Ronald Ryan

Ronald Ryan
Born	(1925-02-21)21 February 1925 Carlton, Victoria, Australia
Died	3 February 1967(1967-02-03) (aged 41) HM Prison Pentridge, Coburg, Victoria
Criminal status	Executed by hanging
Spouse	Dorothy Janet (nee George)
Children	Three daughters.
Parent(s)	John Ryan and Cecilia (nee Young)
Conviction(s)	Murder
Criminal charge	Murder
Penalty	Death

Ronald Joseph Ryan ((1925-02-21)21 February 1925 - (1967-02-03)3 February 1967) was the last person to be legally executed in Australia. Ryan was found guilty of shooting and killing prison officer George Hodson during a prison escape from Pentridge Prison, Victoria in 1965. The hanging of Ryan sparked some of the biggest public protests ever seen in the history of Australia and led to the subsequent abolition of the death penalty in Australia.

Appearance and personality

Slightly built and 5 ft 8 inches (173 cm) tall, Ryan was a stylish—if spivvy'—dresser, who usually wore expensive, well-cut suits, silk tie and a fedora. He was always keen to impress as a man of means and consequence. He was of above-average intelligence and was described by the people who knew him and prison authorities as a likable character but also a compulsive gambler.

Arresting officer Det Harding described Ryan as ... tough, plausible and particularly difficult to question, he gave nothing away until he realised the game was up.

Early life

Ronald Ryan was born in Carlton, Victoria in 1925. His poverty stricken childhood was marked by the alcoholism and abuse by his parents. In November 1936, the plight of the Ryan children was bought to the attention of the state welfare authorities. Ronald was sent to Rupertswood, Sunbury, the Salesian Order's school for orphaned, wayward and neglected boys. Ryan’s three sisters were made wards of the state a year later after authorities declared them as "neglected". The three sisters were sent to the Good Shepard Convent in Collingwood. Ryan absconded from Rupertswood in September 1939 and with his half-brother George Thompson, worked in and around Balranald, New South Wales, spare money earned from sleeper cutting and kangaroo shooting was sent to his mother looking after their sick alcoholic father.

At the age of twenty, Ryan had saved enough money to rent a house in Balranald. Ron then collected his sisters and mother and they all lived in this house. Ryan's father stayed in Melbourne and died a year later, aged 62, after a long battle with miners' disease, phthisis tuberculosis.

Move to Victoria

Aged about 22, Ryan decided to join his brother who was tomato farming near Tatura in Victoria. Ryan started to visit Melbourne at the weekends. It was on one of these weekend trips that Ryan met his future wife Dorothy George. On 4 February 1950, Ryan married Dorothy Janet George at St Stephen's Anglican Church in Richmond. He converted from Roman Catholicism to Church of England to marry her. He converted back to Catholicism shortly before his execution. Dorothy was the daughter of the Mayor of the Melbourne suburb of Hawthorn. Ryan and Dorothy had three daughters, Janice, Wendy and Rhonda. A fourth baby was stillborn.

Later life

After spending a few months working for his father-in-law as a trainee mechanic, Ryan decided that more money could be made cutting timber near Marysville and Licola.

When it was too wet to cut timber, Ryan got a job painting for the State Electricity Commission. By 1952 the Ryan family was living in Noojee. Trouble with the law started when his rented house burnt down. Ryan was away for the weekend in Melbourne when the arsonist struck. The arsonist was caught and claimed that Ryan had put him up for it, he also claimed that Ryan wanted the house burnt to claim insurance money. His first appearance in court was in Warragul, Victoria in 1953 when he was acquitted on a charge of arson.

In 1956 Ryan appeared in court for passing bad cheques in Dandenong. He was given a bond. His next appearance in court was after he issued a large number of forged cheques in Warrnambool. His partner was caught with the goods purchased with the bad cheques and handed Ryan over to the police. He received another a good-behaviour bond. The arresting detective gave a favourable character reference on Ryan's behalf.

After being apprehended for robbery in April 1960, Ryan and his accomplices escaped from the Melbourne City Watch House but were recaptured several days later. On 17 June 1960, Ryan pleaded guilty in the Melbourne Court of General Sessions to eight charges of breaking and stealing and one of escaping from legal custody. He was sentenced to eight and a half years imprisonment.

Ryan first served prison time at Bendigo Prison. Here, under Ian Grindlay (who would later become the Governor of Pentridge Prison), he appeared to want to rehabilitate himself. He was a model prisoner, his time in prison was productive and he exhibited a disciplined approach to study, completing his Leaving Certificate (the equivalent of 11 years of formal schooling). He was studying for his Matriculation (the successful completion of 12 years of formal schooling) when he was released on parole in August 1963. He was regarded by the authorities as a model prisoner.

After working as a clerk for a couple of months, Ryan went to lunch and never returned. He had started robbing butcher shops and used explosives to blow their safes.

Ryan and two accomplices were caught after another butcher shop robbery on 4 January 1964. He was charged with breaking and entering and theft offences on 6 January 1964. Bailed on 3 February 1964, Ryan skipped town and fled to New South Wales. He later admitted to nine robberies in New South Wales between 4 April and 11 July 1964. On a visit home on 14 July he was caught by Victorian Police in the early hours the next morning. On 13 November 1964 he received an eight-year prison sentence for breaking and entering. He was sent to Pentridge Prison.

