Convictions for killing quashed

TWO MEN had their convictions for the manslaughter of an elderly recluse quashed yesterday after it was alleged that vital evidence was planted on them.

James Blake, 61, and Francis Hart, 35, were jailed for eight years and 10 years respectively in Ferbuary 1990 after being convicted of manslaughter and burglary. It was claimed at their trial at the Old Bailey that they had killed David Berman, 64, at his flat in Hackney, east London, in July 1988 and that items linking them with the crime had been planted at their homes.

The Court of Appeal heard yesterday that the exhibits officer in the case, former detective constable Roy Lewandowski, who found the items implicating the men, was convicted last November of stealing property from Mr Berman's home. Lewandowski is serving an 18-month prison sentence.

At yesterday's hearing, the Crown Prosecution Service said it would not be contesting the apppeals. Lord Taylor, the Lord Chief Justice, sitting with Mr Justice Judge and Mr Justice Hidden, said: 'This court wishes to express its deep regret that any police officer should have behaved in this way and as a result a trial should have resulted in convictions based clearly on tainted evidence.'

After the hearing, Mr Blake, who suffers from heart disease, claimed he was physically handicapped as a result of his imprisonment. 'I was in prison for three years, 10 months, 27 days and one hour. I am angry and bitter at having been put there for a crime I did not commit.'

Mr Hart said he would be seeking compensation. 'I don't label the whole force for a few bad apples. I feel great now but also very aggrieved that four and a half years of my life have gone and can never be replaced.'

Mr Berman was found in his flat in July 1988; it was believed he had been there for four weeks after dying from asphyxia caused by a gag.

At their trial, the prosecution said that Mr Blake, of Sidcup and Mr Hart, of Erith, both south-east London, went to Mr Berman's flat to burgle it and to rough him up at the instigation of another man who wanted him out so his property could be developed. The men always claimed that they had been framed by the police and that items linking them with the crime had been planted at their homes.