Derek Bentley
The case of Derek William Bentley (30 June 1933 – 28 January
1953) was a case that changed English law. He was hanged for the murder of a policeman even
though he didn’t fire the fatal shot and he was probably incapable of defending
himself in court due to him having limited mental capacity.
In those days, there was the English law principle of common
purpose, of "joint enterprise".
Bentley and his co accused, a minor aged 16, were on the roof when a policeman appeared and
restrained Bentley. The policeman asked the minor for his gun and then Bentley
uttered those tragically ambiguous words "Let him have it" or did he?
Christopher Craig
The co accused, is still alive and has undergone polygraph
testing to prove that he is being truthful when he says, (and has said all
along ) that no such words were spoken. Before he died Bentley also denied
saying the words.
At the trial, the Lord Chief Justice Goddard described
Bentley as "mentally aiding the murder of Police Constable Sidney
Miles" and sentenced him to death simply because at that time, under English
law, there was no other sentence possible.
A posthumous pardon was
granted in 1993 and a his murder conviction was quashed 1998.
Bentley was a sad soul right from day one. Aged 15, a
childhood accident had broken his nose and his parents reported that he had
suffered fits ever since, including one so severe he nearly choked to death.
The family were bombed out their house three times during World War II. In one
incident the house Bentley was living in, collapsed around him. He lost close
friends and family. At some point through this, he developed epilepsy. By December
1948 when he was fifteen, his mental age
was ten years and his reading age estimated at just over four years. He could not
write or recognise the letters of the alphabet.
And he was gullible, easily led astray by those with a more cunning nature.
On 2nd November 1952, he tried to burgle a warehouse with a
sixteen-year-old companion, Christopher Craig.
Bentley was now an adult in the eyes of the law, Craig was still a
minor. Craig was much more worldly wise, a would-be gangster who Bentley looked
up to. Bentley’s parents had tried to
warn their simple son off a friendship with Craig, and in a strange twist of
fate, they enlisted the help of a family friend, a local
police officer to try and intervene and warn Bentley that this friendship with Craig, a well-known tearaway,
could only be detrimental to his future.
That local bobby was the man the Craig later shot dead on
the roof top of the Barlow & Parker confectionery company. The murder that
Bentley would hang for.
On the night of the attempted beak in, Craig carried a Colt
New Service .455 Webley calibre revolver and he had shortened the barrel so
that it could be easily hidden in his pocket. He had also given Bentley a sheath
knife and a spiked knuckle-duster.
At the warehouse, they were seen climbing the drainpipe and
the police were called.
When the police arrived, the boys hid behind a lift housing. As Craig taunted the police, DS Fairfax, grabbed hold of Bentley, technically arresting
him. Then the boy broke free. Then the famous exchanged was alleged to have
happened; Fairfax said to Craig "Hand over the gun, lad" and Bentley replied "Let him have it, Chris".
The Book
Craig fired his gun
at Fairfax and hit his shoulder. Fairfax grabbed Bentley again and Bentley told
the policeman about Craig’s weapons. At no time did Bentley use the weapons he had in his pockets.
Then more police arrived. First on the roof was the Bentley
family friend, Police Constable Sidney Miles. He was killed instantly by a shot
to the head.
Craig then jumped
around 30 feet from the roof of the factory onto a greenhouse and fractured his
spine.
Craig recovering in hospital
Miles and Fairfax both got medals for bravery, Miles posthumously
of course.
Bentley and Craig were both charged with murder. At that time
murder was a capital offence in England and Wales but minors under 18 could not
be sentenced to death, so only Bentley would
face the death penalty.
Bentley's best defence
was that he was effectively under arrest when Miles was killed but it seemed
from the get go, and from reading around the case with the distance of time,
that the establishment was unwavering in its determination to secure a death
penalty, maybe because it involved the death of an officer of the law, or maybe
because there would have to have been a
sudden change in the law for the case to go any other way in the strict
sense of the ‘law’ at that time.
There were many strange things about the trial. If Craig had
shot from the distance that was reported,
his sawn off gun would have been “ inaccurate to a degree of six feet”
So the kill shot was a unlucky accident?
There was also controversy later about the site of the wound on Miles, and
where that shot could have come from.
And then the huge controversy over the ambiguity io the words ‘ "let him have
it, Chris". Both Craig and Bentley denied that Bentley had said it. The
police say he did. There is a clip on YouTube of Craig taking a polygraph where
he denied those words were ever said. Indeed, in his condemned cell, Bentley
told his mother that he had never said those words.
My issue was why Bentley
was considered fit to stand trial in light of his mental capacity but English
law at the time did not recognise the concept of diminished responsibility due
to retarded development. Though it existed in Scottish law at that time.
In under 75 minutes, the jury found both Craig and Bentley guilty of Miles's murder. They did add a plea
for mercy for Bentley as Bentley was sentenced to death. Craig was ordered to be detained at Her
Majesty's Pleasure and was released in
May 1963 (after serving 10 years) and became a plumber.
There was one appeal against Bentley’s sentence based on the
agreed fact that Bentley did not fire
the fatal shot, and his limited mental
capacity. It was unsuccessful.
Another appeal went to the Home Secretary David Maxwell Fyfe
to ask the Queen to exercise the Royal Prerogative
of mercy and convert the death sentence into life imprisonment. It didn’t happen.
It was a police officer who had been killed and it was not the duty of the home secretary to "intervene in the due process of the
law". So there was no lawful course for
the sentence to be changed.
It was motioned to be debated in parliament, but not until
after the sentence had been carried out.
At 9am on 28 January 1953, Derek Bentley was hanged for
murder.
In 1966 his father removed his remains from Wandsworth and reburied
them with the remains of the rest of the family in Croydon Cemetery.
The film.
Caro Ramsay 10/06/2016
To quote the appropriately named Mr. Bumble, "The law is an ass."
ReplyDeleteWhy I am and will always be a fierce opponent of the death penalty.
ReplyDeleteI think the worse tragedy would have been if the law had remained as it was. But the legislative saw the issue - too late for Bentley though. I am also opposed to the death penalty and worry about so many young men in death row in the USA ( very young men ) who maybe never got a chance in life to become anything other that what they grew to be. Sometimes I do thinks that there should be a lethal injection available in the UK, for those on life tariff who want it.
ReplyDeletePersonally, I feel quite depressed over the story of Craig and Bentley. The fact that Bentley had a mental age of 11 just makes me feel so sad. What was he thinking just before they hanged him. I would have done anything it took to have stopped the jury's decision even if it meant I had to kill. I thank the Queen for the posthumous pardon, however in my opinion it makes the most minor difference as Bentley was still hanged. I think if countries that still use the death penalty heard about the FULL story of Bentley and Craig...the death penalty would be completely abolished.
ReplyDeleteThe Queen should have made herself useful for once and stopped the hanging. Royalty always 'can't do something' when it suits them to not be able to do something. The people could have risen up and had a Soviet style revolution.
ReplyDelete