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Donal MacIntyre's Killer Evidence S03E09 engsub fullepisode🎯
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00:01Dean Owen is lying asleep when he's woken with a start by his flatmate staggering in drunk.
00:08But rather than heading for bed himself, his friend launches a savage knife attack on Dean,
00:13causing terrible injuries.
00:16Incredibly, Dean survives.
00:18But five years later, he accidentally falls down the stairs and dies two days later in hospital.
00:25A routine post-mortem leads detectives to suspect that Dean's injuries from five years before have actually caused his death.
00:34Proving someone has been murdered always requires meticulous police work.
00:38But when the victim dies five years after the attack,
00:41the detective requires conclusive medical evidence to secure a conviction.
00:47If he succeeds, the case will enter the record books for the longest surviving murder victim.
00:52Catching a killer requires conclusive forensic evidence.
00:58From clues at the scene of the crime,
01:01to minute examination in the forensics lab,
01:04from the cold reality of the pathologist table,
01:08to DNA sampling,
01:10digital analysis,
01:12each piece of killer evidence brings the murderer closer to justice.
01:2617th of May, 2012.
01:29In Wigan, 36-year-old Dean Owen
01:31accidentally falls down the stairs at home,
01:35leaving him severely concussed,
01:37and he's rushed the hospital.
01:41Doctors don't consider Dean Owen's head injury to be serious,
01:44but given his general state of health,
01:47decide to keep him in as a precaution,
01:48expecting him to be discharged within a few days.
01:51But then, his health rapidly deteriorates.
01:55Patients can often present after a fall and be okay,
01:58and then subsequently suffer with a sudden onset of deterioration,
02:02and that's usually from a bleed inside the brain,
02:04and that's why doctors will advise anybody
02:06who's had a significant head injury
02:07to have observation overnight
02:10for at least the next 24 hours.
02:12So, the medical staff and the nursing staff
02:14will decide whether he needs what we call neurological observations.
02:18You might want to involve intensive care,
02:22microbiologists,
02:22all these different specialties.
02:23You might need the medical team,
02:25you might need the surgical team,
02:26depends on what is going on,
02:28but the sicker he becomes,
02:30the more people get dragged into his care, usually.
02:32Despite the best medical treatment,
02:35Dean sadly dies.
02:37Doctors assume it's because of the head injury,
02:40and his body is sent for a routine post-mortem.
02:43It was only during this post-mortem
02:46when the pathologist realised the significant injuries
02:50that Dean suffered to his abdomen
02:52and the surgeries around that,
02:54and he halted quite rightly the post-mortem
02:57and referred this to His Majesty's coroner
03:00for further investigation.
03:02Detective Superintendent Howard Millington
03:04is called in to investigate Dean's death.
03:10First, he needs to wind back the clock
03:13to examine what happened
03:14when Dean suffered a vicious attack in 2007.
03:18He must carefully examine every piece of evidence
03:21to see if he can prove that it led to Dean's eventual death
03:24five whole years later.
03:2821st of May, 2007.
03:31Dean was asleep in the flat he shared with a friend,
03:35John Berry, in Oral, Greater Manchester.
03:38Berry returned home, which woke him up.
03:41Then suddenly, Dean was violently stabbed.
03:44After the attack,
03:45he actually managed to stagger outside
03:47where he dialled 999,
03:49called for an ambulance.
03:52When the 999 call was received by the emergency services,
03:56in the background,
03:57a voice can be heard,
03:58which is clearly John Berry,
03:59saying that he would do him properly,
04:01he would kill him.
04:02I'm going to kill you.
04:04I'll do you properly.
04:05I'll do you again.
04:06Die!
04:10Police arrived as paramedics
04:12tried to save Dean's life.
04:14The main stab wound was very serious.
04:16It was to Dean's abdomen.
04:18John Berry had admitted
04:19that he'd been the one
04:20that had been involved in an altercation
04:22and caused the injury,
04:24although he later claimed it was in self-defence.
04:27I'm going to kill you.
04:28I'll do you properly.
04:29I'll do you again.
04:31Die!
04:32The 999 call
04:34is a vital piece of evidence
04:36in Howard Millington's new investigation
04:38into Dean's death.
04:40From his comments to Dean,
04:41telling him to die,
04:42that explains a lot
04:45about his mindset
04:46and that is the intent
04:47to cause grievous bodily harm
04:49or kill Dean.
04:50And by saying what he said,
04:53he was clearly demonstrating
04:54what his intent was,
04:55as well as the fact
04:57of the level of violence he used
04:59and to plunge a knife in somebody
05:01in their abdomen
05:02can only show one intent.
05:05Dean was stabbed three times in total,
05:08the main injury being a 10-inch wound
05:10penetrating his intestines.
05:11It was clear that Dean
05:13was very seriously injured
05:15and these were life-threatening injuries.
05:18Part of his intestine was protruding
05:20when he was taken to hospital.
05:22He was rushed into the operating room
05:24for emergency surgery
05:25in the hope that his life could be saved.
05:29Officers turned their attention to John Berry.
05:32Given what officers encountered at the scene
05:34where Dean explains he's been stabbed
05:37by his friend, John Berry,
05:39who's still in the flat,
05:41and John Berry actually made admissions
05:44that he had caused the injuries,
05:46then officers had reasonable ground
05:48to suspect that he'd committed
05:50a serious offence of wounding
05:52and he was subsequently arrested
05:54and cautioned for that offence
05:56and taken into custody
05:57at the police station.
05:59Even with a clear suspect
06:01for the attack,
06:02the forensic team
06:03had to search the flat
06:04for further evidence.
06:06In this case,
06:07an offender is admitted
06:09to violently assaulting somebody,
06:11but we would still
06:12do a full examination
06:13of that crime scene
06:15to corroborate any account
06:16that they've given
06:17and also potentially any account
06:19that the witnesses
06:19or the victim might give.
06:21He was seriously injured
06:24but didn't die.
06:25So our crime scene examination
06:27would help to corroborate
06:28his story against the suspect's story
06:32because even though
06:33someone's admitted to the offence,
06:35they may have been under duress
06:36when they admit to the offence.
06:37They may later in court
06:39deny that they've admitted
06:40the offence
06:41or change their plea.
06:43The police locked the scene down
06:45and secured it
06:46with crime scene tape
06:47and the clothing
06:49from John Berry as a suspect
06:50was secured
06:52at the police station
06:53for potential forensic analysis.
06:56Clearly, the preservation
06:57of Dean's life
06:58was the priority.
07:00So Dean's clothing
07:01was later recovered
07:02from the hospital.
07:04That would have been
07:04put into evidence bags
07:05and secured and dried.
07:08The knife that was used
07:09in the attack
07:10was discovered
07:10and a deadly-looking machete
07:12was also found at the scene.
