Michael Stone, sentenced to life for the murders of Lin and Megan Russell, is facing a retrial after the Court of Appeal in London yesterday quashed his conviction, but rejected submissions that he could not receive a fair trial.
Three judges sitting at the court of appeal accepted Stone's challenge against his conviction earlier this week and after formally quashing the conviction ruled he should face a retrial later this year. Lord Justice Kennedy sitting with Mr Justice Maurice Kay and Mrs Justice Hallett are expected to give the reasons for their decision next week. Stone (40) was remanded in custody. The retrial is not expected to take place before September.
In 1998, Stone was given three life sentences for murdering Mrs Russell (45) and her daughter Megan (6) and for the attempted murder of Megan's sister Josie, who was aged nine when they were attacked as they walked home in Chillenden, Kent, in 1996. All three were tied up and beaten with a hammer.
Stone's solicitor, Mr Derek Hayward, said Stone was "very pleased" that the convictions had been quashed and he was "looking forward to a chance to prove his innocence at the retrial". Kent police said they were "happy" with the decision of the court but it would be inappropriate to comment further since it was the force's aim that Stone should receive a fair trial. Josie Russell's father, Mr Shaun Russell, also said it would be "inappropriate" to comment on the decision.
After the hearing, Stone's sister, Barbara, who has fought to clear his name, said: "We are thrilled to bits that the convictions have been quashed. I do not think I can comment at this stage."
In court, Stone's counsel Mr William Clegg QC argued he could not have a fair trial because of the prejudicial publicity surrounding the case. There had been no significant "fade factor" since the original trial and the case was still in the public mind with many articles still being written and documentaries screened about the Russell family. To order a retrial, he said, "would amount to unfairness to the defendant".