'M25 Three' denied fair trial, rules court

Two members of the so-called M25 Three - jailed for life in 1990 for a string of violent robberies, one of which led to the murder of a hairdresser - have received a major boost in the bid to clear their names

Two members of the so-called M25 Three - jailed for life in 1990 for a string of violent robberies, one of which led to the murder of a hairdresser - have received a major boost in the bid to clear their names

The European Court of Human Rights has ruled that they were denied their right to a fair trial.

The case against Raphael Rowe and Michael Davis violated Article 6 - the right to a fair trial - the court unanimously held.

The ruling brought immediate calls by Rowe's lawyer for his release from prison.

The court found that significant evidence was unjustly withheld by the prosecution at the gang's trial.

It upheld Rowe and Davis's complaint that "gagging orders" had prevented their defence team from seeing crucial documents.

Today's ruling said the procedure followed at that hearing "was not compatible with the right to a fair trial".

The European Commission of Human Rights had already ruled in the men's favour that their trial had been "compromised" by the prosecution's use of the Public Interest Immunity certificates.

The case has also been sent back to the UK Court of Appeal by the Criminal Cases Review Commission.

The men, from Sydenham, south London, were convicted of the murder in Warlingham, Surrey, of Peter Hurburgh, who was dragged with his homosexual lover from his car at gunpoint, tied up, beaten and doused with petrol when he refused to hand over his keys.

Mr Hurburgh, a hairdresser, had a weak heart and the assault caused a fatal heart attack.

Later on the same night men broke into the home of a retired businessman in Oxted and stabbed his 40-year-old son. The next attack took place in a house in Fetcham where a couple were tied up as their home was ransacked.

The violent nature of the robberies shocked police and local residents and a £25,000 reward was offered for information on the gang.

The initial description of the perpetrators, given to police by victims and issued to the public, was of a gang of two white men and a black man.

One victim described one of the gang as being fair haired and blue eyed.

However, the three men arrested and eventually convicted were all black.