by Peter Murphy
‘Detective Sergeant, in the early morning of 1 July 1969, were you on duty as a member of a team of officers assigned to duties in Caernarfon in connection with the security of the Investiture of the Prince of Wales?’
‘I was, sir. I am usually based in London, but I had been assigned to Caernarfon about three weeks before the Investiture.’
‘What were your particular duties on that day?’
‘I was part of a small mobile unit with my colleagues DC Owen and DC Swanson. We had no definite assignment, but we had to be available for immediate deployment to anywhere we might be needed at very short notice. We were under the command of DCI Grainger, who, I was given to understand, was working with a senior officer of the Domestic Security Service, MI5.’
‘Were the members of your unit in uniform or plain clothes?’
‘Plain clothes, sir.’
‘And is there any other detail it might be relevant for the jury to hear?’
‘All the members of my unit are trained in the use of firearms, sir, and we carried side arms whenever we left the police station.’
‘At what time did you begin duty on that morning?’
‘In fact, sir, we had been on duty since about 11 o’clock the previous evening. We replaced colleagues who had been on duty until then, liaising with the Earl Marshal’s team, and who had been extremely busy.’
‘Yes, I see. And at about 12.30, did the unit receive any information? Just answer yes or no, please, Sergeant.’
‘Yes, sir, we received some information from DCI Grainger.’
‘As a result of that information, did you do anything?’
‘Yes, sir. We immediately checked our side arms out of storage, and made our way in an unmarked police car to the junction of New Street and Chapel Street, not far from the Maes, the name given to the town square, and also not far from the Castle.’
‘Yes. Sergeant, you should have before you a copy of a plan of the town centre. My Lord, that is Exhibit 1.’
‘Yes,’ the judge replied.
‘And on Exhibit 1, would you please point to the junction of New Street and Chapel Street, and hold the plan up so that My Lord and the jury can see it.’
‘Yes, sir, it’s just here.’ The sergeant made a broad sweep of the court, the forefinger of his left hand resting firmly on the spot.
‘Thank you. What did you do on arriving at that junction?’
‘We parked the car a short distance away from the junction, and remained in the vehicle, from where we had a good view of the street. Shortly after our arrival, I saw DCI Grainger arrive in an unmarked car, and park nearby. I saw that he was in company with two officers of the Domestic Security Service.’
‘At about 1.15, was your attention drawn to anything in particular?’
Sergeant Parker looked down at his notebook for the first time.
‘Yes, sir. At about 1.15 I noticed a vehicle approaching the junction in a southerly direction on New Street. As the vehicle approached the junction, it seemed to slow down, and it stopped at the junction, about fifty yards from our position. I was able to see that the vehicle was a grey Austin 1100 car, registration number EVF 421D.’
‘Were you able to see who was in the vehicle?’
‘Yes. I was able to see that the driver was a female, who I now know to be Arianwen Hughes. In the front passenger seat was a male I now know to be Dafydd Prosser.’
‘Did the driver get out of the car?’
‘Not immediately, sir. She remained parked, with the engine running for, I would estimate, about three minutes.’
‘Then what happened?’
‘Dafydd Prosser got out of the car and walked along New Street to the junction with Chapel Street, crossed the road, and continued down New Street in the direction of Segontium Terrace. I lost sight of him. Mrs Hughes remained in the car with the engine running.’
‘Did you see Dafydd Prosser again?’
‘I did, sir. After two minutes or less I saw Prosser approaching, walking along New Street, coming back the same way he had gone. He was in company with another male, who I now know to be Caradog Prys-Jones. Mr Prys-Jones and Mr Prosser seemed to be having an animated conversation, though I was unable to hear what they were saying. Mr Prys-Jones was carrying a brightly-coloured duffle bag. They crossed Chapel Street and walked towards the rear of the car. At this point, Mrs Hughes got out of the car, closed the driver’s door, and also walked around the car to the rear.’