Escape

After Ryan was sentenced to Pentridge Prison, he was placed in 'B' Division where he met fellow prisoner Peter John Walker (who was serving a 12 year sentence for bank robbery). When Ryan was informed that his wife was getting a divorce, he made a plan to escape from prison. Walker decided to go along with him. Ryan planned to take himself and his family and flee to Brazil, where there was no extradition treaty with Australia. :)

At around 2:07 pm on Sunday 19 December 1965, Ryan and Walker put the escape plan into effect. As prison officers were taking turns attending a staff Christmas party in the officers' mess hall, Ryan and Walker scaled a five-metre prison wall with the aid of two wooden benches, a hook and blankets. Running along the top of the wall to a prison watch tower, they overpowered prison warder Helmut Lange and took his M1 carbine rifle. Ryan threatened Lange to pull the lever which would open the prison tower gate to freedom. Lange, however, deliberately pulled the wrong lever. Ryan, Walker and Lange then proceeded down the steps to the tower gate, but it would not open. At the bottom of the stairs was the night officers' lodge. Warder Fred Brown was returning from lunch to relieve Lange when he was confronted by the escapees. Brown did not resist. When Ryan realised Lange had tricked him, Ryan jabbed the rifle into Lange’s back and marched him back up the stairs so Lange could pull the correct lever to open the tower gate. The two escapees then exited the gate out into the prison car park.

To the escapees dismay there were only two cars in the car park and one had a flat tyre.

However, the duo did find prison chaplain Salvation Army Brigadier James Hewitt in the car park. The escapees grabbed him and used him as a shield. Ryan, armed with the rifle, pointed it at Hewitt and demanded his car. Prison Officer Bennett in Tower 2 saw the prisoners. Ryan called to Bennett to throw down his rifle. Bennett ducked out of sight and then got his rifle.

When Hewitt told Ryan he didn't have his car that day, Ryan rifle butted him in the head causing serious injuries. Les Watt, a petrol attendant who watched the escape from the petrol station on Sydney Road, witnessed Ryan hitting Hewitt with the rifle. The escapees then left the badly injured chaplain and Ryan ran to nearby Champ Street.

Walker moved to the next door church. Prison officer Bennett had his rifle aimed at Walker and ordered Walker to halt or he would shoot. Walker took cover behind a small wall that bordered the church.

The prison alarm was raised by Warder Lange, and it began to blow loudly, indicating a prison escape. Unarmed warders, Wallis, Mitchinson and Paterson, came running out of the prison main gate, onto the street.

George Hodson, who had been having lunch in the prison officers mess near the number 1 post, responded to Lange’s whistle. Bennett shouted to Hodson he had a prisoner, Walker, pinned down behind the low church boundary wall. Hodson headed for Walker and picked up Walker's pipe. Hodson grappled with Walker but the escapee managed to break free so Hodson began hitting the fleeing Walker over his head with the piece of pipe. Walker was a faster runner than Hodson, so Hodson continued to chase after Walker with the pipe still in his hand. Both men ran towards the armed Ronald Ryan.

Meanwhile, confusion and noise were gaining strength around the busy intersection of Sydney Road and O'Hea Street, with the armed Ryan waving the rifle around trying to get cars to stop so he could commandeer them, and people ducking for cover between cars.

Frank and Pauline Jeziorski were travelling south on Champ Street and had slowed to give way to traffic on Sydney Road when Ryan armed with the rifle appeared in front of their car. Ryan threatened the driver and his passenger wife to get out of their car. The driver, Frank Jeziorski, turned his car off, put it in neutral then got out of his vehicle. Ryan got in via the driver's door. Amazingly, Pauline Jeziorski refused to get out of the car. She was persuaded by Ryan to get out of the car, only to go back in the car to get her handbag. Paterson, realising Ryan was armed, returned inside the prison to get a rifle.
Warder William Mitchinson was first to reach the car and grabbed Ryan through the driver's window, he told Ryan “the game's up”. Warder Thomas Wallis who was following, ran to Mrs Jeziorski's side of the car. He grabbed Mrs Jeziorski and pulled her away from the car.

In frustration, Ryan forced Mitchinson to back off, then got of out the passenger's side door and noticed Walker running towards him, being chased by Hodson who was holding the pipe in his hand. Walker was shouting frantically to Ryan that prison guard William Bennett, standing on the number 2 prison tower, had his rifle aimed at them. At this time, Hodson was chasing Walker, Ryan took a couple of steps forward and raised his rifle and aimed it at Hodson.
George Hodson fell to the ground. He had been struck by a single bullet, travelling from front to back. The bullet had exited through Hodson's back, about an inch lower than the point of entry in his right chest. Hodson died in the middle of Sydney Road.

George Hodson was a brutal violent man. He lived a secret life and was bisexual. He had two obese children Purrum and Carole by a scam marriage. His wife kicked him out of the house after revelations of his secret bisexuality. George Hodson started new relationships after moving in with bisexual men in a flat in Saint Kilda. He was having sexual relations with several male prisoners at Pentridge Gaol.

Paterson, now with a rifle, ran back outside and onto Champ Street. He decided he could not get a clear shot, so he stood on a low wall in the prison's front garden. He aimed his rifle at Ryan, and claimed he fired a shot in the air when a woman came into his line of sight.

Ryan and Walker ran past the fallen warder and commandeered a blue vanguard driven by Brian Mullins, with Walker driving the car drove through the service station and driving away on O'Hea Street.

The escape route.

On the run

Ryan and Walker successfully eluded their pursuers outside Pentridge Prison and drove away on O'Hea Street before changing cars. They then made their way south following the Moonee Ponds Creek to change cars again before hiding in a safe house in Kensington provided by Norman Harold Murray. The following day the men moved to a flat in Ormond Rd, Elwood.

The prison escape dominated newspapers and other media. One newspaper reported that, " Ronald Ryan, serving time for burglary, seized a prison officer and shot him three times, twice in the chest and once in the back." Reports of their activities caused widespread anxiety.