07:14The knife was photographed
07:17in situ
07:17and then would have been
07:19forensically recovered
07:20so as not to destroy
07:21any potential forensic evidence
07:23that was on the knife
07:24and that would have been
07:26put into a weapon tube
07:27so it could be safely secured
07:29and transported
07:30for forensic analysis.
07:31Well, forensic evidence
07:33is obviously critical
07:33because it gives
07:34an independent narrative
07:36truth to what happened
07:38at the scene.
07:39And where there was a knife,
07:41it's all the more so
07:42because a knife can tell you
07:44exactly what was used,
07:45when, how it was used,
07:47and even the force
07:48between the narrative
07:49told by the forensic evidence,
07:50the knife and, of course,
07:52the pathology reports,
07:53you can build a very good picture
07:54to tell how and when
07:56that knife was used.
07:57It tells an independent,
07:59verifiable truth
08:00which can be compared
08:01against other confessions
08:02and other narratives
08:03around that day.
08:04But for Dean Owen,
08:06it was the start
08:07of a long journey
08:08to recovery.
08:09Because of the severity
08:10of Dean's injuries,
08:11over the nine-day period
08:12of his hospital admission,
08:14he had to have
08:15three operations,
08:16life-saving surgery
08:17to treat the wounds
08:18that he did have.
08:19Stabbings can be,
08:20can be very serious
08:22and it all depends
08:22on which anatomy
08:24the knife hits.
08:25Dean suffered
08:26a significant stab injury
08:28to his abdomen
08:28and because he had
08:30a full breach
08:30of his abdominal wall
08:31going through all layers
08:33of his muscle,
08:33that allowed a space
08:35through which his intestines
08:36fell to the outside.
08:38Bleeding is what
08:39kills patients fairly quickly.
08:41Following that,
08:42then infection becomes
08:43a problem.
08:44That usually manifests itself
08:46within the first 24,
08:4748 hours.
08:48That would be
08:49his next immediate risk.
08:51The surgeon's primary goal
08:53is to preserve life,
08:55stop the bleeding,
08:56control the infection
08:56and then deal with
08:58anything else
08:58that comes about.
09:00John Berry was facing
09:02serious criminal charges
09:03depending on whether
09:04Dean survived the surgery.
09:06Whilst in custody,
09:08John Berry was interviewed
09:09under caution
09:10for the offence
09:11of wounding Dean Owen.
09:14And during the interview,
09:15he admitted that
09:16he'd caused injuries,
09:17but he claimed
09:18he'd done so
09:19in self-defence
09:20because he was actually
09:21being attacked
09:22by Dean Owen.
09:25Surgeons were able
09:26to save Dean,
09:27but he was left
09:28with life-changing
09:29health issues.
09:30He had a significant
09:31amount of bowel removed.
09:33You have to remove
09:34any unhealthy bowel
09:34because if you leave
09:35bowel inside the tummy
09:37that's unhealthy,
09:38ultimately,
09:38it will become gangrenous
09:39and cause a problem
09:40three or four days later.
09:41So the most important
09:43thing is not what
09:44you take out,
09:45it's what you leave behind
09:46because what is left
09:47behind determines
09:48what function
09:49Dean will have
09:50from a digestive,
09:52from a nutritional
09:53point of view,
09:54and that's the most
09:54important bit.
09:56Because of the attack,
09:57Dean could never enjoy
09:59a normal life again,
10:00living with substantial
10:01injuries and being fed
10:03through a Hickman line.
10:04This would become
10:05a vital piece of evidence
10:07in Howard Millington's
10:08investigation.
10:09Dean started to suffer
10:11multiple complications
10:12after his severe injuries
10:14and he'd lost a significant
10:16amount of bowel
10:17and the surgical team
10:18would have deemed
10:19that he required
10:19nutritional support.
10:21When you lose
10:22a certain amount
10:23of small bowel,
10:25your body is unable
10:26to absorb nutrients,
10:28fluids,
10:28and that then means
10:30you will be on
10:31intravenous feeding
10:31for the rest of his life.
10:33We use something
10:34called the Hickman line.
10:35It's similar to the thing
10:36you put in the back
10:36of your hand called
10:37a cannula,
10:38and it goes into
10:38a larger vein,
10:39either in the neck
10:40or into the upper chest
10:41to provide nutrition
10:42to feed your patients.
10:43With Dean's digestive system
10:45unable to process
10:46what he ate,
10:47the Hickman line
10:48would deliver liquid food
10:49directly into a vein.
10:51It impacts
10:53every aspect of life.
10:55Dean would have gone
10:55from being fully independent,
10:57living his life
10:57and going around
10:58his business,
10:59and now he'll be
11:00wired up to
11:01intravenous feeding
11:02for hours every day.
11:03The main risk
11:04is infection,
11:05and there are
11:07specific techniques
11:08that everybody
11:09has to follow
11:10to preserve this line.
11:11It's a very precious line.
11:13In recovery,
11:14Dean was able
11:15to give detectives
11:16his version of events.
11:17Dean was separated
11:19from his partner
11:20with whom he had children,
11:22and so was actually
11:24living with John Berry,
11:25who was a friend of his,
11:26so he had somewhere
11:27to live, essentially.
11:28They lived together
11:29for approximately
11:30two years.
11:30John Berry,
11:31as far as I'm aware,
11:32he had his own bedroom
11:34within the flat
11:35that he was renting,
11:37and Dean usually slept
11:39on the couch downstairs.
11:41I think the relationship
11:43between the two
11:44was reasonable.
11:45They were friends
11:46most of the time,
11:48but on the particular
11:49day of the incident,
11:51both men had been
11:52drinking alcohol,
11:54and Dean was asleep
11:55when John Berry came in,
11:57and he was awoken
11:59and startled by John Berry
12:01coming into the flat.
12:03Not knowing,
12:04realising who it was,
12:05initially kicked out,
12:06but then when he realised
12:08who it was,
12:09went back to sleep,
12:10and John Berry,
12:11it would appear,
12:12was really irritated
12:13by what happened.
12:14Came back into the room
12:15carrying a machete
12:16on a ten-inch bladed knife,
12:18and that's where he actually
12:20attacked and stabbed
12:21Dean with the knife.
12:24Fortunately,
12:24Dean survived,
12:25but Berry was still
12:27facing a serious charge.
12:28The CPS decided
12:30to charge with
12:31Section 18 wounding
12:32with intents,
12:33which is a very serious charge
12:35that carries
12:36potential life sentence.
12:38In 2008,
12:40John Berry's trial began.
12:42With Dean Owen
12:44well enough
12:44to take the stand
12:45as a witness
12:46to give his evidence,
12:47police were confident
12:48of a successful outcome.
12:50Berry claimed
12:51that he was acting
12:52in self-defence.