‘Was any of the three of them doing anything you could see?’
‘Yes, sir. Mr Prosser appeared to bend down as if examining or looking for something in the boot. Mrs Hughes and Mr Prys-Jones were standing next to him.’
‘Did you do anything at that stage?’
‘Yes, sir. We were in radio contact with DCI Grainger’s car and, at this stage, I heard the DCI shout “Go! Go!” several times, very loudly. Together with DC Owen and DC Swanson, I left our vehicle. I drew my weapon and ran towards the boot of the Austin, shouting as loudly as I could, “Armed police! Put your hands in the air! Now!” I repeated this several times as I ran towards the car, and I heard DC Owen and DC Swanson shouting similarly. They also had their weapons drawn.’
‘Tell the jury, please, why you had drawn your weapon.’
‘I couldn’t see the suspects’ hands. From the direction we were approaching, my view was blocked by the lid of the boot, so I couldn’t see whether one of the suspects might have been reaching into the boot to retrieve a weapon. The situation was unclear, and could have been dangerous to myself, other officers, or members of the public.’
‘Yes, I see. What happened when you reached the rear of the car?’
‘All three suspects appeared to be taken completely by surprise, sir. None offered any resistance. DC Owen and DC Swanson got there a moment or two before I did, and I saw them holding Mr Prosser against the boot of the car so that they could handcuff him. They then dealt similarly with Mr Prys-Jones. I went over to Mrs Hughes and put her up against the rear passenger side of the car, and handcuffed her by her wrist to the door handle. She said something about her son. I looked into the rear of the car, and saw a male child who appeared to be four or five years old strapped to a car seat in the rear driver’s side seat.’
‘What did you do about the child?’
Sergeant Parker shook his head. ‘Well, sir, I did a whole series of things in a hurry at that point, because just as Mrs Hughes pointed out the child, I heard DC Owen shouting loudly from the rear of the car.’
‘What was he saying?’
‘He was saying that there was a bomb in the car, that we had to evacuate the area now, and call in Bomb Disposal. By that time, DCI Grainger had arrived on the scene and had seen the bomb for himself, and he was already on the radio.’
‘Go on.’
‘I instructed DC Swanson to arrest Mr Prys-Jones and take him to the police station. I instructed DC Owen to keep Mr Prosser in cuffs, and to remove him to a place of safety away from the vehicle. I immediately took the cuffs off Mrs Hughes and instructed her to follow DC Owen in company with a uniformed officer. She declined to move until she knew her son was safe. I judged that she was not a flight risk, and rather than wasting time arguing with her, I left her where she was. I then opened the rear driver’s side door and removed the child from the car seat. I handed the child to Mrs Hughes. We then took her and the child to the police station.’
‘Do you now know that the child was Mrs Hughes’ son, Harri?’
‘Yes, sir.’
‘Sergeant, why was Mr Prosser not taken immediately to the police station?’
‘Based on information we had received, sir, I had reason to believe that Mr Prosser would have information useful to Bomb Disposal in making the device safe. We needed to have him at the scene so that we could ask him to assist.’
‘And is
it within your knowledge that he did in fact assist in that way?’
‘I wasn’t present, sir, but I believe he did.’
‘Did you actually see the bomb yourself?’
‘No, sir, there was no time. We had to get Mr Prys-Jones, Mrs Hughes and the child into the police cars and take them to Caernarfon Police Station. I was in one car with Mrs Hughes and her son. DC Swanson accompanied Mr Prys-Jones in another car. On the way, I informed Mrs Hughes that she was under arrest on suspicion of the unauthorised possession of explosives, and cautioned her. She made no reply to the caution.’
Roberts paused again. Broderick was whispering to him from the row behind.
‘Yes. I am much obliged. Sergeant, as this is the first time the jury has heard a reference to the caution, please tell the jury the words of the caution.’
‘Yes, sir. The words of the caution are: “You are not obliged to say anything unless you wish to do so, but what you say may be put into writing and given in evidence.”’
