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27
Jun
Harrogate murder trial comes to dramatic end
A man accused of murder in Harrogate was found not guilty today (June 27) when a two-week trial was brought to a dramatic end.
Mr Justice Hilliard directed the jury to acquit Jason Johnson, 27, who was one of two men charged with murdering Paul Tillett at the victim's Strawberry Dale flat on September 29 last year.
His co-accused, Philip Watson, 35, admitted the charge. Watson told police he was “in effect completely guilty” in footage not shown to the jurors, Justice Hilliard told the court today.
The judge told jurors the case was “unusual” because evidence came from a witness called Laura Gwynn who died a month after the murder and there was “no independent confirmation of what Laura Gwynn said that implicated Mr Johnson”.
The judge said:
The fact is in this case she said different things on different occasions about Mr Johnson. Sometimes she said they both suffocated Mr Tillett, but other times she said just Mr Watson did this and did not mention Mr Johnson.
Ms Gwynn also told police she did not actually see that [suffocation] happen.
The court heard Ms Gwynn would sometimes use the word “they” when telling people what happened, but other times used the word “he”.
Justice Hilliard said:
At different times, Laura Gwynn uses the word ‘they’ about an action, and other times she just speaks about Philip Watson doing that same action.
Jason Johnson leaves court a free man today.
Natasha Simpson, who called the police after Ms Gwynn told her about the murder, also gave evidence during the trial.
Ms Simpson told the court Ms Gwynn said Mr Johnson was not involved in the attack but just forced to be there at the time.
Ms Simpson said Ms Gwynn used the word “they” when she was referring only to Watson. Ms Simpson also said she used the word “they” simply because both Mr Johnson and Watson were both present during the attack.
Hearsay evidence
The prosecution’s case against Mr Johnson relied heavily on hearsay evidence.
Justice Hilliard gave jurors an example of hearsay evidence:
If I said ‘my friend saw someone punching a person in the street’ [that would be hearsay evidence]. I am telling you what my friend saw.
Justice Hilliard cited legislation that requires a judge to consider the quality of hearsay evidence after the prosecution case closes.
The judge must then decide if a conviction would be safe and, if not, must direct the jury to deliver a verdict of not guilty.
“This is to eliminate the risk of an unsafe conviction”, the court heard.
Justice Hilliard said if Laura Gwynn had given evidence, she might have been able to explain what she said to different people.
He said:
Without further input from Laura Gwynn – and there never will be that – there’s no way of safely choosing between the different accounts we have heard.
The trial has not been a waste of time – completely the opposite – as it’s been possible to see what the evidence amounts to and what witnesses had to say.
The trial was held at Leeds Combined Court Centre.
Jurors cannot convict a defendant unless they are sure the evidence proves their guilt, the court heard.
Justice Hilliard said he was therefore required to direct the jury to return a verdict of not guilty.
One juror stood up and delivered the not guilty verdict.
Mr Johnson has been released from custody.
Justice Hilliard acknowledged the “sudden finish” but told the court he has been considering the evidence for some time. The prosecution was also aware of the judge’s decision and has chosen not to appeal it.
Watson will be sentenced for the murder at an unconfirmed date.
Considered the victim 'a friend'
When the prosecution opened its case at Leeds Crown Court on June 11, Jamie Hill KC said Mr Tillett had been subjected to a “prolonged and persistent” attack, which had “elements of torture”.
The prosecution believed Watson was the “main offender” and carried out most of the attack, but alleged Mr Johnson encouraged Watson to kill.
Mr Johnson admitted he was present during the fatal attack but said “at no point” did he come into physical contact with Mr Tillett and that he considered the victim a friend.
The prosecution’s case heavily relied on accounts made by Laura Gwynn, who witnessed the murder but died the following month.
Ms Gwynn told some people Mr Johnson was involved in the attack, but told others he was simply forced to be there and did not play a part in killing Mr Tillett.
Police bodycam footage of Ms Gwynn recounting the murder was played in court and witnesses who were given information about the ordeal by Ms Gwynn gave evidence in court.
However, the court heard Ms Gwynn did not report the attack until the following day and told police she would not provide an official statement or a DNA sample unless bail conditions preventing her and her then-partner from seeing each other were dropped.
Ms Gwynn never gave an official statement to the police, nor did she provide a DNA sample.
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