12:54He said that
12:55Dean Owen
12:56had actually attacked him,
12:57and he was merely
12:58defending himself.
12:59But the level of violence
13:01in this case
13:02was really significant.
13:04To use a knife
13:05with a ten-inch blade
13:06and thrust it
13:07into somebody's abdomen
13:08with such force
13:09it causes a serious
13:10penetrating injury
13:11the way that it did
13:13shows this significant
13:14level of force
13:15that was used,
13:16which was way out
13:18of proportion
13:18to any perceived fear
13:20or self-defence
13:22as Berry alleged
13:23at his trial.
13:25The fact that
13:26John Berry
13:26had no injuries,
13:27so what was he
13:28defending himself from?
13:30And the fact that
13:32he made an initial
13:33early admission
13:34to officers
13:35just before he was arrested,
13:37those were significant
13:38unsolicited comments.
13:39And all these things together
13:41proved beyond
13:42all reasonable doubts
13:43to the jury
13:44that he was guilty
13:45of the offence
13:45for which he was charged.
13:48Berry was found guilty
13:49and sent to prison
13:50for eight years.
13:53Meanwhile,
13:55Dean Owen's health issues
13:56were their own
13:56life sentence.
13:58As a result
13:58of this serious injury,
14:00he couldn't enjoy
14:01lots of things in life
14:02such as a meal
14:03and food
14:04that we take for granted.
14:05And all this took
14:06its toll on him.
14:08Following his death
14:09in 2012,
14:11Millington is now
14:11determined to bring
14:12justice for Dean.
14:14Howard Millington
14:15has all the facts
14:17about John Berry's
14:18original attack
14:19on Dean Owen.
14:20But no one
14:21has ever been charged
14:22with the murder
14:22of a victim
14:23who died
14:24five whole years later.
14:38Detective Superintendent
14:39Howard Millington
14:40is investigating
14:41a potential murder
14:42dating back
14:43to a violent attack
14:44on Dean Owen
14:45in 2007.
14:47His flatmate,
14:48John Berry stabbed
14:49him three times.
14:51Dean called 999
14:53and on the recording,
14:55Berry was heard
14:55urging him to die.
14:57I'm going to kill you.
14:58I'll kill you properly.
14:59I'll kill you again.
15:00Die!
15:02A ten-inch machete
15:04and the knife
15:04used to stab Dean
15:05were recovered
15:06from the flat.
15:08John Berry was found
15:09guilty of wounding
15:10with intent
15:11and jailed.
15:12Dean survived the attack
15:14but for the next
15:15five years
15:16had to be fed
15:16via a tube
15:17known as
15:18a Hickman line.
15:20Then following a fall
15:21he sadly died
15:22in hospital.
15:25Now five years later
15:26in 2012
15:28Howard Millington
15:29faces a Herculean task.
15:31Can he prove
15:32that Dean Owen's death
15:34was as a direct result
15:35of John Berry
15:36stabbing him?
15:37His first task
15:38is to comb through
15:39all the evidence
15:41from the 2007 case.
15:45It was clear
15:46there was a potential
15:46homicide in this case
15:48through a causal link
15:49between the assault
15:50five years earlier
15:51and Dean's
15:52subsequent death.
15:54So one of my
15:55first priorities there
15:57is to request
15:58a forensic post-mortem
16:00to either rule this in
16:02or rule this out
16:03as a cause of death.
16:06The purpose
16:07of a forensic post-mortem
16:08examination
16:09is to determine
16:09the cause of death.
16:10That's the principal
16:11reason we're doing it.
16:13Once it tips over
16:14into suspicious death
16:15that there's any
16:16suspicion at all
16:17that this death
16:19could go to court
16:20and somebody
16:21standing trial
16:23for a murder
16:24it has to go
16:25to trained forensic
16:26pathologists
16:26because forensic
16:27pathologists like myself
16:28we're trained
16:29to deal with
16:29unnatural deaths.
16:31Dr Charles Wilson
16:33is brought in
16:34to carry out
16:34the forensic post-mortem.
16:36If a person dies
16:38shortly after
16:39they've been injured
16:39then the case
16:41is usually
16:42pretty straightforward.
16:43The pathologist
16:44can usually
16:44identify the injuries
16:46and they can then
16:46see internally
16:47what the trauma was
16:49and how it could
16:50have caused the death.
16:51Simple and straightforward.
16:52If however
16:53the person
16:55is lucky enough
16:56to get into hospital
16:57and lucky enough
16:58to have surgery
17:00or whatever medical
17:01treatment they have
17:02and their life
17:04is literally saved
17:05then it becomes
17:07much more difficult
17:08then if they
17:10subsequently die
17:10and the pathologist
17:12is asked to try
17:12and work out
17:13exactly what happened.
17:16And that's because
17:17of the surgery
17:19or the medical
17:20treatment they've had
17:21will have altered
17:22what was there
17:23originally.
17:24So if we're dealing
17:25with a stabbing incident
17:26the damage caused
17:28by the initial
17:30stabbing
17:30will all have been
17:32either removed
17:34sewn up
17:35and certainly
17:37it will heal
17:38over a period of time
17:39and so it becomes
17:40much more difficult
17:41for the pathologist
17:43in those instances
17:44to determine
17:44exactly what
17:46the chain of events
17:47was leading
17:48to this person's death.
17:50While he awaits
17:51the results
17:52of the forensic
17:53post-mortem
17:53Howard Millington
17:54informs the family
17:56of the investigation.
17:57Trained family
17:58liaison officers
17:59made early contact
18:01with the family
18:02to update them
18:03that this was being
18:04looked at
18:05as a potential
18:06chain of causation
18:07homicide case.
18:09The family
18:10liaison officers
18:11are trained
18:11to a very high level
18:13delivering difficult
18:14messages to
18:15people
18:16who are grieving
18:17family members
18:18so these are not
18:20easy conversations
18:21to have
18:21but they are
18:22important
18:23conversations
18:23to have
18:24it's really
18:26important to be
18:26transparent
18:27and honest
18:28with the family
18:28and to give them
18:30all the information
18:30that they need
18:31to believe
18:33that ultimately
18:34we are looking
18:35for justice
18:36to be served.
18:38Howard Millington
18:39leaves officers
18:40with the family
18:40to listen
18:41to their concerns.
18:43A family liaison
18:44officer plays the role
18:45of being a bridge
18:47between the police
18:48and the family
18:49and helps them
18:50give them key
18:50information
18:51information
18:52information that
18:52they are entitled
18:54to know
18:54and will allow
18:55them to recover
18:55and settle down
18:56and grieve
18:57in many cases.
18:58So it was as complex
18:59a case as you can
19:00imagine for the family.
19:01They were very supportive
19:03and welcoming
19:04of the grief counselling
19:05and the process
19:06because they'd lost
19:07their loved one.