‘Sergeant, after delivering the suspects to the police station, what did you do?’
‘We immediately returned to the scene to assist uniformed officers in evacuating a considerable area around where Mrs Hughes’ vehicle was parked. This included the Castle Hotel in the square, which had many guests, so it was a major undertaking. In fact, within a fairly short space of time, we received word from Bomb Disposal that the device was safe, and officers informed members of the public that they were now free to return to the buildings from which they had been evacuated. As soon as I received word that it was safe, I joined DC Owen, who had arrested Mr Prosser and was still detaining him, and we conveyed Mr Prosser to the police station. By now, it was after 2.30 in the morning, sir.’
‘Thank you, Detective Sergeant. With the usher’s assistance… please look at the object the usher is going to hand you. Can you tell my Lord and the jury what that is?’
‘Yes, sir. This is the duffle bag Caradog Prys-Jones had with him at the time of his arrest.’
‘Exhibit 4, my Lord, please.’
‘Yes.’
Evan turned round and whispered with Jamie Broderick for some time. Mr Justice Overton coughed loudly enough to get his attention.
‘Yes, thank you, Sergeant,’ he said. ‘Wait there, please.’
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‘Sergeant,’ Gareth Morgan-Davies began, ‘Mr Prosser was fully cooperative with the police, was he not?’
‘At all times when I saw him, sir, he was.’
‘He made no attempt to escape, did he?’
‘No, sir.’
‘He was carrying no weapon when he was arrested, was he?’
‘That is correct, sir.’
‘And when DC Swanson and DC Owen discovered the bomb, did he not immediately shout out that the bomb was safe and was not armed?’
‘I did not hear that myself, sir. I was busy with Mrs Hughes. But I can say that DC Owen later confirmed that Mr Prosser had told him that the bomb was not armed. When exactly he said that, I do not know.’
‘Thank you, Sergeant. Of course, I understand that in any case, you could not take his word for it…’
‘No, sir, we could not…’
‘No, of course. But he said everything he could, before Bomb Disposal arrived, to indicate that he would cooperate with them?’
‘I would accept that, sir, yes.’
‘And he did in fact assist them when they arrived, didn’t he?’
‘I believe so, sir, yes.’
‘Yes, thank you, Sergeant.’
‘Sergeant, as you have told us, you were the officer who dealt with Arianwen Hughes at the scene.’ Ben said.
‘I was, sir.’
‘When DC Owen and DCI Grainger started shouting that there was a bomb, what was her reaction?’
DS Parker looked down at his notebook.
‘I have not recorded this in my notes, sir, but I do recall that she looked extremely shocked.’
‘What did you notice about her that led you to think that she was extremely shocked?’
‘Her whole body was shaking, sir. I saw her turn to look at Mr Prys-Jones and Mr Prosser, and she seemed to have difficulty speaking at first. It was only when I had her handcuffed to the car and was preparing to arrest her that she spoke.’
‘And that was when she refused to leave the scene without her son, Harri?’
‘Yes, sir.’
‘Mrs Hughes was not carrying a weapon of any kind, was she?’
‘No, sir, she was not.’
‘How did she behave while you were taking her to the police station?’
‘She was quiet most of the time, but she did ask me questions once or twice about what would happen to Harri, and of course I had to explain that he would be taken into the care of the local authority until matters were sorted out.’
‘And how did she react when you told her that?’
‘She was bitterly distressed, sir,’ the Sergeant replied, ‘bitterly distressed.’
‘Well,’ Evan Roberts said, jumping to his feet before Jamie Broderick could reach out a restraining hand, ‘you say that she was extremely shocked at the discovery of the bomb. But isn’t it just as likely that what you saw as shock was simply distress, because she knew she had been caught?’
Ben was half way up to object when he saw the look that DS Parker gave Evan Roberts, and on seeing it he sat down quietly. Jamie Broderick glanced in Ben’s direction and shook his head.
