Double jeopardy law 'getting in the way of victims' says family of murdered Whiston schoolboy

The sister of murdered schoolboy John Greenwood says double jeopardy laws are getting in the way of her family getting answers.

Debbie Turrell's brother John was murdered back in 1980, along with his best friend Gary Miller.

The bodies of the 11-year-old school boys were discovered on a rubbish tip in Whiston.

In February last year, Merseyside Police revealed they had asked the Director of Public Prosecutions (DPP) for special permission to re-question the original suspect following a reinvestigation of the case, citing an exception to double jeopardy laws.

But the DPP told Merseyside Police that their new evidence was "not compelling enough".

What is the double jeopardy law?

Double Jeopardy laws mean that somebody acquitted of a crime cannot be tried for the same crime again.

However, a change to the law in 2005 meant there were exceptions to this, if new and compelling evidence was found.

Since then, Debbie has been trying to find out from the Crown Prosecution Service (CPS), how many other cases, since the changes were made to the double jeopardy law, have been refused by the DPP.

She's been told by the CPS that that information is not held in one place and would require hours of work to ascertain, which would be too costly for a freedom of information request.

Debbie believes the system is weighted too heavily towards the accused and is getting in the way of her family getting answers to the unsolved crime.

Debbie continued: "When the police put their request in to the DPP to interview the man, I can't tell you how elated we were.

"The hope [it brought] and the chance was just amazing. And then, in contrast, when the DPP said no, it was horrific. It was just like a kick in the stomach, to all of us, it really was."

The original suspect in the case was acquitted at trial in 1981 and has always denied any involvement in the murders of Gary and John.

Speaking to Granada Reports last year, Assistant Chief Constable Ian Critchley said: "We know it has to be carefully considered, we know the reinvestigation of somebody whose been acquitted at court is really important.

"We must obviously take into account a court's decision.

"But when we have further information and evidence where we feel, with good reason and good grounds, there is a case to interview somebody, which could support the fact that there may well be further compelling evidence to be considered, we would very much welcome a consideration and a change to the existing legislation."

Merseyside Police say they're committed to investigating the case.

Head of Investigations for Merseyside Police, Mark Kameen, said: “At this time the investigation into the murders of Gary Miller and John Greenwood remains open but there are no current further lines of investigation being pursued.

“Anyone who has information can contact Merseyside Police either via @MerPolCC or @CrimestoppersUK anonymously on 0800 555 111.”

The CPS say although they considered the application carefully, "the evidence was insufficient" to bring a prosecution.

It says: “This was a tragic case and our thoughts are with the families of John Greenwood and Gary Miller who were killed in 1980.

“As part of the police reinvestigation of this case, they applied to the CPS for permission to undertake certain investigative steps. This is a legal requirement when someone has already been tried and acquitted of a serious offence.

“In order for such a request to be granted, there must be sufficient new evidence.

“We considered their application carefully but concluded the evidence was insufficient to allow them to proceed.

“This decision did not prevent the police continuing to investigate the murders. We recognise this was disappointing for the families but we must make fair decisions based on the available evidence.”