After spending 35 years in prison for a murder that might not have happened, Clive Freeman’s case is finally receiving renewed attention. This comes after a series of revelations raised significant doubts about the original conviction.
Fresh Toxicology Report Raises Questions
In light of these doubts, an independent toxicology report has been commissioned to reassess the death of Alexander Hardie, a vagrant whose death Freeman was convicted of causing in 1989. The move is seen as a critical step that could lead to the case being referred to the Court of Appeal, potentially paving the way for Freeman’s exoneration.
Freeman, a former polo-playing landowner, was found guilty of using a suffocation technique known as “burking”—a method associated with the 19th-century body snatchers Burke and Hare, who murdered victims to sell their bodies for medical dissection. However, several top pathologists and forensic experts have since questioned this theory, suggesting that Hardie’s death was more likely caused by a combination of alcohol and prescription drugs. Many now believe that the official cause of death should be listed as “unascertained.”
Original Analysis Under Scrutiny
The new toxicology report revisits the original findings of Dr. Richard Shepherd, the Crown’s pathologist, who initially concluded that Hardie was not murdered. In 2017, Professor Nicholas Birch, a consulting pharmacologist, criticized Dr. Shepherd’s work, revealing that crucial contemporaneous notes from the post-mortem were not disclosed to the defense during Freeman’s trial. These notes indicated that the cause of death might have been alcohol and acute pancreatitis, a far cry from the dramatic suffocation theory presented in court.
Professor Birch also noted that early examinations found no evidence of bruising on Hardie’s back, contrary to what was later claimed at trial. This oversight, coupled with the withheld evidence, may have unfairly influenced the jury’s verdict.
A Push for Justice
The Criminal Cases Review Commission (CCRC), which investigates potential miscarriages of justice, has now taken steps to retrieve the original prosecution case files. This development is seen as potentially crucial, especially in light of claims that key police evidence was withheld from Freeman’s defense team before his trial at the Old Bailey.
Freeman, now 81 and suffering from advanced prostate cancer, remains far from his family in South Africa. Tony Thompson, a former police chief who is leading the campaign for Freeman’s justice, continues to push for his release.
Prioritizing the Case
Given Freeman’s age and deteriorating health, the CCRC has confirmed that the review of his case is being treated as a priority. Meanwhile, Dr. Shepherd has not responded to repeated requests for comment regarding his role in the original investigation. The outcome of this new inquiry could finally bring some closure to a case that has haunted Freeman for decades.
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