19:09Millington also asked
19:11to meet the family
19:11himself
19:12to discuss the case.
19:14My initial meeting
19:15with the family
19:15was a really important one.
19:17I owe it to them
19:18to get justice
19:19for Dean
19:20and to do my best
19:21and they need to know
19:22that I'm there
19:23to provide the best
19:25possible service
19:26to them
19:26under the circumstances.
19:29Dean was 38 years
19:30of age
19:31and he was separated
19:33from his partner
19:34with whom he had children.
19:35He was from the Wigan area
19:37as were his family.
19:38He needs to establish
19:40how Dean's injuries
19:41have affected his life
19:42over the last five years.
19:44So for the family
19:46this is a very delicate
19:47and sensitive time.
19:49They have already
19:49been through
19:50the first trial
19:52the conviction
19:53and they thought
19:54for all intents
19:55and purposes
19:56that that matter
19:57was over
19:57and that this was
19:58a mere fall
19:59and a consequence
20:00that an ill man
20:01vulnerable person
20:02has died.
20:04And now
20:05a detective arrives
20:06and said
20:06this is a potential
20:07homicide investigation
20:08and also to glean
20:09some other information
20:10and in this respect
20:11they're trying to
20:12discover exactly
20:13how Dean went
20:14about his life
20:15how he confronted
20:16his Hickman line
20:17how he confronted
20:18the injuries
20:19and the recovery
20:19and how he managed that
20:20and it was quite clear
20:22that he had
20:22many difficulties
20:23with that
20:24and that he was
20:24pretty much
20:26significantly
20:28incapacitated
20:28from the original
20:30knife wounds
20:31and assault
20:31and had never
20:32really recovered.
20:33Well we do know
20:34from speaking
20:35to Dean's family
20:36and from his
20:38medical records
20:39that this had
20:40a serious
20:41adverse effect
20:42on his
20:43well-being
20:43for the rest
20:44of his life
20:45and you know
20:45he got quite
20:46depressed about it
20:47and you know
20:48neglected to look
20:49after himself
20:50as a result.
20:52The post-mortem results
20:54revealed the shocking
20:55state of Dean's
20:56internal organs.
20:58It was septicemia
20:59due to intestinal failure
21:00and infarction
21:02due to complications
21:03of the penetrating
21:05abdominal injury
21:06and surgery.
21:06The combination
21:08of septicemia
21:09a severe bloodstream
21:10infection
21:11and infarction
21:12which is when
21:13tissues die
21:14due to the lack
21:15of blood supply
21:16proved to be lethal.
21:18Howard Millington
21:19now needs
21:20expert medical advice
21:21to confirm a link
21:22with the 2007
21:24stabbing.
21:25In this particular
21:26case
21:27we know that
21:28a length of bowel
21:29had to be removed
21:30and that's to save
21:31his life
21:32and to compensate
21:33for that
21:34he has to have
21:34what we call
21:35a Hickman line
21:36in order to feed him
21:37and Hickman lines
21:39are dangerous.
21:40They're very prone
21:41to infection.
21:42So if he dies
21:43from an infection
21:45if you can prove
21:46that the infection
21:47was related
21:48to his Hickman line
21:49then you can work back.
21:51Hickman line
21:52had to be put in
21:53because he was
21:53given surgery
21:54and the surgery
21:55was given
21:56because he had
21:57these life-threatening
21:58injuries.
22:00Dr Wilson
22:01was very clear
22:02in this case
22:02there was a clear
22:03chain of causation
22:04between the original
22:05assault,
22:06the surgery
22:08carried out
22:09to save
22:10the life of
22:11Dean Owen
22:11at the time,
22:12the subsequent
22:13complications
22:14around keeping
22:15the Hickman line
22:16clean
22:16and infections
22:18that resulted
22:19from not doing so
22:21resulting in
22:22a cause of death
22:23of septicemia
22:25linked to the
22:26original assault
22:27and abdominal injury.
22:33The pathologist's
22:34opinion is clear.
22:36Dean has died
22:36as a result
22:37of the serious
22:38injuries
22:38John Berry
22:39inflicted on him
22:40five years earlier.
22:42The post-mortem report
22:44is a key piece
22:45of evidence
22:45in Howard Millington's
22:47murder investigation.
22:49Cases such as this
22:50are very rare.
22:52In all my police career
22:53this is the only case
22:54I ever dealt with
22:55of a causation murder
22:58where a chain of causation
22:59such a significant
23:01amount of time
23:02after the original
23:03assaults
23:04has occurred
23:05took place.
23:07Millington must
23:08begin his investigation
23:09by re-examining
23:10all the original
23:11evidence gathered
23:12in 2007.
23:14The knives and
23:16machete Berry
23:16used to attack
23:17Dean have been
23:18destroyed under
23:19a judge's order
23:19because they were
23:20lethal weapons.
23:22Ultimately
23:23it would have been
23:24preferable
23:25to have had
23:25the knives.
23:26It's always good
23:27to show physical
23:28exhibits to the jury
23:29so they can see
23:30what was involved
23:31but that wasn't
23:33an option
23:33in this case
23:34but it had been
23:35proved beyond
23:35reasonable doubt
23:36already in the
23:37original trial
23:38that these knives
23:40had been used
23:41to inflict
23:41the injuries
23:42that were
23:43inflicted upon
23:44Dean Owen
23:44so it wasn't
23:46a showstopper.
23:47Luckily
23:48one piece
23:49of crucial evidence
23:50from the original
23:50case
23:51remains intact.
23:53One of the
23:53key actions
23:54that I raised
23:54was to obtain
23:55the original
23:56Treble Nine
23:57call to the
23:57ambulance service.
23:58I'm going to kill you
23:59I'll do you properly
24:00I'll do you again
24:01Die!
24:03John Berry could be
24:04heard shouting
24:05Die to his friend
24:06Dino in the background
24:08well that was
24:09a really significant
24:10piece of evidence
24:11and in the case
24:12of murder
24:12its intention
24:13to cause
24:13grievous bodily harm
24:14or to kill.
24:15To be shouting
24:16Die to his friend
24:18having stabbed him
24:19with a blade
24:20with a ten inch knife
24:21that is very good
24:22evidence to show
24:23that intention
24:24was present
24:25in this case.
24:26A year before
24:28Berry had been
24:29released on parole
24:30after serving
24:30four years
24:31of his eight year
24:32sentence for the
24:33attack on Dean.
24:35Despite suffering
24:36from kidney failure
24:37and being confined
24:38to a wheelchair
24:39Howard Millington
24:40brings him in
24:40for questioning.
24:42It was brought
24:42to my attention
24:43that there were
24:44some health issues
24:45that John Berry
24:46was suffering from
24:47but ultimately
24:48needed to be
24:49held to account
24:49for this serious
24:51crime of murder.
