopath in an attempt to recruit Ivanov and turn him away from his Soviet loyalties.
Court transcripts and legal inquiries about the affair by Lord Denning remain closed at the National Archive. Robertson's submission to the CCRC requests it first looks at the documentary material which, in certain cases, is due to remain secret until the year 2046.Court transcripts and legal inquiries about the affair by Lord Denning remain closed at the National Archive. Robertson's submission to the CCRC requests it first looks at the documentary material which, in certain cases, is due to remain secret until the year 2046.
Anthony Burton, the solicitor who lodged the submission, said: "The CCRC has the power to request disclosure of information and we hope that its first requests will be to look at the transcript."Anthony Burton, the solicitor who lodged the submission, said: "The CCRC has the power to request disclosure of information and we hope that its first requests will be to look at the transcript."
Lord Hutchinson, 98, a leading defence lawyer of the period, who backed the campaign, said: "It's unbelievable that a transcript of a summing up at the Old Bailey should be shrouded in secrecy." The legal submission is also endorsed by two recent directors of public prosecution, Lord Macdonald and Keir Starmer QC.Lord Hutchinson, 98, a leading defence lawyer of the period, who backed the campaign, said: "It's unbelievable that a transcript of a summing up at the Old Bailey should be shrouded in secrecy." The legal submission is also endorsed by two recent directors of public prosecution, Lord Macdonald and Keir Starmer QC.
Robertson compared the establishment coverup over Ward to France's Dreyfus affair. He said: "This will provide an opportunity for the Court of Appeal to reconsider the worst unrectified miscarriage of justice in modern British history."Robertson compared the establishment coverup over Ward to France's Dreyfus affair. He said: "This will provide an opportunity for the Court of Appeal to reconsider the worst unrectified miscarriage of justice in modern British history."
• This article was amended on 3 December 2013 because the original referred to the home secretary at the time of the Profumo affair as Sir Henry Brooke. Brooke was not knighted.
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