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Last Updated: Thursday, 31 July, 2003, 19:22 GMT 20:22 UK
Men cleared of 1970 murder
Michael McMahon and David Cooper
Michael McMahon and David Cooper in 1981
Two men found guilty of killing a sub postmaster in Luton 34 years ago have had their convictions quashed at the Court of Appeal.

Three appeal court judges ruled that the convictions of David Cooper and Michael McMahon were unsafe.

The men were sentenced to life for the murder of 56-year-old Reginald Stevens in a bungled robbery.

Both men died protesting their innocence after being released but not cleared by the home secretary in 1980.

This was the sixth time the case - known as the "Luton post office murder" - had been considered by the Court of Appeal.

Although it's a good result, it's 34 years late
Susan McMahon
Widow of Michael McMahon
David Cooper, also known as John Disher, and Michael McMahon were convicted in March 1970 of the murder of Mr Stevens.

He was shot in a bungled robbery near a Luton post office in September 1969. Mr Cooper died in July 1995 aged 51 and Mr McMahon, in July 1999, of a heart attack at the age of 55.

Terry Disher, Mr Cooper's brother, said: "My brother should have been exonerated many years ago. I know how he felt - he felt bitter like I did.

"It took a long time for justice to be done."

Doubts about witnesses

In 1980, after a number of unsuccessful appeal procedures, the then home secretary, William Whitelaw, ordered the release of both men from their life sentences - but he did not quash their convictions.

The appeal was based on doubts over the credibility and reliability of prosecution witnesses and on Detective Chief Superintendent Kenneth Drury, the officer in charge of the murder investigation.

Terry Disher and Susan McMahon
Michael McMahon's widow Susan and Terry Disher, brother of David Cooper
Lord Justice Kennedy said at the Appeal Court on Thursday that there were "now a number of matters which can be described as causes for genuine concern when evaluating the safety of these convictions".

During the recent hearing of the appeal, a QC, on behalf of relatives of the men, told the judges that the proceedings represented the final chapter in what could be described as one of the longest-running and most controversial criminal cases in English legal history.

Fresh evidence

Ben Emmerson QC, representing Mr Cooper's brother Terry Disher and Mr McMahon's widow Susan, told the court that, in the light of fresh evidence, "there can be no doubt in our submission that these convictions are now to be regarded as unsafe".

He said that investigations conducted by the appellants' solicitors and the Criminal Cases Review Commission had uncovered a considerable volume of fresh evidence.

Mr McMahon's widow, Susan, said: "Although it's a good result, it's 34 years late.

"It's just a shame that Mick and John are not here. It would have been their day in court. It's saddening."




WATCH AND LISTEN
The BBC's Daniel Boettcher
"Relatives say it's much too late"



SEE ALSO:
Ruling delayed on 1970 murder
01 Jul 03  |  Beds/Bucks/Herts
Appeal over 30-year-old murder
28 Jun 03  |  Beds/Bucks/Herts
Neighbour killer wins case review
15 Apr 03  |  Hampshire/Dorset


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