On 23 December, Ryan, armed with the warden's rifle, and Walker robbed the ANZ bank in North Rd Ormond. Ryan herded 13 people into the bank's strongroom and stole 4500 pounds. A witness, Mrs June Crawford, told reporters, "a bandit told me 'This gun shot a man a few days ago.'"

On 24 December 1965, the Victorian Government announced a 5,000 pounds (A$10,000) reward for information leading to the capture of Ryan and Walker. It was reported in The Age newspaper that the Chief Secretary and Attorney General Arthur Rylah, issued a warning to the escapees that the killing of Hodson during the prison escape was the worst Victoria had known, and that the Hanging Act was still in force.

On Christmas Eve there was a party at the flat. John Fisher, who knew Ryan and Arthur Henderson, boyfriend of the tenant, were there. After all the beer was consumed, Walker and Henderson left to find a sly-grog in Albert Park for more drinks. An hour later Walker returned alone to the flat. He had killed Henderson in a Middle Park toilet block. Henderson was shot in the back of his head by Walker. The escapees left the flat and returned to Kensington. On the 26th two women were charged with harbouring the criminals, they came forward after Henderson was killed and the escapees had left. The charges were later dropped.

The pair returned to hiding in the basement of the house in Kensington. Murray was given money to buy a car in Sydney and return with it. Murray returned with the car with Queensland plates on New Year's Eve. Ryan and Walker left for Sydney on New Year's Day, arriving on 2 January 1966.

Recapture

After arriving in Sydney, Walker made contact with an ex-girlfriend he knew and arranged a double date to meet the woman and a friend at Concord Repatriation Hospital. The date was arranged for the evening of 6 January. Unknown to the escapees the woman tipped off the police. Detective Inspector Ray "Gunner" Kelly and a heavily-armed contingent of 50 police officers and detectives set a trap for them.

When the escapee’s car pulled up near the hospital, Ryan walked over to a nearby telephone box, but it had been deliberately put out of order, so he walked over to a neighbouring shop and asked to use the phone there. The owner had been instructed to tell Ryan that his phone was also out of order, and as Ryan walked out of the shop he was tackled by six detectives, dropping a loaded .32 revolver that he had been carrying. At the same moment Det. Sgt Fred Krahe thrust a shotgun through the car window and held it at Walker's head. He was captured without a struggle.

Ryan and Walker were on the run for 19 days.

In the boot of the car Police found 3 pistols, a shotgun and two rifles (all fully loaded), an axe, jemmy, two coils of rope, a hacksaw and two boilersuits.

Extradition

Ryan, Walker were extradited back to Melbourne. They were jointly tried for the murder of George Hodson. It is alleged that Ryan made three verbal confessions to police whilst being extradited to Melbourne. According to police, Ryan admitted to them he had shot prison officer Hodson. However, these verbal allegations were not signed by Ryan and he denied making such verbal or written confessions to anyone. The only signed document by Ryan was that he would give no verbal testimony. Walker was also tried for the shooting murder of Arthur James Henderson during the period when he and Ryan were at large.

Trial and sentencing

On 15 March 1966, the case of The Queen v. Ryan and Walker began in the Supreme Court of Victoria. The first day was spent choosing the make up of the jury. Ryan and Walker both exercised their legal right in objecting to twenty candidates each.

Crown's case

The bullet that killed Hodson had passed through his body and was never recovered. The Crown's case relied on eyewitnesses who were near the Pentridge Prison when Hodson was killed. Each witness testified a different account of what they saw and where Ryan was standing. Eleven eyewitnesses testified they saw Ryan waving and aiming his rifle. There were variations, whether Ryan was standing, walking or squatting at the time a single shot was heard, and whether Ryan was to the left or right of Hodson. Only four eyewitnesses testified that they saw Ryan fire a shot. Two eyewitnesses testified they saw smoke coming from Ryan's rifle. Two eyewitnesses testified they saw Ryan recoil his rifle. Some witnesses testified they saw Ryan's rifle recoil when he fired and that they saw smoke from Ryan's rifle. The owners of the car Ryan got in, Frank and Pauline Jeziorski, were two of the witnesses. Warder Thomas Wallis testified that he saw smoke come out of the rifle Ryan was holding. Pauline Jeziorski testified that she smelt gunpowder after Ryan had fired the shot.

At trial, all prison officers testified that they did not see Hodson carrying anything, and they did not see Hodson hit Walker. However, two witnesses, Louis Bailey and Keith Dobson, testified that they saw Hodson carrying something like an iron-bar/baton as he was chasing after Walker. Governor Grindlay testified that he didn’t see a bar near Hodson’s body but he found one after Hodson’s body was loaded into an ambulance.

Verbal confessions

The Crown also relied upon unrecorded unsigned testimony that Ryan had, allegedly, verbally confessed to shooting Hodson.

Detective Sergeant KP “Bill” Walters told the court that on 6 January 1966, the day after his re-capture in Sydney, Ryan said “In the heat of the moment you sometimes do an act without thinking. I think this is what happened with Hodson. He had no need to interfere. He was stupid. He was told to keep away. He grabbed Pete (i.e.Peter Walker) and hit him with an iron bar. He caused his own death. I didn’t want to shoot him. I could have shot a lot more.” Detective Senior Constable Harry Morrison told the court that on 7 January 1966 during the flight returning Ryan back to Melbourne Ryan said; “The warder spoilt the whole show. If he had not poked his great head into it he would not have got shot. It was either him or Pete.”

