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Tuesday, 14 November, 2000, 20:03 GMT
Murder case reopens after 27 years
![]() Stephen Downing with his parents during weekend leave
A man with learning difficulties is to have his 1973 murder conviction referred to the Court of Appeal.
Stephen Downing was jailed in 1973 for the murder of 32-year-old typist Wendy Sewell in a cemetery in Bakewell, Derbyshire. Downing, who was 17 at the time and worked at the cemetery, says he discovered Mrs Sewell's body covered in blood. But he was charged with her murder after she died later in hospital without identifying her assailant.
His family accused the commission, which took three years to refer the case, of dragging its feet. The Downing family's solicitor, Tim Reeves, said his client was "obviously very pleased". "His legal team will now be working out the next phase," he said. Downing, 44, was eligible for parole 10 years ago but has remained in jail because he continues to deny any part in Miss Sewell's murder. Earlier this year the Home Office refused to transfer him to an open jail despite the recommendation of the Parole Board. The editor of the Matlock Mercury, Don Hale, has campaigned for Downing's release for more than six years. He said: "I am absolutely delighted. We are all thrilled but it has been a long hard slog for all of us. "The evidence we believe was overwhelming and I would have been surprised if it had gone any other way." He said he hoped Downing could be released on bail later on Tuesday. Confession Downing, who had the reading age of an 11-year-old, signed a statement confessing to the attack hours after Mrs Sewell was found.
Campaigners say the statement contains numerous inaccuracies, his fingerprints were not on the murder weapon, and the alibi of the initial prime suspect has collapsed. Furthermore a bloody palm print was found belonging to another person, as were rogue hair and fibres. At his trial the jury, who were unaware of his limited mental capacity, took just one hour to reach a unanimous guilty verdict. Downing, currently being held in Littlehey prison in Huntingdon, Cambridgeshire, was told of the decision on Tuesday. His solicitor is now expected to apply for him to be released on bail pending a further hearing. Referrals to the Court of Appeal can take up to six months to be heard.
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