24:52It had ruined
24:53the quality of life
24:54of Dean Owen
24:55and ultimately
24:56killed him
24:57the actions
24:58that John Berry
24:59had taken
24:59five years previously.
25:03Despite having
25:04been found guilty
25:04of Section 18
25:06wounding with intent
25:07Berry is maintaining
25:08it was self-defense.
25:10Howard Millington
25:11knows that he needs
25:12concrete proof
25:13that the attack
25:14five years earlier
25:15caused Dean Owen's
25:16death.
25:18So he calls in
25:19specialist CPS lawyer
25:21Ben Southam.
25:22His first task
25:23is to assess
25:24the strength
25:24of the case
25:25against Berry.
25:27The role of a prosecutor
25:28is to review
25:29the evidence
25:29in the case
25:30to identify
25:31possible further
25:32lines of inquiry
25:33and to then decide
25:34whether or not
25:34there's enough evidence
25:35to provide a realistic
25:36prospect of conviction.
25:38I'm clear the fact
25:39that Dean died
25:40so many years later
25:41what we needed
25:42to try and do
25:43was to link
25:43his death
25:44to the original
25:45stabbing
25:46and obviously
25:46our view was
25:48that the stabbing
25:49led to the treatment
25:50that ultimately
25:51became infected
25:52and led to his death.
25:54Once somebody dies
25:55in suspicious circumstances
25:56there's then
25:57a post-mortem examination
25:58that will then give you
26:00a primary cause
26:00of death
26:01but often there's
26:02further examinations
26:03and further inquiries
26:04that are needed
26:04to try and build that up.
26:06So the expert evidence
26:07was critical
26:08in being able to prove
26:10that his first event
26:11caused his death.
26:13As a result
26:14of the CPS advice
26:15Howard Millington
26:16asks another expert
26:17Professor David Jane
26:19to review
26:20the medical evidence
26:21but when the report
26:22comes back
26:23it brings
26:24an unwelcome opinion.
26:26Ultimately
26:26within Professor
26:27Jane's report
26:28he did actually
26:29cover that
26:30there was
26:31a neglect
26:31of medical
26:32compliance
26:33by Dean
26:35with his treatment
26:36the instructions
26:36he was given
26:37to keep
26:38his Hickman line
26:39clean
26:39hygiene factors
26:40to prevent infection
26:42obviously we know
26:43he subsequently
26:44did get an infection
26:45around these factors
26:46and died as a result.
26:47Non-compliance
26:48thankfully is quite rare
26:51but patients
26:52with these
26:53long-term
26:53chronic conditions
26:54which have
26:55a significant impact
26:56on their quality of life
26:57can develop depression
26:59and other issues
27:00at which
27:01they sometimes give up.
27:03Reports say
27:03that Dean
27:04was cutting
27:04his own Hickman line
27:05with a pair of scissors
27:06which is a very
27:06dangerous situation.
27:07He could cut the line
27:09and then start
27:10pouring blood
27:11from the Hickman line
27:11because it's a direct
27:12access into one
27:13of his large veins
27:14which could be
27:15a life-threatening
27:15situation.
27:16He could have
27:18air introduced
27:19you know
27:20going back inside
27:20through the Hickman line
27:22which could cause
27:22a fatal
27:23pulmonary embolus
27:25he can introduce
27:27infection
27:27just by cutting
27:28the line himself.
27:30Although Professor Jane
27:32concludes
27:32that there was
27:33a causal link
27:34between the original
27:35stabbing
27:36and Dean's death
27:37he states
27:38the predominant factor
27:39was Dean's
27:40non-compliance
27:41with medical care.
27:43Howard Millington
27:44now knows
27:45that in order
27:45to ward off
27:46defence claims
27:47that Dean
27:48was partially
27:49responsible
27:49for his own
27:50demise
27:50he must prove
27:52that the brain
27:53injury
27:53did not
27:54cause his death.
28:06John Berry
28:07who attacked
28:08his flatmate
28:09Dean Owen
28:09in 2007
28:10was convicted
28:12of wounding
28:12with intent
28:13and sentenced
28:14to eight years
28:15in prison.
28:16Despite surviving
28:17the attack
28:18Dean Owen's
28:19life is ruined
28:20by the traumatic
28:20injuries
28:21and he spirals
28:22into mental health
28:23problems
28:24not caring
28:24about looking
28:25after his own
28:26health.
28:27Five years later
28:28Dean is hospitalised
28:29after a fall.
28:31He shocks
28:32medical staff
28:32when he dies
28:33suddenly from
28:34septicemia.
28:35The pathologist
28:36believes there is
28:37a link between
28:38the original attack
28:39and Dean's death.
28:41But now Detective
28:42Superintendent
28:42Howard Millington
28:43has received a report
28:45from an independent
28:45expert
28:46concluding that
28:47Dean's death
28:48was caused
28:48by his own
28:49failure
28:49to look after
28:50himself.
28:52Howard Millington
28:53now has to clear
28:54an incredibly
28:54high bar.
28:55He knows
28:56that John Berry's
28:57lawyers will argue
28:58that Professor
28:59Jane's report
29:00proves
29:01that Dean Owen's
29:02septicemia
29:03was caused
29:04by his lack
29:05of self-care.
29:06This could persuade
29:06the jury
29:07to find John Berry
29:08not guilty.
29:09To counter this
29:10he first has to
29:11rule out any claim
29:12that the fall
29:13Dean suffered
29:14could also
29:15have been a factor.
29:17He asks
29:18neuropathologist
29:19Dr. Daniel Du Plessis
29:20to examine
29:21whether Dean's
29:22brain injury
29:22could have
29:23caused his death.
29:25A neuropathologist
29:26is a medically
29:26qualified doctor
29:28who specialises
29:29in diagnosing
29:31disease affecting
29:32the nervous system.
29:33That's the brain
29:34spinal cord,
29:35nerve muscle
29:36and the structures
29:37that cover that.
29:38In a forensic case
29:39I would usually
29:40receive the brain
29:41as a whole.
29:41So this is how
29:42I would receive
29:43the specimen
29:43in a bucket
29:44in preservative fluid.
29:46It would be taken out,
29:47drained,
29:47placed in water.
29:49Once it's rinsed
29:50it would be placed
29:53on a dissection board
29:54like this.
29:55I would inspect it
29:56with the naked eye.
29:57It's called
29:58the macroscopic examination.
30:00I would then
30:00slice the specimen
30:01and then
30:02after it's been sliced
30:04I would take samples.
30:06For the Dean Owen case
30:08the aim is to study
30:09the possible effects
30:10of the fall
30:11on his brain.
30:12So when I looked
30:13at Mr. Owen's brain
30:14my role was to
30:16investigate
30:17any features
30:18that may reflect
30:20primary brain injuries.
