Statements Withheld from the Defence
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In total, 164 statements including fingerprint evidence and changing statements of witnesses were suppressed from the Defence, the Magistrate's court and the Trial in March 1967, as well as the Jury, Judge at the Appeal in 1968.
Below is an index of 42 Statements made by witnesses in the police investigation, people who passed Pesspool Bridge from 11:50pm on January 4th to 5:15am January 5th.
The following is a list of witnesses:
- 11:50pm - P.C. Grierson & P.C. Hafferty: written statements swearing the road was deserted and there were no other cars travelling in the opposite direction to them in South Hetton at that time.
- 12:10am - Mauro Terry: saw no motor vehicle stationary under or near Pesspool Bridge at that time.
- 12:20am - P.C. Ainsworth saw a Mark X Jaguar and a Red Mini pass them (FACT: the paint and undercoat layers from a red Mini are exactly the same as the paint and undercoat layers of a Red E-Type).
- 12:30 am- Mr. Ord saw a dark coloured Mark X UNDER Pesspool Bridge (not prior to it). He did not see any damage.
- 12:35am - Mr. Lee saw a Mark X UNDER the bridge - no damage to it.
- 12:45am - Mr. Miller saw a Mark X UNDER the bridge - no damage to it, no dead body inside it.
- 12:45am - Mr. McLeall(Bus Driver) saw a Mark X UNDER the bridge - no damage to it.
- 12:45am - Mr. Forster saw a Mark X UNDER the bridge - no damage to it.
- 12:47am - Mr. Feather(Bus Driver) saw a Mark X UNDER the bridge and an arm that came out of the driver's window and giving him the overtake signal. At this time the Prosecution claim that only a dead body was in the car, not a live one. Undisputed fact at this time is that Stafford and myself were at the Bird Cage Club in Newcastle 18 miles away.
- 12:55am - Mr. Conroy saw a Mark X UNDER the bridge - "At the time when I passed the vehicle I am certain that if that vehicle had been damaged I would have noticed it." He also did not notice anyone in the car.
- 1:07am - Mr. & Mrs. Robinson passed the Mark X UNDER the bridge on the same side of the road but it was facing the wrong way. It had been completely turned around. They were astounded to see the front of a Mark X Jaguar facing them. "We slowed down at this point thinking someone may be in trouble." Mr. Robinson had his headlights on, and there was definitely no damage to the front of the car, all the windows were intact. The front and rear seats were completely empty. There was definitely no body in the car.
- 1:10am - Mr. Sturrock saw a Mark X just before the bridge - "This car was parked at an acute angle to the curb -- the interior light was on." (The Mark X was in the process of being turned around)
- 1:12am - Mr. Johnson saw a Mark X "S" type (different model to Angus's Mark X) parked just prior to the bridge. (the Mark X had been facing the other way at this point and nearly back into its position under the bridge)
- 1:15am - Mr McLeall (Bus Driver) passed the Mark X again under the bridge. He had his headlights on which flood lighted the front of the car and it was still not damaged at this point.
- 1:30am - Mr. Gibson did not see any cars at all parked stationary near to or under the bridge. The Mark X was not there at all!
- 1:40am - Mr. Wilson saw a Mark X under the bridge. There was no damage to the front of the car and the rear offside window was intact.
- 1:40am - Mr. Sutton saw a Mark X under the bridge. There was no damage to the front of the car and the rear offside window was intact.
- 1:50am - Mr. Wood saw a Mark X under the bridge. The passenger front and rear doors were open, there were pointed toe shoe prints in the snow leading away from car (miners wore work boots not pointed toe shoes). At the time the police claimed the murder was committed, it wasn't snowing, so how could the footprints be those of Luvaglio or Stafford when they were in the Bird Cage Club from 12:30 onwards? There was no damage to the front of the car (Mr. Wood was standing 2 inches away from it. He opened the passenger door. The rear was completely empty, no body on the back seat and all windows were intact. Why didn't the police find Mr.Woods fingerprints on the Mark X while it was in their custody at the Police Yard? This makes the likelihood of a second Jaguar plausible.
- 1:55am - Mr. McLelement passed the Mark X under the bridge. He had his headlights on and noticed no damage to the car, no body in it either.