Difference between revisions of "John Berry"

From Wikispooks
Jump to navigation Jump to search
m (Text replacement - " terrorism" to " "terrorism"")
m (remove erroneous ABC case references)
Line 1: Line 1:
 
{{person
 
{{person
|image=ABC_Trial.jpg
+
|image=
 
|image_width=300px
 
|image_width=300px
 
|constitutes=marine commando, signals intelligence operator, businessman
 
|constitutes=marine commando, signals intelligence operator, businessman
|description=Prosecuted and found guilty at the ABC Trial. John Berry was later imprisoned for "terrorism" offences but the conviction was quashed.
+
|description=John Berry was imprisoned for "terrorism" offences but the conviction was quashed.
 
}}
 
}}
'''John Rodney Francis Berry''' is a former marine, [[SIGINT]] operator and businessman (''pictured right'') who, with [[journalist]]s [[Duncan Campbell]] (''left'') and [[Crispin Aubrey]] (''centre''), was arrested in February 1977 and prosecuted in 1978 under the [[Official Secrets Act 1911]]. They were convicted at the [[ABC Trial]] in November 1978 and given non-custodial sentences.<ref>[http://www2.warwick.ac.uk/fac/soc/pais/people/moran/classified/abc/ "The ABC Trial"]</ref>
+
'''John Rodney Francis Berry''' is a former marine, [[SIGINT]] operator and businessman.
  
 
On 25 May 1983, John Berry was sentenced to 8 years in [[prison]] after being convicted of "[[terrorism]]". The case revolved around electronic timers, which John Berry had supplied to a [[Syria]]n customer. The prosecution claimed that the devices were specifically designed for terrorist purposes and supplied in the knowledge that they would be used by terrorists. The Crown case relied largely on expert witness [[Alan Feraday]], who told Chelmsford Crown Court:
 
On 25 May 1983, John Berry was sentenced to 8 years in [[prison]] after being convicted of "[[terrorism]]". The case revolved around electronic timers, which John Berry had supplied to a [[Syria]]n customer. The prosecution claimed that the devices were specifically designed for terrorist purposes and supplied in the knowledge that they would be used by terrorists. The Crown case relied largely on expert witness [[Alan Feraday]], who told Chelmsford Crown Court:
 
:"As a result of an examination of the timing device I came to the conclusion that it was specifically designed and constructed for a terrorist purpose, that is to say to be attached to an [[time bomb|explosive device]]."
 
:"As a result of an examination of the timing device I came to the conclusion that it was specifically designed and constructed for a terrorist purpose, that is to say to be attached to an [[time bomb|explosive device]]."
On 28 September 1993, [[Peter Taylor|Lord Chief Justice Taylor]] overturned John Berry's conviction,<ref>[https://www.lccsa.org.uk/r-v-berry-john-rodney-francis-no-3-1993/ "R V BERRY (JOHN RODNEY FRANCIS) (NO.3) (1993)"]</ref> stating:
+
On 28 September 1993, [[Peter Taylor|Lord Chief Justice Taylor]] overturned Berry's conviction,<ref>[https://www.lccsa.org.uk/r-v-berry-john-rodney-francis-no-3-1993/ "R V BERRY (JOHN RODNEY FRANCIS) (NO.3) (1993)"]</ref> stating:
 
:The trial judge, in summing up, did not convey that the jury had to be sure that the maker intended the timer to be used to cause explosions. The judge also failed to deal adequately with the defence that the explosive substance was made for a 'lawful object'.<ref>[http://www.independent.co.uk/news/uk/law-report-powers-of-appeal-should-be-clarified-regina-v-berry--court-of-appeal-criminal-divisionlord-taylor-of-gosforth-lord-chief-justice-mr-justice-otton-and-mr-justice-kay-28-september-1993-1508917.html "Law Report: Powers of appeal should be clarified: Regina v Berry - Court of Appeal (Criminal Division)(Lord Taylor of Gosforth, Lord Chief Justice, Mr Justice Otton and Mr Justice Kay), 28 September 1993"]</ref>
 