30:21These are things
30:22such as a bruise
30:23which is incontrovertible
30:24evidence of an
30:25impact type
30:26head injury.
30:29Following a thorough
30:30examination
30:31Dr. DuPlessis finds
30:32no evidence
30:33of bruises
30:34or brain damage
30:35that could have
30:36killed Dean.
30:37The injury
30:38whilst it may have
30:40caused him
30:40to be concussed
30:41because we have
30:42an account
30:43that he lost
30:43consciousness
30:44for a short
30:45period of time
30:46this wasn't
30:47such a serious
30:48head injury.
30:49If this was
30:49more forceful
30:50he may have
30:51been at risk
30:52of developing
30:53fresh subdual bleeds
30:54which clearly
30:55hadn't occurred
30:55in this case.
30:56There was nothing
30:58breaking the chain
30:59of causation
31:00introduced by
31:01Dr. Wilson
31:02between the original
31:03assault involving
31:04a stab wound
31:05to the abdomen
31:06and his eventual
31:07death five years
31:08later.
31:10Medical proof
31:11that the fall
31:11did not cause
31:12Dean's death
31:13through a brain
31:14injury is a
31:14breakthrough.
31:16But Professor
31:18Jane's findings
31:18that he failed
31:19to look after
31:20himself properly
31:21may hinder
31:21a murder charge.
31:23Dean had
31:24not always
31:25taken care
31:26of his hygiene
31:26around his
31:27Hickman line
31:27which caused
31:28infections
31:29and ultimately
31:30led to the
31:31infection that
31:31led to his
31:32untimely death.
31:34If Dean had
31:35looked after
31:35himself better
31:36he might have
31:36been able to
31:37have further
31:37surgery which
31:38might then have
31:39avoided the
31:39situation he
31:40found himself
31:41in.
31:42But the law
31:43is quite clear
31:44you take your
31:44victim as you
31:45find them.
31:46Had he not
31:46been stabbed
31:46he would have
31:47needed to look
31:48after the
31:48Hickman line.
31:49Effectively all
31:50routes lend
31:51back to what
31:51the defendant
31:52did to Dean.
31:53To bolster
31:54his investigation
31:55Howard Millington
31:56decides to
31:57research in
31:57detail previous
31:58cases that had
31:59similar circumstances.
32:01Given the fact
32:02that this was a
32:04causation murder
32:05they are quite
32:05rare.
32:06There is case
32:07law around it
32:08particularly the
32:08case of RV
32:09Gowans that
32:10form part of my
32:11research and my
32:12investigation.
32:14The Gowans case
32:15dates back to an
32:16incident in 2000
32:17when two men
32:18pulled a pizza
32:19delivery driver off
32:20his moped and
32:21violently attacked
32:22the victim before
32:22robbing him of
32:23cash.
32:24The pair were
32:25sentenced to jail
32:26for GBH and
32:28robbery.
32:29But their victim
32:30died the day
32:31after they were
32:31convicted from an
32:32infection caught
32:34while being treated
32:35for his injuries.
32:36They were
32:37subsequently charged
32:38with murder and
32:39convicted in 2001.
32:41There's a
32:42principle in
32:43criminal law
32:44which in fact
32:44was the basis
32:45of this
32:45prosecution and
32:46it's this.
32:47Take your
32:48victim as you
32:49find him or
32:50her.
32:51And essentially
32:51it means this.
32:52Whatever
32:52vulnerability this
32:53victim has or
32:55may not have
32:56whatever you do
32:57to that person
32:58you are culpable
32:59for any consequence
33:00that flows from
33:01that injury.
33:02It may be that
33:03the person had a
33:04heart defect.
33:05It may be that
33:06you might not
33:06necessarily have
33:07intended to
33:08murder them but
33:08you did.
33:09They lost their
33:10life.
33:10But whatever you
33:11inflict upon that
33:12victim, whatever
33:12their vulnerabilities
33:13all the consequences
33:14that flow from
33:15that injury are
33:17your responsibility
33:17and you are
33:19fully culpable.
33:20Case law is clear
33:21but the next step
33:22is crucial.
33:24Howard Millington
33:24must decide what
33:25to charge Berry
33:26with to persuade
33:27the CPS to
33:28prosecute and
33:29ensure justice
33:30for Dean.
33:31The fact that
33:32the defendants
33:33have been convicted
33:33of wounding with
33:35intent to cause
33:36grievous bodily
33:36harm made it
33:37much more likely
33:38that if we could
33:39prove the death
33:41was as a result
33:41of the stabbing
33:42that he would be
33:43charged with murder
33:43rather than
33:44manslaughter
33:45because murder
33:45requires an intention
33:47to kill or
33:48intention to commit
33:49grievous bodily harm.
33:50We'd already been
33:51convicted of
33:52wounding with
33:53intent to commit
33:53grievous bodily harm.
33:55Howard Millington
33:56submits the file
33:57to the CPS
33:58requesting to charge
33:59John Berry
34:00with murder.
34:01If they approve
34:02the case will need
34:03to be authorised
34:04by the Attorney
34:05General.
34:06So the Attorney
34:07General is an MP
34:08he's effectively
34:09appointed as the
34:10chief legal officer
34:11in the country
34:12so in a case like
34:13this where someone
34:14has died more than
34:15a year after the
34:15assault we've got
34:17to get the consent
34:18to the Attorney
34:18General so we
34:20have to send
34:20a sort of
34:21submission to
34:21them to explain
34:23what it is we
34:23want to prosecute
34:24what the evidence
34:25is and how we
34:26intend to present
34:26the case to a
34:27jury.
34:28But the first
34:29hurdle is gaining
34:30the CPS's approval.
34:31I was confident
34:32that the CPS
34:34would prosecute.
34:35We've got
34:35significant
34:38pathological
34:39evidence
34:39supporting a
34:40chain of causation
34:41from a home
34:42office approved
34:43pathologist
34:44Dr. Wilson
34:44other medical
34:45experts as well.
34:47We've also got
34:48an original
34:48conviction for
34:49section 18
34:50an offensive
34:51intent
34:52an intention
34:53to cause
34:53grievous bodily harm.
34:54So I was
34:55quite surprised
34:56I've got to
34:57admit when
34:58following the
34:59initial submission
35:00the CPS felt
35:01that this should
35:02be no further
35:02action.
35:04The CPS's
35:05decision not to
35:06prosecute Berry
35:07for Dean's
35:07murder is a
35:08huge blow.
35:09They agreed
35:10with Professor
35:11Jane.
35:12Dean had failed
35:12to keep his
35:13Hickman line
35:14clean leading
35:14to septicemia
35:15despite the
35:16injuries being
35:17caused by the
35:18original attack.
