Killers fail again in challenge to verdict

Apr 11 2008 by Neil McKay, The Journal

TWO men jailed for a notorious gangland murder more than 40 years ago have vowed to take their campaign to Europe after their latest legal bid to challenge the conviction ended in defeat.

Michael Luvaglio and Dennis Stafford, both now in their 70s, were convicted at Newcastle Assizes of the murder of money collector Angus Sibbet, but have always protested their innocence

Their cases have already been considered twice by the Court of Appeal, and also by the House of Lords, but resulted in the convictions being upheld.

In the latest move, Stafford, of Stanhope Castle, Weardale, County Durham, unsuccessfully challenged a refusal by the Criminal Cases Review Commission (CCRC), an independent body which investigates possible miscarriages of justice, to refer his case back to the Court of Appeal for review.

At yesterday’s hearing at the High Court in London, he argued that the trial had been totally unfair and the judge’s summing-up to the jury had been biased, erroneous and prejudicial.

But in dismissing the challenge, Mr Justice Maddison, sitting with Lord Justice Hooper, said the CCRC had thoroughly considered the detailed evidence in the case before concluding that there was no reasonable prospect of a successful appeal.

He announced: “It is impossible to say that the commission acted unreasonably or adopted an unlawful approach in this matter.”

After the ruling, Luvaglio stood up at the back of the court and said: “I am innocent.”

Stafford’s solicitor, Michael Purdon, said: “Naturally, we are disappointed, but we are now considering making an application to the European Court of Human Rights in Strasbourg. We will not give up until this miscarriage of justice is put right.”

Stafford and Luvaglio, who each served 12 years of their life sentences before being released on licence, vowed to fight on to clear their names.

Stafford said: “We had to show we have exhausted every possible avenue in England before getting clearance to take our case to the European Court of Human Rights.”

Mr Sibbet, who collected cash from fruit machines belonging to Luvaglio’s brother Vince Landa, was gunned down and put in the back of his Mark 10 Jaguar under Pesspool Bridge, in South Hetton, County Durham, on January 5, 1967.