Innocence
In January 2003, the Home Office awarded Timothy Evans's half-sister, Mary Westlake, and his sister, Eileen Ashby, ex-gratia payments as compensation for the miscarriage of justice in Evans's trial. The independent assessor for the Home Office, Lord Brennan QC, accepted that "the conviction and execution of Timothy Evans for the murder of his child was wrongful and a miscarriage of justice" and that "there is no evidence to implicate Timothy Evans in the murder of his wife. She was most probably murdered by Christie." Lord Brennan believed that the Brabin Report's conclusion that Evans probably murdered his wife should be rejected given Christie's confessions and conviction.
On 16 November 2004, Westlake began an appeal in the High Court to overturn a decision by the Criminal Cases Review Commission not to refer Evans's case to the Court of Appeal to have his conviction formally quashed. She argued that Evans's pardon had not formally expunged his conviction of murdering his daughter, and although the Brabin report had concluded that Evans probably did not kill his daughter, it had not declared him innocent. The report also contained the "devastating" conclusion that Evans had probably killed his wife. The request to refer the case was dismissed on 19 November 2004, with the judges saying that the cost and resources of quashing the conviction could not be justified, although they did accept that Evans did not murder either his wife or his child.
The case ranks as one of the most serious miscarriages of justice in the post-war period caused by a combination of police incompetence and wilful selection of the facts to ensnare a completely innocent man.
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