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OUTOFTHENIGHT
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A miscarraige of justice
« on: July 30, 2005, 04:42:27 AM »

I was sent this via the TGWU Broad Left elist.

'When young Christy McGrath set off from his Tipperary home to embark on a career as a race jockey in England just over four years ago he dreamt of becoming one of the many household names that have left Ireland and won fame and fortune in the saddle, he dreamt of maybe one day winning the Grand National or the Cheltenham Gold Cup. He never imagined, as he waved goodbye to his parents on the quayside, that he was entering a life that would become a nightmare.

Christy McGrath, 24, was born and raised in Carrick-on-Suir. His parents Christy senior and Ann, were, like all parents, worried about their son leaving home but contented themselves that he was heading for a warm welcome and a secure job with the well-regarded Mason Stables at Brancepeth, Durham after a four-year apprenticeship with Aidan O'Brien at Ballydoyle. Armed only with his talent and the courage to face the hazards of jump-racing, Christy made a big impression on the formidable owner-trainer Norman Mason. Christy seemed destined for a bright future in England.

 He enjoyed England, got on well with the rest of the young Irish lads in the other stables and was making the most of the opportunities he got winning a handful of races and laying the foundations for, what he hoped, was to become a long and successful career.

But everything was to change suddenly and dramatically when, in July 2000 Christy, enjoying a night out after the races, met the man who would change his life forever. That man was Gary Walton, aged 37, a former professional footballer and father of two. The men met outside the Miners Arms Public House in the village of Coundon, near Bishop Aukland in County Durham. Words were exchanged. McGrath would later tell police that Walton had verbally abused him and made disparaging and racist remarks about Irish people. The taunts from Walton continued until McGrath could take no more. The two men fought and, after McGrath had hit him with a brick, Walton lay still on the ground. He died later that night.

McGrath was arrested and charged with the murder of Gary Walton. In January 2001 Christy McGrath was sentenced to life in prison for his murder. It seemed a straightforward case. However, since he the sentence was handed down, further evidence has been produced that throws the verdict into question and supports McGrath's contention that he may have been guilty of assaulting Walton but is innocent of his murder.

Evidence subsequently made available has shown that other people approached Walton as he lay on the ground after McGrath had left the scene, that he died as a result of strangulation, that there is no forensic evidence linking McGrath to this act, that police were unable to find McGrath's fingerprints on Walton's neck and that Walton was six feet and one inch tall while McGrath is much shorter and, being a jockey, much lighter in build. Records also show that the police constantly referred to Christy as "the Irish lad" all through the period of questioning and the fact that Christy has an unblemished record and has never been in trouble with the law either in Ireland or England was not mentioned in Court. The day before his trial Christy's lawyer contended that the case would be difficult to win and pressurised the young man to change his plea to guilty or face the probability of at least 25 years in jail. Isolated, confused, alone and fearful, Christie submitted to the advice and pleaded guilty meaning he will serve probably sixteen years in an English prison.

His employer Richard Guest, himself a winner of the Grand National and a prominent voice in English horseracing, is in no doubt that the verdict is wrong. He says "Until my dying day, I will not believe that Christy is responsible for this man's death". He showed his support when, moments after winning the 2000 running of the Grand National he ended the big-race interview live on the BBC with the message "Thinking of you, Christy".

The case has attracted huge attention from many others both in Ireland and in England who are convinced of McGrath's innocence and who are demanding a retrial. Among the loudest voices campaigning on behalf of McGrath is that of Paddy Hill, one of the Birmingham Six who were themselves victims of a miscarriage of justice and were wrongly incarcerated in an English prison. Hill says of the McGrath case "It's another example of the way people are treated under the British judicial system. The case of Christy McGrath proves that nothing has changed over the past ten years. If anything, it appears to have got worse. He and his family have my full support".

Unusually too, the case of Christy McGrath has brought politicians from both sides of the Irish Sea together in a way that other matters have not. The TD for South Tipperary, Seamus Healy added his voice to the clamour for the case to go before the Court of Appeal saying "I've known Christy and his family for many years. I have no doubt that he is telling the truth and is a victim of a terrible wrong. People who grew up with Christy and who knew him well have been utterly dumbfounded by what has happened to him. He deserves the support of all those concerned with miscarriages of justice". John McDonnell, MP for Hayes and Harlington, concurs. He said "Christy McGrath appears to have been railroaded through our deeply flawed criminal justice system. Let's not wait sixteen years to get an innocent person out of prison. The case should go to appeal immediately".

Civil Rights lawyer Gareth Pierce, who made her reputation fighting, and winning, such high-profile appeal cases as the Birmingham Six and Guidford Four, is involved in McGrath's case and is attempting to bring the case before the Court of Appeal. However, as McDonnell has pointed out, it is a tortuous process, and all the while another innocent Irish lad languishes in an English jail, his dreams shattered and his life in ruins.

Meanwhile back in Carrick-on-Suir, his parents have vowed to fight for their son's freedom and have been campaigning tirelessly for his case to go to appeal. Ann and her daughter Caroline travel across the Irish Sea once a month to visit Christy. He remains in good spirits and busies himself by maintaining a strict fitness regime and is studying for a degree in veterinary medicine. He still dreams of a bright and successful future.

If you would like to write to Christy McGrath you can do so by mailing him at : HM Prison Gartree, Market Harborough, Leicestershire, England or to add your voice to the growing number of people who wish to support the "Justice for Christy McGrath Campaign" you can do so by writing to Larry McGrath, c/o 84A Marlborough Road, London, England, N22 8NN.

First published: June 2003


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