A MAN who twice confessed to killing a North Yorkshire villager dramatically won his freedom today after the case against him collapsed.
After more than three days of legal argument at Leeds Crown Court, the prosecution offered no evidence against James Payling, 20, of Kirkgate, Ripon.
Mr Payling had pleaded not guilty to murdering Mr Williamson near to his home at Sutton-on-the-Forest, near York, in March 2001.
Mr Williamson was found lying unconscious by the roadside. His skull had been fractured and he died several hours later.
Mr Justice Royce today entered a formal not guilty verdict on the murder charge, despite earlier saying there were "quite strong" indications Mr Payling had killed Mr Williamson. The judge yesterday ruled that a confession made by Mr Payling on January 13, 2002, was inadmissible, because there had been a breach of procedure.
The confession was made under the "cell intervention" technique under which officers were speaking to Mr Payling in his police cell about a number of other criminal matters.
The interventions were defined in court as a police "intelligence gathering" technique.
During the interview, Mr Payling admitted to killing Mr Williamson. However, a caution had not been in place from the start of the conversation, and certain forms were not signed.
Mr Justice Royce also ruled that a separate confession, made two days later, was inadmissible, because of the flaws under which the first confession was obtained.
"The decision one has to reach in these circumstances is never easy, and I am acutely conscious of the fact that there are in many respects quite strong indications that this defendant may have
been responsible for the murder of Mr Williamson. I have to consider also whether it would be possible for him to have a fair trial."
Mr Justice Royce also criticised North Yorkshire Police for
the way it handled the "cell intervention" and called on the force to re-examine its techniques.
Using "cell intervention" was not an appropriate method for interviewing someone admitting to
involvement in a serious crime, he said.
He said: "It may necessitate further training and consideration by the North Yorkshire force if problems of the sort encountered in this case are not to be repeated. It is fundamental, it is common ground, that when there are grounds to suspect a person of an offence he must be cautioned."
Detective Inspector Kevin Ross, of North Yorkshire police, said today he accepted the decision of the courts. "I am not particularly disappointed because I feel that justice has been done today," he said. He said the investigation into Mr Williamson's death would continue.
Updated: 13:45 Thursday, July 24, 2003
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