Monday, April 13, 2009

MARK DALLAGHER CASE: PART THREE; BBC REPORT OF HIS MURDER CONVICTION LAUDED ROLE PLAYED BY "EXPERT" EARPRINT EVIDENCE; "A GREAT STEP FORWARD";


"NORMAN SARSFIELD, OF WAKEFIELD CROWN PROSECUTION SERVICE, SAID THE VERDICT WAS "A GREAT STEP FORWARD FOR FORENSIC EVIDENCE".

HE SAID: "THIS IS PROBABLY THE FIRST TIME THAT SUCH EVIDENCE HAS BEEN USED SUCCESSFULLY IN A MURDER TRIAL AND WILL FORM THE BASIS OF CASE LAW IN THE FUTURE.

"IN PLANNING TO USE THE EAR-PRINT EVIDENCE WE SOUGHT THE ADVICE OF EXPERTS IN ORDER TO PROVE THAT IT COULD NOT HAVE BELONGED TO ANYONE ELSE." "

BBC CORRESPONDENT: JOHN CUNDY;

-------------------------------------------------------------------------------
UK: The BBC's December 15, 1998 report lauded the contribution expert earprint evidence had made to Mark Dallagher's murder conviction;

Readers would have rested content that thanks to science the right man had been convicted and justice was done - which, of course, turned out to be anything but the truth;

The story, by correspondent John Cundy, ran under the heading, "Ear print catches murderer." (Dallagher who had vociferously protested his innocence from the outset was now a murderer);

Sub-headings included: "Dorothy Wood (centre) was suffocated with a pillow during a burglary," and, "An innovative if bizarre piece of evidence," "Dallagher's distinctive earprint was found on Mrs Wood's window," and "Great step forward."

"A man has been convicted of murdering an elderly spinster on the basis of "earprint" evidence, in what is believed to be a legal first," Cundy's report began.

"Mark Dallagher, 25, from Huddersfield, West Yorkshire, was caught after police matched an imprint left on the window of the 94-year-old victim's home with his ear," the report continued;

"Dorothy Wood, who was frail and profoundly deaf, was smothered with a pillow at her home in Fartown, Huddersfield in May 1996. the report continued;

"The court heard evidence during the two-week trial from international ear experts including Cornelis Van Der Lugt of the Netherlands, that the ear print was a unique match to Dallagher.

Detectives believe Dallagher put his ear to Mrs Wood's window to listen for signs of anyone in the house.

Norman Sarsfield, of Wakefield Crown Prosecution Service, said the verdict was "a great step forward for forensic evidence".

Jonathan Hallewell reports: Dallagher denied being the murderer
He said: "This is probably the first time that such evidence has been used successfully in a murder trial and will form the basis of case law in the future.

"In planning to use the ear-print evidence we sought the advice of experts in order to prove that it could not have belonged to anyone else."

Dallagher, who denied murder, was jailed for life at Leeds Crown Court.

Afterwards his sister, who declined to give her name, insisted he was innocent and said she planned to appeal."


Harold Levy...hlevy15@gmail.com;