:The trial judge, in summing up, did not convey that the jury had to be sure that the maker intended the timer to be used to cause explosions. The judge also failed to deal adequately with the defence that the explosive substance was made for a 'lawful object'.<ref>[http://www.independent.co.uk/news/uk/law-report-powers-of-appeal-should-be-clarified-regina-v-berry--court-of-appeal-criminal-divisionlord-taylor-of-gosforth-lord-chief-justice-mr-justice-otton-and-mr-justice-kay-28-september-1993-1508917.html "Law Report: Powers of appeal should be clarified: Regina v Berry - Court of Appeal (Criminal Division)(Lord Taylor of Gosforth, Lord Chief Justice, Mr Justice Otton and Mr Justice Kay), 28 September 1993"]</ref>
  
Line 16: Line 16:
  
 
==Conviction quashed then restored==
 
==Conviction quashed then restored==
On 26 March 1984 the Court of Appeal (Dunn L.J., Stacker and Jupp JJ.) [1984] 1 W.L.R. 824 allowed John Berry's appeal and quashed the conviction.
+
On 26 March 1984 the Court of Appeal (Dunn L.J., Stacker and Jupp JJ.) [1984] 1 W.L.R. 824 allowed Berry's appeal and quashed the conviction.
  
On 29 November 1984 the [[House of Lords]] (Lord Fraser of Tullybelton, Lord Scarman, Lord Diplock, Lord Roskill and Lord Brandon of Oakbrook) [1985] A.C. 246 ordered that the decision of the Court of Appeal be reversed and Berry's conviction be restored. During the proceedings in the House of Lords John Berry absconded to [[Spain]]. On 24 February 1989 Berry was expelled by the Spanish authorities and arrested at London airport.
+
On 29 November 1984 the [[House of Lords]] (Lord Fraser of Tullybelton, Lord Scarman, Lord Diplock, Lord Roskill and Lord Brandon of Oakbrook) [1985] A.C. 246 ordered that the decision of the Court of Appeal be reversed and Berry's conviction be restored. During the proceedings in the House of Lords Berry absconded to [[Spain]]. On 24 February 1989 Berry was expelled by the Spanish authorities and arrested at London airport.
  
 
==Second appeal adjourned==
 
==Second appeal adjourned==

Revision as of 09:20, 17 November 2017

Main.png John BerryRdf-entity.pngRdf-icon.png
(marine commando, signals intelligence operator, businessman)
Member ofAmerican Australian Association
John Berry was imprisoned for "terrorism" offences but the conviction was quashed.

John Rodney Francis Berry is a former marine, SIGINT operator and businessman.

On 25 May 1983, John Berry was sentenced to 8 years in prison after being convicted of "terrorism". The case revolved around electronic timers, which John Berry had supplied to a Syrian customer. The prosecution claimed that the devices were specifically designed for terrorist purposes and supplied in the knowledge that they would be used by terrorists. The Crown case relied largely on expert witness Alan Feraday, who told Chelmsford Crown Court:

"As a result of an examination of the timing device I came to the conclusion that it was specifically designed and constructed for a terrorist purpose, that is to say to be attached to an explosive device."

On 28 September 1993, Lord Chief Justice Taylor overturned Berry's conviction,[1] stating:

The trial judge, in summing up, did not convey that the jury had to be sure that the maker intended the timer to be used to cause explosions. The judge also failed to deal adequately with the defence that the explosive substance was made for a 'lawful object'.[2]

Prosecution

John Berry was the oldest of forensic expert Alan Feraday's high profile cases when the former Royal Marine Commando was prosecuted in 1983. He was charged with an offence under section 4 of the Explosive Substances Act 1883, namely the making of a number of electronic timers in such circumstances as gave rise to a reasonable suspicion that they were not made for a lawful object. At the trial the Crown had alleged that Berry's company was selling electronic timers that were designed and intended for use by terrorists to construct time bombs. Berry claimed they had been supplied to the Syrian government and that they had numerous uses including for airport landing lights. But Judge Greenwood was swayed by the Crown's lone expert witness, Alan Feraday who stated: "I am of the opinion that they have most probably been specifically designed and constructed for terrorist purposes. I am unable to contemplate their use other than in a bombing context."