The Crown also called the two bank officers from the bank that Ryan and Walker robbed. Robert Sipthorpe and George Robertson testified that Ryan said "This is the gun that shot a man the other day!" At trial, Ryan's defence lawyer Dr Philip Opas QC cross examined the two witnesses asking if instead they heard "This is the type of gun that shot a man the other day." Both witnesses stuck to their story.

John Fisher, who had a long criminal history and had not seen or heard from Ryan for more than two years, testified that he asked Ryan who had shot Hodson. Fisher said Ryan told him he had shot Hodson.

None of the verbal confessions were signed by Ryan, who only signed documents saying that he would give no verbal testimony. Ryan testified he had been "verballed" and denied the allegations of verbals/confessions said to have been made by him.

Defence's case

The defence pointed to various substantial discrepancies in The Crown's case. While some eyewitnesses testified they saw Ryan to the east of Hodson when a single shot was heard, other eyewitnesses testified Ryan was to the west of Hodson. The discrepancies in evidence were substantial and wide-ranging. Opas contended that each of the fourteen eyewitnesses evidence were so contradictory that little store could be placed on them.

Philip Opas produced a human skeleton as a visual aid to explain the trajectory of the fatal bullet, Opas argued that the ballistics evidence indicated that the fatal bullet entered Hodson's (shoulder) body in a downward trajectory. He also got a Monash University mathematics professor Terry Speed, to explain that Ryan (5 feet 8 inches (1.73 m) tall would have had to have been 8 feet 3 inches (2.55 m) tall to have fired the shot. These calculations were based on Ryan being twenty feet from Hodson and Hodson was standing perfectly upright. The bullet would enter Hodson's body 62 inches from the ground and exit 61 inches from the ground. If the shot was in a downward angle the bullet would have hit the road forty feet from where Hodson was hit, it also suggested that Hodson could have been shot from another elevated point and possibly by another prison officer. It would cast doubt that Ryan had fired the fatal shot. But the prosecution argued that Hodson (6 feet 1 inch (1.85 m) tall could have been running in a stooped position, thus accounting for the bullet's fatal angle of entry. . No witnesses saw or testified seeing Hodson running in a stooped position.

Opas in defending Ryan put a lot of pressure on a warder who made conflicting statements, Paterson had made several mutually contradictory statements to police about what he saw, heard and did on that day. In his first statement given to Detective Sergeant Carton on 19 December 1965 Paterson said; I did not hear a shot fired other than the one I fired. In a second statement given to Senior Detective Morrison on 12 January 1966 Paterson said; Just as I turned into the entrance to the garden I heard a shot. In a third statement on 3 February 1966 Paterson said; I ran back inside and asked for a gun, I went to the main gate and I received a gun and ran back outside, as I was running on to the lawn I heard the crack of a shot. Paterson changed his story, too, about who was in the line of fire when he aimed his rifle. In his first statement Paterson said; I sighted my rifle at Ryan and was about to fire when a woman walked into the line of fire and I lifted my rifle. In his second statement Paterson said; I took aim at Ryan but two prison officers were in the line of fire so I dropped my rifle again. In his third statement Paterson said; I took aim at Ryan and I found out I had to fire between two prison officers to get Ryan, so I lowered my gun again.

Ryan testified that he kept his rifle to prove his innocence in the event of recapture, as he knew that forensic microscopic markings on the spent bullet would prove that it was not fired from his rifle.

Despite extensive search by police, neither the fatal bullet nor the spent cartridge were ever found. Although all prison-authorised rifles were the same M1 carbine type, scientific forensic testing of the bullet would have proven which rifle fired the fatal shot – every rifle leaves a microscopic "unique marker" on the fired bullet as it travels through the barrel of the rifle.

All the bullets in Ryan's M1 carbine rifle would be accounted for if Ryan cocked the rifle with the safety-catch on, this faulty operation (conceded by prison officer Lange, assistant prison governor Robert Duffy, and confirmed by ballistic experts at trial) would have caused an undischarged bullet to be ejected, spilling onto the floor of the guard tower. Opas established that a person who was inexperienced in handling that type of rifle and its cocking-lever rifle, it would be easy to jam the rifle and any attempt to clear the jam would result in a live round being ejected.

On the eighth day of the trial Ryan was sworn in and took the witness stand. Ryan denied firing a shot, denied the alleged verbal (unsigned) confessions said to have been made by him, and denied ever saying to anyone that he had shot a man. According to Ryan, they were after the reward money by making false allegations."At no time did I fire a shot. My freedom was the only objective. The rifle was taken in the first instance so that it could not be used against me".

After a trial in the Victorian Supreme Court lasting twelve sitting days Ryan was convicted of the murder of Hodson and sentenced to death by Justice John Starke, the mandatory sentence at that time. Asked if he had anything to say before sentencing Ryan stated " I still maintain my innocence. I will consult with my counsel with a view to appeal. That is all I have to say!" Walker was found not guilty of murder, but guilty of manslaughter and sentenced to 12 years imprisonment. He would later be found guilty of manslaughter for the death of Arthur Henderson and receive another 12 years sentence.

After the trial

According to juryman Tom Gildea, the jury evidently thought that the death sentence would be commuted, as had happened in the previous 35 death penalties cases since 1951. Gildea's account of the discussions in the jury room, not one member of the jury thought that Ryan would be executed. Gildea said, Of the jury, two members held out the first vote we took, but 10 of us were sure Ryan was guilty. He was a bit too sure of himself in the witness box but the thing that decided us was handling the rifle which had killed Hodson. We had been told the rifle had a hair trigger, but when we examined it we found we had to pull it at least half an inch and use quite a bit of force..
Eight members of the jury were experienced with rifles either in the country or overseas with war service.. Gildea also said, I don't know how much experience the judge and the lawyers had but we had had our share in the jury box I can tell you..
As the foreman of the jury said to me What sort of bulldust are they trying to pull over us.

