Non-disclosure leads to collapse in Morgan trial

The case of three men about to stand trial for the killing of private detective Daniel Morgan 24 years ago has collapsed due to the discovery of evidence not previously disclosed by the police.

Mr Morgan was found dead with an axe in his head outside the Golden Lion pub in south-east London in March 1987.

No-one has yet been prosecuted for the killing despite five police enquiries and accusations of police corruption and a cover up plaguing the case.

Five people were arrested in 2008 but two, including a former detective accused of perverting the course of justice, were discharged after a string of ‘supergrasses’ were discredited.

Former Detective Sergeant Sid Fillery, 63, was discharged in February 2010. Mr Fillery had moonlighted at Mr Morgan’s private detective firm, Southern Investigations, and later joined the company as a partner in 1988. He was part of the original failed murder inquiry and interviewed Mr Morgan’s business partner, Jonathan Rees under caution.

James Cook was also cleared at an earlier hearing.

Mr Rees and his brothers-in-law, Glenn and Garry Vian were cleared of murder on Friday.

Mr Morgan’s brother, Alistair said that he believes his brother was killed because he was about to expose police corruption.

“It was obvious my brother was going to blow the lid off the links between the police and criminals,” he added.

Mr Morgan’s family said that the criminal justice system was not fit for purpose.

Alastair Morgan added: “For almost a quarter of a century, my family has done everything democratically and legally possible to secure justice for Daniel.

“For much of this time, we have encountered stubborn obstruction, and worse, at the highest levels of the Metropolitan Police.

“We have found an impotent police complaints system. And we have met with inertia, or worse, on the part of successive governments. We have been failed utterly by all of the institutions designed to protect us.”

Several of the key witnesses in the case were alleged to be “supergrasses” but their honesty and integrity was questioned to the point that they were no longer able to stand as credible witnesses.

The Crown Prosecution Service said: “We were, until yesterday, satisfied that there was sufficient evidence for a realistic prospect of conviction. However, we must continuously review prosecutions to ensure that it is both fair and appropriate that they continue. We no longer believe this prosecution should continue.

“In December 2009, the police revealed a large amount of material to us that had not been considered for disclosure before. There was then considerable legal argument on whether it was possible for the case to proceed. Officers assured the court that there was no further unconsidered material. The judge was considering this matter when, on Friday 4 March 2011, the police revealed further material that had not been previously considered.

“We have decided that a prosecution cannot continue in these circumstances. We cannot be confident that the defence necessarily have all of the material that they are entitled to. This point would be raised by the defence during any trial, so we are no longer satisfied that there is sufficient evidence for a realistic prospect of conviction.”