‘I have given my evidence, sir,’ the Sergeant replied, ‘and I have nothing to add.’
DC Swanson and DC Owen were called next to describe the arrest of the suspects, and their evidence followed the same path as that of DS Parker. Neither Gareth nor Ben had anything to add to what they had already established through their cross-examination of DS Parker, and they let the witnesses pass. As if fatigued by the exertions of the day, Evan Roberts handed over abruptly to Jamie Broderick to deal with the few remaining items of business for the afternoon. It came as a relief to all present. Jamie was not only a great deal more confident in the courtroom, but was also far more pleasant in his manner. He was by no means tall, but he had handsome dark features and his open face always seemed ready to break into a smile. Once he was underway, some of the tension in court disappeared, and everyone, including the judge, relaxed for the first time that day.
‘My Lord,’ he began, ‘the next three witnesses will deal with events at the Castle. They are all coming from Wales, and we had not expected to reach them today. So I am not in a position to call them now, but they will be available first thing tomorrow morning. May I invite your Lordship to release the jury for the day now?’
Mr Justice Overton agreed readily, and the jury left for the day. When they had gone, Gareth stood.
‘My Lord, once those three witnesses have given evidence, matters of law arise, and I will have to ask your Lordship to hear evidence in the absence of the jury. I’m afraid it is likely to take some time; indeed, I think we may not get any further with the jury tomorrow.’
The judge raised his eyebrows.
‘I take it this is to do with the written statement under caution made by Mr Prosser to the police?’
‘Yes, my Lord. There is one other short matter also, but I will come to that in a moment. Mr Prosser made a number of oral statements to the police while being interviewed, and made a written statement under caution, which the jury, if they see it, might well think to be highly incriminating. I am sure your Lordship has read it?’
‘I have, Mr Morgan-Davies, and I agree with you – the jury may well find it extremely incriminating. I take it you are going to ask me to keep it out?’
‘Yes, my Lord. We say that it was obtained by the use of force, and I will be inviting your Lordship to keep it from the jury. The proper time for that to be done is tomorrow morning, before DCI Gr
ainger gives evidence in front of the jury, and I have invited my learned friend to call him, and another officer, to give evidence then. I have also asked him to make available the custody sergeant on duty at the relevant time, and the medical officer who examined Mr Prosser while he was in custody.’
‘All those witnesses will be available,’ Jamie said.
Mr Justice Overton nodded.
‘Very well. You said there was one other matter, Mr Morgan-Davies.’
‘There is. My Lord, as Queen’s Counsel I feel some responsibility to raise matters which might be raised by counsel on Mr Prys-Jones’s behalf, if he were represented. I won’t try to deal with every such matter, of course. Mr Prys-Jones is unrepresented by his own choice, and he must live with the consequences of that choice. But if there is a matter which might affect the interests of justice or the fairness of the trial, would your Lordship hear me?’
‘That is in the best tradition of the Bar, Mr Morgan-Davies, and I would be very pleased to hear you if it is an important matter.’
‘My Lord, I am much obliged. There is one matter which arises now. The prosecution is going to give the jury a translation of the statement under caution made by Mr Prys-Jones. The original, of course, is in Welsh. I invite the prosecution to look at it again, to make sure that the English translation is accurate. I am in some difficulty, because I am a native Welsh-speaker and there are some passages which strike me as questionable. But as counsel I can’t give evidence, and that is all I can say about it. I wonder whether PC Watkins might be asked to look at the original and the translation this evening, to see whether he would suggest any changes?’
‘Mr Broderick?’ the judge asked.
‘My Lord, I see no possible objection to that,’ Jamie replied, without even glancing in the direction of Evan Roberts. ‘My learned friend is quite right to raise it. It is important that, if there are any errors, they are corrected before it is placed before the jury. I will ask PC Watkins to look at it tonight.’
‘I am much obliged,’ Gareth replied.
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