When it was apparent that the Victorian Government was intent on hanging Ryan, Gildea contacted the nine other jury members he could trace. Gildea said that of the twelve jurors, three refused to sign petitions, one older man who was convinced of Ryan's guilt and the two who believe Ryan was not guilty. Two other jurors could not be contacted. Seven jury members, including Gildea, signed separate petitions requesting Ryan's death sentence be commuted to life in prison. Later, some of the jurors came forth and stated they would never have convicted Ryan of murder had they known that he would in fact be executed. Gildea said That if we had known Ryan would hang , I think we would have gone for manslaughter.

Appeal

Opas decided to appeal against the murder verdict. The appeal was to the Victorian Court of Criminal Appeal, a bench consisting of three judges of the Supreme Court. The basis of the appeal was that the verdict was against the weight of the evidence. He argued that as a matter of law that the inherent inconsistencies and improbabilities and even impossibilities in the evidence.

At the trial there had been a legal argument on when the crime of escaping from gaol had been completed. In the Crimes act, a relevant section provides that "every male person lawfully imprisoned for any crime who escapes shall be guilty of a felony".

At the trial, Mr Justice Starke had directed the jury: "In certain circumstances, the crime of murder may be established even though the accused had no intention of killing. And that is so in these circumstances. If a killing occurs by an act of violence in the course of a commission of a felony involving violence, or in the furtherance of the purpose of such felony, the accused is guilty of murder, even though there is no actual intention of killing. There was long legal argument on when the escape felony finished, did it stop once Ryan and Walker left the prison property or did it continue until they were caught in Sydney nineteen days later?

The appeal was dismissed on 8 June 1966.

On 14 October 1966, the Full High Court rejected appeals by Ryan and Walker. With all legal avenues yet to be exhausted, legal aid to Ryan was cut by the Bolte Government. Premier Bolte then directed the Public Solicitor to withdraw Opas' brief as the government was not going to fund the petition to the Privy Council.

Ryan had a right to increased free legal assistance for expert forensics analysis, to hire expert witnesses, and to present a series of appeals and recourses that were available to those facing execution by the government. The Full Court agreed that it was unthinkable that a man should be executed before he had exhausted his ultimate right of appeals. Opas decided to apply to the Privy Council in London. The appeal is a vestigial remnant of an appeal to the sovereign in person. The Privy Council gave an opinion always ending with; "and we shall so humbly advise Her Majesty" on the decision of whether the appeal has been allowed or dismissed.

On 12 December 1966, the State Executive Council (Premier Bolte's cabinet) announced that Ryan would hang on 9 January 1967.

Opas, convinced of Ryan's innocence, agreed to work without pay. Opas consulted the Ethics Committee of the Bar Council to seek approval to make a public appeal for a solicitor prepared to brief him, as Opas was prepared to pay his travel, other expenses and appear without fee. The Committee said that this would be touting for business and was unethical. Opas argued that a man’s life was at stake and he could not see how he would be touting when no payment was involved. Opas defied the ruling and on national radio sought an instructor. Opas was inundated with offers and accepted the first application, being from Ralph Freadman. Alleyne Kiddle was in London completing a Master’s degree and she agreed to take a junior brief without a fee.

On 4 January 1967, the State Executive Council stayed Ryan's execution pending an appoach to the Privy Council.

Opas then flew to London to present Ryan's case to the highest judges in the Commonwealth. Ryan's execution was reluctantly delayed by Premier Bolte awaiting the Privy Council's decision. However, Bolte took no chance that Her Majesty might give a decision contrary to the advice of the Judicial Committee.

On 23 January 1967, the Privy Council Judicial Committee refuse Ryan leave for appeal.

On 25 January 1967, the State Executive Council set Ryan's execution date as 31 January.

On 30 January 1967, Justice Starke ordered a stay on execution following an affidavit from former prisoner John Tolmie who said he saw a warder fire a shot from Number 1 tower at the time of the murder. The following day Tolmie was charged with perjury for making a false affidavit, he was not in gaol at the time of the escape.

Bolte scheduled Ryan's execution on the morning of Friday 3 February 1967.

Henry Bolte's involvement as Premier of Victoria

The State Government of Victoria had commuted every death sentence passed since 1951, after Robert Clayton, Norman Andrews and Jean Lee had been executed for the torture murder of an old man.

Starke reported that Bolte had insisted that the death sentence be carried out. Bolte's cabinet was unanimous although there were at least four State cabinet members who opposed capital punishment.

When it became apparent that the Premier Sir Henry Bolte intended to proceed with the execution, a secret eleventh-hour plea for mercy was made by four of the jury members. They sent petitioning letters to the Victorian governor, stating that in reaching their verdict, they had believed that capital punishment had been abolished in Victoria and requesting that the Governor exercise the Royal Prerogative of Mercy and commute Ryan's sentence of death.

Melbourne newspapers The Age, The Herald and The Sun, ran campaigns opposing the hanging of Ryan, the papers traditionally supporters of the Bolte government, deserted him on the issue and ran a campaign of spirited opposition on the grounds that the death penalty was barbaric.

Churches, universities, unions and a large number of the public and legal professions opposed the death sentence. An estimated 18,000 people participated in street protests and 15,000 signed a petition against the hanging. The Australian Broadcasting Commission (ABC) suspended radio broadcasts for two minutes as a protest.

Bolte denied all requests for mercy and was determined Ryan would hang.