Conviction quashed then restored

On 26 March 1984 the Court of Appeal (Dunn L.J., Stacker and Jupp JJ.) [1984] 1 W.L.R. 824 allowed Berry's appeal and quashed the conviction.

On 29 November 1984 the House of Lords (Lord Fraser of Tullybelton, Lord Scarman, Lord Diplock, Lord Roskill and Lord Brandon of Oakbrook) [1985] A.C. 246 ordered that the decision of the Court of Appeal be reversed and Berry's conviction be restored. During the proceedings in the House of Lords Berry absconded to Spain. On 24 February 1989 Berry was expelled by the Spanish authorities and arrested at London airport.

Second appeal adjourned

On 12 October 1989 the Court of Appeal (Watkins L.J., Tucker and Morland JJ.) adjourned Berry's appeal against sentence, pending an application that the Court could hear an appeal against conviction on grounds of appeal which had been argued but not decided in the Court of Appeal and which remained undecided by the House of Lords.[3]

Second quashing

After a reference by Home Secretary Michael Howard, the Court of Appeal finally quashed John Berry's conviction on 28 September 1993. The decision is reported at R v Berry (No.3) [1995] 1 WLR 7.[4] The Court of Appeal heard fresh evidence from four experts, including Major Lewis and Dr Michael Scott, and stated that each of them disagreed with Alan Feraday’s "extremely dogmatic conclusion" about the timers, which they each felt were timers and nothing more, and which could be put to a variety of uses. In particular, whereas the absence of an inbuilt safety device in the timers might exclude their use by Western armies, the same could not be said of armies in the Middle East. Accordingly the verdict could not be considered safe. Their views were summed up by Dr John Wyatt who had served 23 years in the Royal Engineers, spending much of his time in bomb disposal and counter-terrorist operations, and rising to the rank of Lieutenant-Colonel. He said:

"As far as I am concerned this is only a timer, nothing else."[5]

It was agreed that Mr Feraday’s evidence had effectively been unchallenged at trial, as the only defence expert witness had accepted that he lacked experience in terrorist weaponry. It was Mr Feraday’s testimony that the timers made by Mr Berry could have been designed only for use by terrorists to cause explosions and as such it was critical to the conviction. He excluded non-explosive uses such as surveillance and lighting and suggested that legitimate armies would not use such timers because of the lack of an inbuilt safety device. As Michael Tierney described it in his amazing 2005 Herald article, Alan Feraday’s assertion was that “the absence of safety devices in the timers prevented their use for legitimate purposes.” Mr Berry was sentenced to eight years for arming Arab terrorists, later reduced to six. He served less than four before he was released, Tierney reports, but was left legally guilty in his broken life.[6]

The UK Home Office agreed to pay compensation from the public purse[When?] to Berry because he was jailed on the erroneous evidence of Alan Feraday.[7] Lord Chief Justice Lord Taylor of Gosforth noted that his evidence had been expressed in terms that were "dogmatic in the extreme" and that in future Feraday should not be allowed to present himself as an expert in the field of electronics.[8] Nevertheless, Alan Feraday was called by Scottish Lord Advocate Colin Boyd as the main expert witness in June 2000 as the Lockerbie bombing trial at Camp Zeist in the Netherlands where Abdelbaset al-Megrahi was wrongly convicted.

Many thanks to our Patrons who cover ~2/3 of our hosting bill. Please join them if you can.


References