35:19But Howard
35:20Millington isn't
35:21giving up.
35:22At the time
35:23this felt like
35:24a real big
35:25disappointment
35:25I'll be honest
35:26with you.
35:27I didn't agree
35:28with the rationale.
35:29Had he not been
35:30stabbed in the
35:31first place
35:31he wouldn't
35:32have had to
35:33be fed
35:33through a
35:34Hickman line.
35:35Life changing
35:35injuries really
35:36reduced the
35:37quality of his
35:37life causing
35:38depression.
35:40So I strongly
35:42pushed back
35:43and disagreed
35:43with this
35:44initial CPS
35:45finding and
35:46felt that
35:46that chain
35:47of causation
35:48was still
35:49there.
35:49The forensic
35:50pathologist
35:51agreed with
35:51me.
35:52The other
35:52medical experts
35:53did.
35:54And there was
35:54case law to
35:55support my
35:56argument as
35:57well and
35:58that formed
35:59the basis
35:59of my
36:00appeal.
36:01Howard
36:02Millington
36:02believes he
36:03has a
36:03watertight
36:04case for
36:05murder and
36:06is determined
36:06to get
36:07justice for
36:08Dean's
36:08family.
36:09The CPS
36:10though has
36:11rejected the
36:11evidence on
36:12the basis
36:12that Dean's
36:13lack of
36:14self-care may
36:15have contributed
36:15more to his
36:17death than
36:17the original
36:18stabbing.
36:19Can Howard
36:20Millington
36:21persuade them
36:21to refer the
36:22case to the
36:23Attorney General?
36:35Five years
36:36after being
36:37brutally stabbed
36:38by John
36:38Berry, Dean
36:39Owen has
36:40died from
36:40septicemia.
36:42Evidence
36:42linking the
36:43two events,
36:44which could
36:44prove it was
36:45murder,
36:46include the
36:46original 999
36:47call with
36:48Berry telling
36:49Dean to
36:50die.
36:50I'm going to
36:51kill you.
36:51I'll do you
36:52properly.
36:52I'll do you
36:53again.
36:54Die.
36:55Post-mortem
36:56results stating
36:57that the
36:57original injuries
36:58led to his
36:59death.
37:00Medical
37:01investigations
37:02that show he
37:03didn't die from
37:03a brain injury
37:04caused by the
37:05fall.
37:06And past
37:08case law that
37:09suggests the
37:09fact that Berry's
37:10attack caused a
37:11knock-on effect
37:12that killed him
37:13even five years
37:14later should still
37:15lead to a guilty
37:16verdict.
37:17The police have
37:18submitted an
37:19extensive investigation
37:20file to the
37:21CPS who've
37:22rejected it on
37:23the grounds
37:23that Dean did
37:24not follow the
37:25extensive medical
37:26advice about how
37:27to look after his
37:28Hickman line and
37:29his help as set
37:31out by Dr.
37:32Jane.
37:33Detective
37:33Superintendent
37:34Howard Millington
37:35refused to
37:36accept the
37:36rejection and
37:37appealed on the
37:38basis of
37:39previous cases
37:40and legal
37:41precedents.
37:44There is a
37:45path whereby the
37:45police can
37:46challenge that
37:46decision and
37:47appeal it if
37:48they want to
37:48do so and
37:49then it gets
37:49reconsidered by a
37:50second CPS
37:51lawyer.
37:51Do they
37:52review all of
37:52the evidence?
37:53And it's not
37:54uncommon for
37:55lawyers to reach
37:56different decisions.
37:57This time another
37:59CPS lawyer agrees
38:00to refer the
38:01matter to the
38:02Attorney General
38:02who decides that
38:03Howard Millington
38:04can now charge
38:05John Berry
38:06with murder.
38:07When I was
38:08informed my
38:09appeal was
38:10successful.
38:11I'll be honest I
38:12was elated.
38:13A lot of work
38:14had gone into
38:14this by the
38:15team in
38:15particular.
38:16I really did
38:17feel like we
38:18were on the
38:18journey to
38:19secure justice
38:20for Dean and
38:21his family.
38:22So it was a
38:23real positive
38:24moment I must
38:25say.
38:26With the
38:26green light to
38:27go ahead with
38:28the trial
38:28specialist CPS
38:29lawyer Ben
38:30Southam prepares
38:31to prosecute the
38:32case.
38:33I went to
38:33meet with the
38:33family.
38:34It's what we
38:34do quite
38:35commonly in
38:36murder cases
38:36that we'll
38:36go and explain
38:37to the family
38:38who we are,
38:39how the case
38:39will proceed.
38:40It was a
38:41really useful
38:41meeting I
38:42think for the
38:42family.
38:43Just to
38:43explain the
38:44process as
38:45best I
38:45can and
38:46hopefully to
38:46answer any
38:47questions.
38:47I think to
38:48do that
38:48puts them
38:49at ease.
38:50It's really
38:50traumatic for
38:51them to be
38:53going to
38:53court for a
38:54murder trial.
38:56The trial of
38:57John Berry for
38:58the murder of
38:58Dean Owen five
38:59years after he
39:00attacked him
39:01begins in
39:02July 2015 at
39:04Liverpool Crown
39:05Court.
39:06Will the
39:06painstaking work
39:07of Howard
39:08Millington and
39:08his team
39:09convince the
39:10jury of
39:10Berry's guilt?
39:11I was very
39:12confident going
39:13into trial that
39:14this case would
39:15be proven and
39:16that was because
39:17of the work we
39:18did around
39:19securing the
39:20pathology evidence
39:21from the
39:21forensic post
39:22morten but also
39:24supported by
39:24expert medical
39:25opinion as well
39:27which also
39:28supported the
39:29chain of
39:29causation between
39:30the assault and
39:31Dean Owen's
39:32death five years
39:33later.
39:33I remember on
39:34the first day of
39:35the trial seeing
39:35Dean's family in
39:36the corridor you
39:36could tell the
39:38fact that they
39:39saw me,
39:40recognised me,
39:40just put them
39:40at ease.
39:41I've already
39:42met with them
39:42once,
39:43they know who
39:44I am,
39:44what I'm all
39:44about.
39:45I think it
39:46was really
39:46powerful for
39:47them.
39:48Berry is
39:49maintaining he
39:49acted in
39:50self-defence and
39:51did not intend
39:52to kill Dean
39:53but he cannot
39:54deny his
39:542007 conviction.
39:57His original
39:58conviction was
39:59explained to the
39:59jury right at the
40:00beginning of the
40:01case so they
40:01knew right from
40:02the very start
40:03of the trial
40:03that he'd
40:04already been
40:04prosecuted once
40:05and found guilty
40:06of winning with
40:07intent so that
40:08would have been
40:08very much in
40:08their mind when
40:10they were considering
40:10all the rest of
40:11the evidence.