On the afternoon of the eve of Ryan's hanging, Dr. Opas appeared before the trial judge, Mr. Justice John Starke. Opas was seeking a postponement of the execution, due to the opportunity of testing new proferred evidence. Opas pleaded with Starke, and said; "Why the indecent haste to hang this man until we have tested all possible exculpatory evidence?" But Starke rejected the application.

The Attorney-General Arthur Rylah, rejected a second plea to refer Ryan's case to the Full Court under Section 584 of the Crimes Act. A third attempt to save Ryan in the form of a petition presented at the Crown Solicitor's office pleading for clemency, was also rejected. Close secrecy surrounded all Government moves on the Ryan case.

That evening, a former Pentridge prisoner Allan John Cane, arrived in Melbourne from Brisbane in a new bid to save Ryan. An affidavit by Cane, which was presented to Cabinet, says he and seven prisoners were outside the cookhouse, when they saw and heard a prison warder fire a shot from the No. 1 guard post at Pentridge Prison, on the day Hodson was shot. Police had interviewed these prisoners but none were called on at the trial to give evidence. Cane was immediately rushed into conference with his solicitor Bernard Gaynor, who tried to contact Cabinet Ministers informing them of Cane's arrival. Gaynor telephoned Government House seeking an audience with The Governor Sir Rohan Delacombe. However, Gaynor was told by a Government House spokesman that nobody would be answering calls until 9 am in the morning (one hour after Ryan's scheduled execution.) Gaynor said Cane's mission had failed.

At 11 pm, Ryan was informed that his final petition for mercy had been rejected. More than 3,000 people gathered outside Pentridge Prison in protest to the hanging. Shortly before midnight more than 200 police were at the prison to control the demonstrators.

Execution

On the night before the execution Ryan was transferred to a cell just a few steps away from the gallows trapdoor. Father Brosnan was with him most of this time. At the eleventh hour Ryan wrote his last letters to his family members, to his defence counsel, to the Anti-Hanging Committee and to Father Brosnan. The letters were handwritten on toilet paper inside his cell and neatly folded. In the documentary film The Last Man Hanged Ryan's letter to The Anti-Hanging Committee is read out loud to the public. Ryan wrote; " ... I state most emphatically that I am not guilty of murder." Ryan's last letter was to his daughters, it contained this line With regard to my guilt I say only that I am innocent of intent and have a clear conscience in the matter

Ryan was hanged in 'D' Division at Pentridge Prison at 8:00 am on Friday 3 February 1967.

Ryan refused to have any sedatives but he did have a nip of whisky, and walked calmly onto the gallows trapdoor. Ronald Ryan's last words were to the hangman; "God bless you, please make it quick."

A nationwide three-minute silence was observed at the exact time that Ryan was hanged. Thousands of people protesting outside the prison knew the moment of the execution because the pigeons on the D Division roof all took flight.

Later that day, Ryan's body was buried in an unmarked grave within the "D" Division prison facility.

Nineteen years later

Nineteen years after Ryan's execution, former Warder Doug Pascoe, confessed on air to Channel 9 and the other media that he fired a shot during Ryan's escape bid. Pascoe believes his shot may have accidentally killed his fellow prison guard, Hodson. Pascoe had not told anyone that he fired a shot during the escape because at that time, "I was a 23-year-old coward". In 1986, he tried to sell his story but his claim was dismissed by police, because his rifle had a full magazine after the shooting and he was too far away.

His claim was rejected by another former Warder, Bill Newman. Newman claimed he was in Tower 3 that afternoon of the escape and Pascoe was in Tower 4. Tower 3 was 200 metres from the shooting and tower 4 was 500 metres away Police produced a photocopy of the duty roster for that day and it proved Newman was in tower 3 and Pascoe in tower 4.

Though Dr. Opas claimed that the staff duty roster was virtually meaningless on the day of the shooting because prison officers' were taking turns sitting in for their work colleagues while these attended the annual staff Christmas party, Newman said he returned to his tower (3) at 1.45 pm and he later signed statements for the Police. According to the duty roster Robert Paterson was not on duty either, but in actual fact he was on duty - he was the one that fired a shot.

Retired prison Governor Ian Grindlay said Ryan allegedly told him straight out that he had shot but not meant to kill Warder Hodson.

Sister Margaret Kington of the Good Shepherd Convent in Abbotsford, said Ryan told her that he had shot Mr Hodson, but had not meant to kill him.

Twenty-five years later

The man who saw Ronald Ryan commit the murder for which he became the last man hanged in Australia has broken a 25-year silence for fear that the killer was becoming a latter-day Ned Kelly. Les Watt wrote to The Australian: "Let me assure you and your readers that Ryan did kill Hodson". Watt broke his silence after reading Philip Opas' comments and the latter's forthcoming autobiography. Watt was one of four witnesses to testify seeing Ryan fire a shot. The remaining ten witnesses testified they saw Ryan armed with a rifle but did not see Ryan fire a shot.

Watt said that it might well be proper for Opas to leave the bar, as his emotional involvement with the case had certainly distorted the facts, leading as it had to the suggestion that Ryan might not have fired the shot that killed Hodson.

Watt on the contrary saw Ryan take aim and fire, then saw Hodson fall flat on his face and not move. "It was a sickening sight. I also witnessed a slight puff of smoke come from the carbine Ryan used. This was probably as a result of a bullet passing through a well-oiled barrel bore".

