21 May 1963 |
|Occupation||sheet metal worker|
|Criminal penalty||14 years imprisonment|
|Criminal status||conviction quashed|
Graham Stuart Stafford (born 21 May 1963) is a British sheet metal worker from Goodna, near Ipswich, Queensland who was convicted in 1992 of the murder of twelve-year-old Leanne Sarah Holland, born 1 October 1978. Leanne Holland, the younger sister of Stafford's former partner, Melissa Holland, was murdered in September 1991. Her viciously mutilated body was found three days after she was reported missing in nearby Redbank Plains. It is possible she was also sexually interfered with and tortured with a cigarette lighter.
Stafford appealed to the Queensland Court of Appeal, but this appeal was rejected on 25 August 1992. In 1997, the Queensland Court of Appeal re-examined the case after Stafford lodged an application for pardon with the State Governor on the basis of evidence gathered by private detective, Graeme Crowley. The Court of Appeal dismissed the appeal again by a two-to-one majority on the grounds that there was still enough evidence to convict. Two applications for special leave to the High Court of Australia subsequently failed.
Stafford was released in June 2006 after serving over 14 years in prison. Stafford, who was born in England and does not have Australian citizenship despite having migrated to Australia in 1969, faced deportation in November 2006.
Some people, including Professor Paul Wilson of Bond University believe that Stafford is a victim of a miscarriage of justice. The Queensland Attorney-General, Kerry Shine, has agreed to closely consider any request on Stafford's behalf concerning a petition to clear him of the murder conviction. In April 2008, the Queensland Attorney-General referred the case to the Court of Appeal for a very rare second appeal for pardon.
On 24 December 2009 the Court of Appeal overturned Graham Stafford's conviction and ordered a retrial by a 2-1 majority. The dissenting judge wanted an immediate acquittal. On 26 March 2010 the Queensland Director of Public Prosecutions, Tony Moynihan SC announced there would be no new trial of Graham Stafford for the murder of Leanne Holland.
Evidence leading to conviction
The judgment in the 1992 appeal set out the following evidence relied on by the crown which led to the conviction.
- During the day on which the Crown claims Leanne was murdered, Leanne and Stafford were alone in the home they both lived in with Leanne's father and sister.
- Blood of a rare type was found on several items in the boot of Stafford's car. The blood type was shown to be of the same type as Leanne's.
- A strand of hair was also found in the car boot which was of similar length, colour and texture as Leanne's.
- A maggot of the same type and age to those found on Leanne's body was also found in the boot. This was later found to be incorrect, the maggot was actually of a different age.
- Blood consistent with Leanne's was found in several places around the house.
- Car tracks of the same type as Stafford's car were found on the track leading to Leanne's body.
- Stafford lied during police interviews.
- A fold-up chair usually kept in the boot of Stafford's car was found inside the house.
New evidence presented at appeal
The following evidence was available and called to the court's attention in the 1997 appeal.
- Evidence demonstrating that Graham Stafford could not have committed the murder at the time when the Crown contended he had had the opportunity to do so was available to police at the time. This included transcripts of interviews with four separate witnesses and a shopping docket and car wash receipt showing incompatible times.
- Experts disputed that the blood evidence was consistent with the Crown's case due to the lack of a substantial amount of blood and the lack of a foul smell from the boot.
- The hair found on a sponge in Stafford's car boot was not found by the officer taking evidence. It was found during a laboratory examination after the sponge had been on the floor.
- The time of death based on the maggot's development was changed to Tuesday morning from the original Wednesday evening estimate due to an incorrect ambient temperature reading. Stafford was at work on the Tuesday.
- The trial judge referred to "large quantities of blood" around the house. This is inconsistent with the very small amount of blood found in the bathroom, which was consistent with ordinary household use.
- Several relevant pieces of information relating to the tyre tracks and the missing hammer were either not presented or were misrepresented during the trial. The type of tyre tracks found at the murder scene was also quite common.
A Brisbane Sunday Mail examination of the police investigation revealed that an Ipswich computer store worker provided information to the police about a man who had entered the store on the same day as Leanne's body was dumped in nearby bushland. The worker claimed that the man had been behaving in a peculiar manner and had blood stains on his hands and trousers when he entered the store. Furthermore, reports of Leanne having been seen alive on the day after the police allege she was murdered were ignored. A report of a vehicle other than Stafford's being sighted near the body was also ignored.
Forensic scientist, Angela van Daal, gave evidence at trial that helped convict Stafford of the murder. She has since stated that the blood identified as Leanne's could have come from another family member. Although the frequency of the blood type matching anyone in the general population was only about one percent, the frequency among relatives is as high as 25 percent. Around the time of the murder, Leanne's brother Craig had slashed his hand in a pub fight and had bled freely in the family home, also Leanne had recently cut her foot and had walked through the house.
It has also been revealed that another twelve-year-old girl was murdered less than one kilometre away from where Leanne Holland lived within thirteen days of Leanne's murder. The man who was charged with the second murder had been known to Leanne. Furthermore, daughters of a police informant in the Leanne Holland case have come forward claiming their father sexually abused them at the murder site, burnt them with cigarette lighters and showed them crime scene photographs of Leanne's body.
Channel 7 aired the program "Murder Uncovered" on Leanne's murder. Stafford was interviewed extensively by Michael Usher, who put to him the findings of the police reinvestigation into Leanne's death. Author and Stafford supporter Graham Crowley who wrote a book on Stafford's innocence and was one of his greatest defenders, was also given the results of the police reinvestigation into the case. After reading the report Crowley now believes the evidence overwhelmingly points to Stafford's guilt. This evidence includes chemical testing on Leanne's hair which showed she had dyed her hair partially blonde before being attacked, new DNA blood evidence in the bathroom including on the shower curtain, which shows Leanne's blood was spattered on the shower curtain and walls, blood evidence in the boot of Stafford's car, and an imprint on Leanne's thighs and buttocks which matched that of a car mat that was unique to Stafford's model of car. Stafford was asked to take a polygraph by Channel 7 for the programme but refused. He later took a self funded polygraph. The results were that he was being deceptive.
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- Convicted murderer allowed 2nd appeal - ABC Online
- Transcript of the Queensland Court of Appeal judgment in R v Stafford
- The Law Around a Miscarriage of Justice in Queensland - Dylan Wiltermuth
- Leanne Holland murder clues ignored - The Courier-Mail
- Stafford faces deportation - The Courier-Mail
- Brisbane's The Sunday Mail on 21 May 2006
- Who Killed Leanne Holland? Greg Cary talks to Paul Wilson & Graeme Crowley - Brisbane radio station 4BC interview
- Review of Leanne killing - The Courier-Mail
- Rough Justice Good Weekend