40:12Ben Southam also
40:14plays the original
40:15999 call for the
40:16jury.
40:17I'm going to kill
40:18you.
40:18I'll do you
40:19properly.
40:19I'll do you
40:20again.
40:21Die.
40:21If you've got
40:22999 calls from
40:24the time that the
40:25event is taking
40:25place, I think that
40:27evidence is really
40:27powerful in front of
40:28a jury because a lot
40:30of evidence is
40:30quite dry, a lot of
40:31red material is put
40:32before a jury whereas
40:34if you've got
40:34something that's
40:35happening on the
40:36night then that's
40:37really quite
40:38significant and
40:39powerful for a jury
40:40to consider.
40:42The defence
40:42centred the case on
40:44the conclusions of
40:45Professor Jane that
40:46Dean Owen's lack of
40:47care of his Hickman
40:48line could have been
40:49a major factor in
40:50causing his death.
40:52The fact that Dean
40:53hadn't looked after
40:53himself which had
40:54led to the
40:55infections was part
40:56of the evidence and
40:57therefore we just
40:58had to deal with
40:58that and explain to
41:00the jury Dean had
41:01been stabbed, he
41:02not coped with it
41:02very well and
41:03therefore perhaps a
41:05lot of people would
41:05do the same in
41:06many ways but
41:07ultimately it still
41:08led to his death.
41:10The prosecution
41:11also addresses the
41:13allegation that
41:14Dean's death could
41:15have been caused by
41:16his fall.
41:16The evidence was
41:17that he'd fallen a
41:18couple of days before
41:19his death, he'd been
41:20admitted to hospital
41:21and obviously there
41:22was a concern whether
41:23or not that had had
41:24an impact upon why
41:25he'd died.
41:26Ultimately the
41:28pathology evidence
41:29particularly the
41:29evidence of Dr.
41:30De Plessis proven
41:31that wasn't the
41:31case.
41:33surprisingly the
41:34defence sticked to
41:35the line of self
41:36defence and failed to
41:37bring in any expert
41:38witnesses to challenge
41:40the prosecution's
41:41case.
41:41I wasn't surprised
41:43that the defence chose
41:44not to call any
41:45witnesses because it
41:47was a difficult case
41:48to defend.
41:49We'd already been able
41:50to prove in the
41:52earlier trial the act
41:54itself had taken
41:55place, the necessary
41:56intent was there, he'd
41:58been convicted of that.
41:59Then given the
42:00strength of evidence
42:01from the forensic
42:02pathologists and the
42:03other medical experts
42:04in their view and
42:05expert opinion showing
42:07a clear chain of
42:08causation between the
42:09original assault and
42:10the death of Dean
42:11Owen, I was really
42:13confident that this was
42:14going to lead to a
42:15conviction.
42:16The jury have to be
42:17sure that the person
42:19is guilty beyond
42:20reasonable doubt.
42:21Now there's no
42:22percentage why
42:23believe them to be
42:24guilty, 98%.
42:25It is an amorphous
42:26term which is for the
42:27jury itself to decide
42:29what beyond reasonable
42:30doubt is and it's a
42:31curious threshold but
42:33each jury makes the
42:34decision about what
42:35that threshold is.
42:36You have to be sure
42:37and in this instance I
42:39think they've no
42:40difficulty making that
42:41decision.
42:45On the third day of
42:46the trial the jury
42:47retire to consider the
42:49evidence and return
42:50just 13 minutes later
42:52with a verdict.
42:54they unanimously find John
42:56Berry guilty of murder.
42:58It's a triumph for Dean's
42:59family and for Howard
43:01Millington and his team.
43:03When the jury returned
43:04their verdict of guilty
43:05it was a huge relief.
43:08We were really pleased.
43:09We'd put a lot of hard
43:10work into this case and
43:12you know we'd really gone
43:13above and beyond to secure
43:15justice for Dean but for
43:17his family as well and the
43:18local community so it was
43:20really good to hear.
43:23I've never known a jury
43:24come back with a verdict
43:26within such a short time
43:27only 13 minutes and to me
43:30it shows that we'd achieved
43:31what we'd set out to achieve
43:33and put together a strong
43:34case.
43:35When you get a guilty
43:37verdict in a case like this
43:38it's always a nice feeling
43:39because it's a reflection of
43:40all the hard work that
43:41everyone's put into the case
43:42but more importantly it's the
43:44fact that Dean's family have
43:45got justice.
43:45It was the right decision
43:47to prosecute.
43:47It was the right verdict
43:48from the jury.
43:49I think that's really quite
43:50powerful as far as the
43:51family's concerned that they
43:53can sort of feel that
43:54they've had some justice
43:55for Dean's death.
43:56In summing up Judge David
43:58Aubrey Casey told the jury
44:01he agreed with their
44:03verdict.
44:04The only sentence the court
44:05can impose is life
44:06imprisonment but I have to
44:07consider he said the
44:09appropriate minimum term.
44:11He told the jury that
44:12Bury showed no emotion.
44:15He also said the family
44:16would never recover from
44:17their grief.
44:19He, Owen, was priceless
44:22to them and they had to
44:24watch him die slowly
44:25before their eyes.
44:27He said their lives had
44:29changed forever and will
44:30never be the same and
44:32Bury was sentenced to life
44:34imprisonment with a minimum
44:36term of 19 years.
44:38I thought the sentence was
44:40appropriate.
44:41I thought that was a
44:43sentence that fit the
44:44crime really.
44:47I wouldn't say necessarily
44:48there was one overriding
44:50piece of evidence.
44:51You know, the fact he'd
44:52been convicted first of all,
44:54the 999 call, the medical
44:56evidence, they were all
44:57parts of the jigsaw that
44:59led to the jury to convict
45:00and everything pointed in one
45:02pure direction and that was
45:03the fact that the defendant
45:04was responsible.
45:04At the end of the day, there
45:06were no winners in cases like
45:08this.
45:09It was not going to bring Dean
45:10back.
45:11He was purely loved by his
45:13family.
45:14But nonetheless, it was a relief
45:16for them and they were
45:17pleased to see justice served.
45:29John Berry's conviction for the
45:32murder of Dean Owen was a
45:34triumph of dedicated police
45:36work.
45:36It was a highly complex case
45:38that rested not only on the
45:40original conviction for Section
45:4118 wounding with intent, but
45:43also on the carefully crafted
45:46collection of medical evidence
45:47from the original forensic
45:49post-mortem to the finding of
45:51a causal link from the
45:53original stabbing to Dean's
45:55death from septicemia five
45:56years later.
45:57John Berry had ruined Dean's
46:00life and now would pay the
46:02price.
46:18The future of the
46:19Aaaah!
46:36meet with
46:36description
46:381
46:382
46:382
46:383
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