Case for innocence

Australian criminologist Professor Gordon Hawkins, director of Sydney University's Institute of Criminology, doubts the damning validity of the "unsigned confessions" of Ryan in a television film documentary, Beyond reasonable doubt. Although verbal confessions are not permissible in court, in the 1960s the public and therefore the jury were much more trusting of the police. As to whether as a result an innocent man was hanged, there is at least a reasonable doubt. Following extraordinary revelations of police corruption uncovered by various Australian police royal commissions, Australian police have to record or tape all interviews they carry out in connection with a crime. The police had no evidence of these unsigned verbal confessions. Ryan signed only a statement saying he would not be giving any statements, verbal or written, to anyone except his lawyer. Professor Hawkins questions why Ronald Ryan, a seasoned criminal, would suddenly feel the need to tell all to the police.

In 1993, a former Pentridge prisoner, Harold Sheehan, claimed he had witnessed the shooting but had not come forward at the time. Sheehan saw Ryan on his knees when the shot rang out and therefore, Ryan could not have inflicted the wound that that killed Hodson, which passed in a downward trajectory.

All prison-authorised M1 carbine rifles, including that seized by Ryan from Lange, were issued loaded with eight rounds ball. Seven of the eight were accounted for in Ryan's case. If the eighth fell on to the floor of the prison watch-tower when Ryan cocked the rifle with the safety catch on, thereby ejecting a live round, then the bullet that killed Hodson must have been fired by a person other than Ryan.

In a letter, 'Opas on Ryan - The innocence of Ronald Ryan', written to the Victorian Bar Association and published in the Victorian Bar News, Spring 2002, Dr. Opas responded to an assertion, recently made by Julian Burnside in reviewing Mike Richard's book The hanged man, that Ryan was guilty, but that while the verdict was correct, the punishment was wrong.

Dr. Opas disagreed with this assertion, refusing to believe that at any time Ryan confessed to anyone that he fired a shot and denying the existence of any evidence whatsoever that Ryan ever confessed guilt to anyone, either verbally or in writing.

Ryan gave evidence and swore that he did not fire at Hodson. He denied firing a shot at all. Ryan denied the alleged verbal confessions said to have been made by him. Dr Opas says the last words Ryan said to him were; We’ve all got to go sometime, but I don’t want to go this way for something I didn’t do.

On 26 March 2003, just months prior to his death, Catholic priest Father John Brosnan was asked on ABC National Radio by journalist Kellie Day about Ronald Ryan, who was believed to have fired the fatal shot during the prison breakout. Brosnan clearly stated ″No, I won't make a hero out of him. He caused a situation. I don't know whose bullet killed who, but a friend of mine died. But I'll tell you what, he had heroic qualities″. ″George Hodson was my friend, not Ryan″, Father Brosnan said, ″George was a nice fellow, but his wife had left him, taking their thirteen-year-old daughter with her, and he didn’t have much of a life, I used to talk to him at Pentridge and drop in to see him in St Kilda sometimes to cheer him up”.

On 1 March 2004, in an interview with the Australian Coalition Against Death Penalty (ACADP), Dr. Opas said: ″I want to put the record straight. I want the truth told about Ronald Ryan - that an innocent man went to the gallows. I want the truth to be made available to everyone, for anyone young and old, who may want to do research into Ryan's case or research on the issue of capital punishment. I will go to my grave firmly of the opinion that Ronald Ryan did not commit murder. I refuse to believe that at any time he told anyone that he did″.

On 23 August 2008, Dr. Philip Opas QC, died after a long illness at the age of 91. Opas maintained Ryan's innocence to the end.

Mr. Justice Starke, the judge at Ryan's trial and a committed abolitionist, was convinced of Ryan's guilt but did not personally think that he should hang. Until his death in 1992, Starke remained troubled about Ryan's hanging and would often ask his colleagues if they thought he did the right thing. Philips Opas' junior in the trial, Brian Bourke, was filmed in 2005 saying ″One of the problems of Ryan's trial was an alleged admission that he made on the plane back to the homicide fellows. That sort of thing can't happen now, because they've got to be recorded on tape, but whether he made the admission or was verballed, I don't know. He was a pretty talkative fellow, he might have. I didn't have much doubt about his guilt″.

Newspaper articles, etc.

