First published in Great Britain in 2019 by
PEN AND SWORD TRUE CRIME
an imprint of
Pen and Sword Books Ltd
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South Yorkshire S70 2AS
Copyright Stephen Downing, 2019
ISBN 978 1 52674 202 5
eISBN 978 1 52674 203 2
Mobi ISBN 978 1 52674 204 9
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Foreword
Wendy Sewell, a 32-year-old married legal secretary, worked for the Forestry Commission at Catcliffe House, Church Street in Bakewell, Derbyshire. At about 12.20 pm on Wednesday, 12 September 1973 John Osmaston, the commissions district officer, was on the telephone in his office when Wendy handed him a note to say that she was going out for a breath of fresh air. Later, Osmaston would say that just prior to this, he heard a mans voice in Wendys office, which he described as shrill, high pitched and agitated. Several people saw Wendy walking along Butts Road and around Bakewell Cemetery. A passerby, Charles Carman, saw her enter the cemetery through Burton Edge, and walk along the back path. The time was 12.50 pm and his was the last recorded sighting of her before she was attacked. She was beaten round the head with the handle of a pickaxe, a violent assault which appeared to be sexually motivated as her trousers, pants, plimsolls and parts of her bra had been removed. She died from her injuries in Chesterfield Royal Hospital two days later.
In the meantime, Wilfred Walker, the cemetery attendant who lived in the lodge by the main gate, saw the cemeterys 17-year-old groundskeeper, Stephen Downing, walk out of the gates with a fizzy pop bottle under his arm. Although nothing struck him as unusual about the young mans clothes or demeanour, he noticed that when Downing walked back through the gates a few minutes later, he no longer had the bottle. While Downing had been away, two council cemetery workmen, Eric Fox and Fred Hawksworth, had entered the cemetery in order to go to the store. A few minutes later Downing came across the unconscious and bloodied body of Wendy Sewell and tried to render first aid before going to the lodge to get Walker, who went with him to the scene of the attack.
Downing told police that he had found Wendy Sewell lying on the ground, covered in blood, and that her blood got on his clothes when she shook her head. Despite having learning difficulties and a reading age of 11, he was arrested, questioned for eight hours without a solicitor present and signed a confession.
Downings trial took place between 13 and 15 February 1974 at Nottingham Crown Court before Mr Justice Nield and a jury. He pleaded not guilty. Forensic scientist Norman Lee gave evidence and said the blood found on the accused could only have been present if he had been responsible for the assault. Lee described this evidence as a textbook example...which might be expected on the clothing of the assailant. After reaching a unanimous verdict, the jury found Downing guilty of murder and he was sentenced to be detained indefinitely, with a stipulation that he should serve a minimum of seventeen years.
There are three files held at The National Archives in Kew on the 1973 murder of Wendy Sewell. Two of these, J 188/63 and DPP 2/5332, are closed until 2069 and 2070 respectively. One file, J82/3322, is an open document and has been since 1 January 2005 and it is from this file that I have taken extracts:
In the Nottingham Crown Court Case Number: 1128/B1/74 on 13 February 1974 before the Honourable Mr Justice Nield Regina V Stephen Leslie Downing charged with the murder of Wendy Sewell on the 14 th day of September 1973. For the Prosecution Mr P Bennett QC and Mr K Matthewman and for the Defence Mr D Barker QC and Mr J Warren. From the Shorthand notes of J L Harpham Ltd Official Shorthand Writers, 55 Queen Street, Sheffield S1 2DX.
Clerk: Are you Stephen Leslie Downing?
Downing: Yes.
Clerk: Stephen Leslie Downing you are charged in this indictment with murder. The particulars of the offence are that you on the 14 th day of September 1973 in the County of Derby, murdered Wendy Sewell. Now, how say you to this charge, are you guilty or not guilty?
Downing: Not Guilty.
Mr Bennett opened the case on behalf of the prosecution and the statement from pathologist Dr Alan Usher was among those read out. The following day Mr Barker opened the case on behalf of the defence. On 15 February the judge summed up and the jury retired at 11.28 am to consider the case. At 12.28 pm, they came back with a unanimous verdict of guilty. Mr Justice Nield concluded with the words:
Well you have been found guilty on the clearest evidence of this very serious offence. The court has but one sentence in its power to pass and that is you will be detained during Her Majestys pleasure. Put him down please.
But Downing had a lifeline. A witness was found who said she saw Stephen Downing leaving the cemetery at the same time as she saw Wendy Sewell alive and unharmed. Downing applied for leave to appeal on the grounds he had a new witness who saw Wendy Sewell walking towards the back of the consecrated chapel. In the Court of Appeal at the Royal Courts of Justice on Friday, 25 October 1974, Lord Justice Orr, Mr Justice Shaw and Mr Justice Boreham heard the appeal in Regina v Stephen Leslie Downing but the witness evidence was deemed to be unreliable and the appeal was denied.
Caught in an innocent prisoners dilemma, Stephen Downing was unable to be paroled as he did not admit to the crime. He was classified as being in denial of murder and therefore ineligible for parole under English law. Downing would continue to deny the murder so his family attempted to get support for a retrial. In 1994, they wrote to the local newspaper, the Matlock Mercury and the editor, Don Hale, took up the case and ran a campaign. As a result of this and Downings persistent protestations of innocence the case was referred to the Criminal Cases Review Commission in 1997.