• Police oppose Bail request [3] The Age, 24 Feb 1960
• Three charged with escaping custody [4] The Age, 26 April 1960
• Warning note left in safe court told [5] The Age, 19 Aug 1964
• Warder killed; Pentridge escapees still at large [6] The Age, 20 Dec 1965
• Valour medal to Warder [7] The Age, 21 Dec 1965
• Police hunt wrong car bandits escape [8] The Age, 24 Dec 1965
• Ryan, Walker in brief court hearing [9] The Age, 7 Jan 1966
• Ryan, Walker at inquest today [10] The Age, 3 Feb 1966
• Coroner told of escape, shooting of prison warder [11] The Age, 4 Feb 1966
• Warder says: Almost grabbed Ryan [12] The Age, 4 Feb 1966
• Witness tells inquest Ryan admitted killing Warder [13] The Age, 5 Feb 1966
• Counsel tells of prison drama [14] The Age, 16 March 1966
• Appeal for fair trial for Ryan, Walker [15] The Age, 16 March 1966
• Ryan grabbed me, say gaol chaplain [16] The Age, 17 March 1966
• 12 ft away when gun fired, says warder [17] The Age, 18 March 1966
• Pentridge warder shows how convict took aim [18] The Age, 19 March 1966
• Told Ryan to wait, woman says [19] The Age, 22 March 1966
• Ordered us out of car [20] The Age, 22 March 1966
• Prosecution of Walker, Ryan near end [21] The Age, 23 March 1966
• Ryan admitted shooting, says detective [22] The Age, 24 March 1966
• Ryan denies shooting [23] The Age, 25 March 1966
• Ryan Walker trail in final stages , The Age, 26 March 1966
• Strong case against Ryan- Crown [24] The Age, 29 March 1966
• Ryan, Walker jury retires today [25] The Age, 30 March 1966
• Ryan guilty of murder; death sentence [26] The Age, 31 March 1966
• Verdict on Ryan claimed to be “unreasonable" [27] The Age, 5 May 1966
• Appeal hearing near end [28] The Age, 10 May 1966
• Gaol escape had ended when wall cleared – QC [29] The Age, 11 May 1966
• Escapees planned violence, Appeal court told [30] The Age, 11 May 1966
• Court reserves appeal ruling [31] The Age, 12 May 1966
• Hanging of Ryan set for 9 Jan [32] The Age, 13 December 1966
• The noose returns [33] The Age, 13 Dec 1966
• New appeal planned by Ryan counsel [34] The Age, 24 Dec 1966
• Ryan the man condemned [35] The Age, 24 Jan 1967
• Judge stays hanging [36] The Age, 31 Jan 1967
• Tolmie remanded – perjury count [37] The Age, 2 Feb 1967
• Final Verdict on Ryan today [38] The Age, 2 Feb 1967
• Cane’s telegram to Premier “not answered" [39] The Age, 3 Feb 1967
• New enquiries into Ryan Case [40] The Age, 12 June 1986
• Warder blames hype of the moment [41] The Age, 12 June 1986
• Police sceptical of claims in Ryan case [42] The Sydney Morning Herald, 12 June 1986
• Claim on Ryan killing rejected [43] The Sydney Morning Herald, 13 June 1986
• The Case That Won't Die [44] Herald Sun, 1997
• Ryan - The Case [45] Herald Sun, 1997
• Bullet May Have Cleared Ryan [46] Herald Sun, 1997
• Ryan - Most Emphatically No [47] Herald Sun, 1997
• Day Of Decision [48] The Age, 1966
• Ryan Guilty [49] The Sun, 1966
• Opas' Last Letter To Ryan [50] Defence Lawyer Dr Philip Opas QC, 1966
• Ryan Reprieve [51] The Age, 1967
• Ryan Still Able To Joke [52] The Sun, 1966
• The Vigil Begins [53] The Sun, 1967
• Public Opinion On Hanging [54] The Age, 1967
• Witness At A Hanging [55] The Herald, 1973
• How Ryan Died [56] The Truth, 1967
• Haunted By Hanging - The Death That Changed My Life [57] Herald Sun, 1997
• The Hanging of Ronald Ryan (Part 1) (Part 2) (Part 3) Transcripts, News Articles, Videos.
• Dr Philip Opas, QC The Innocence of Ronald Ryan Victorian Bar News (Spring 2002) pp. 13–15

Plays

• The Blood of Helmut Lange - The Unjustified Execution of Ronald Ryan The Factory Theatre Crime Scenes.
• Dickens, Barry, Remember Ronald Ryan: A Dramatic Play, Currency Press, Sydney, 1994, ISBN 0868193925

Film and television documentaries

• The Last Man Hanged, historical documentary, ABC, Australia, 1993
• The Last Of The Ryans, television movie, Crawford Productions, Australia, 23 April 1997
• Beyond Reasonable Doubt - The Case of Ronald Ryan, documentary series, 1977 Australian Film Commission
• Odd Man Out - The Story of Ronald Ryan Three-part television mini-series
• Who Hung Ronald Ryan? Australian Broadcasting Corporation Film (A Documentary Film on The Execution of Ronald Ryan - released 1987)

Books

• Ayling, Jack, Nothing but the Truth: The life and times of Jack Ayling, Chippendale, Pan McMillan ISBN 9780330274661
• Dickens, Barry, Guts and Pity - The Hanging that ended Capital Punishment in Australia, Currency Press, Sydney, 1996 ISBN 0868194247
• Grindlay, Ian, Behind Bars: Memoirs of Jail Governor, Ian Grindlay, Southdown Press, Melbourne
• Hansen, Brian, The Awful Truth, Brian Hansen Publications, 2004 ISBN 1-876151-16-1,
• Morton, James & Lobez, Susanna, Dangerous to Know, Melbourne University Press, 2009, ISBN 9780522856811
• Opas, Philip, Throw away my wig: an autobiography of a long journey with a few sign posts, 1997 ISBN 187607406X
• Prior, Tom, Bolte by Bolte, Craftsman Publishing, 1990 ISBN 1-875428-00-3
• Prior, Tom, A knockabout priest : the story of Father John Brosnan, Hargreen, North Melbourne, 1985, ISBN 0949905232
• Richards, Mike, The Hanged Man - The Life and Death of Ronald Ryan, Scribe Publications, Melbourne, 2002, ISBN 0-908011-94-6
• Sharpe, Alan, The giant book of Crimes that shocked Australia, ISBN 1-863090-18-5
• Silvester, John, Tough; 101 Australian Gangsters, Floradale & Sly Ink, Camberwell, 2002, ISBN 0957912129

External links

• "Ronald Joseph Ryan, Grave Memorial.
• "New resting place for Ronald Ryan", National Nine News, 29 October 2007
• Ewart, Heather, "35th anniversary of Australia's last execution", 7.30 Report, Australian Broadcasting Corporation, 14 March 2002
• Norden, Fr. Peter, "Remembering a hanging", Jesuit Communications Australia, 10 September 2007
• Opas, Dr. Philip, "Correspondence - The Innocence of Ronald Ryan" pp.13-15, complete issue of Victorian Bar News, Spring 2002
• "Ryan, Ronald Joseph (1925 - 1967)", Australian Dictionary of Biography, Volume 16, Melbourne University Press, 2002, p. 157.