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Caalaroga Shark Media. Good morning. It's Thursday, July second, and
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this is Daily Crime and Justice. I'm Garrett Fisher, and
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this is day four of Crown Versus Colony, our Independence
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Day week, putting the United Kingdom's worst on the stand.
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All week we've looked at killers, a phantom in the
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Whitechapel fog, a husband and wife who turned a house
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into a graveyard, a lonely man who murdered for company.
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Today I'm gonna do something different because the worst crime
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in this episode wasn't committed by the man in the dock.
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Today the killer is the state itself. Today we talk
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about a nineteen year old who pulled no trigger, who
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was under arrest when the fatal shot was fired, and
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whom the British justice system marched up to a gallows
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anyway and hanged. His name was Derek Bentley. And this,
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to me is the darkest story of the week, precisely
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because it wore a robe and called itself the law.
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The night of November the second, nineteen fifty two, Croydon,
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South London, a nineteen year old named Derrek Bentley and
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his sixteen year old friend, Christopher Craig climbed over a
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gate and shimmeied up a drain pipe onto the roof
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of a confectionery warehouse, planning to break in and rob it.
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A family across the street saw them and called the police.
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Let me be clear from the start, this was a burglary.
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Bentley was there to commit a crime, and he had
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a knife and a knuckle duster in his pockets. I'm
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not going to pretend he was an angel out for
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a stroll. But what happened next is the thing. The
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rest of his short life hinged on. A detective sergeant
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named Frederick Fairfax got up onto that roof and grabbed
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Derek Bentley by the arm. Bentley was caught held effectively
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under arrest, and it was at that moment the police
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would later say that Bentley shouted five words across the
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rooftop to his friend, let him have it. Chris Craig
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had a revolver. Craig fired, wounding Fairfax in the shoulder,
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and when more officers came up, the first one onto
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that roof, Police Constable Sydney Miles, forty two years old,
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was shot through the head and killed instantly. Christopher Craig
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fired that shot Christopher Craig killed PC Miles. But Christopher
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Craig was sixteen and, under British law, too young to hang,
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So the rope went around the neck of the boy
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who was already in handcuffs when the trigger was pulled.
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That is the case. Let me show you how it happened.
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Before we go any further, you need to understand who
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Derek Bentley actually was, because the system that killed him
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knew exactly who he was and did it anyway. Bentley
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was nineteen years old, but that number is misleading. He
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had an IQ measured at seventy seven. He was in
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the clinical language of the time, Borderlin f feeble minded.
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He was illiterate, so illiterate that a prison medical officer
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said he couldn't even recognize or write down all the
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letters of the alphabet. His reading age was assessed at
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around four and a half years four and a half.
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He was an epileptic, with brain scans that came back abnormal.
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He'd been deemed unfit even for National service, the compulsory
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military service nearly every young British Man did back then.
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So picture it a grown teenager with the literacy of
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a toddler and a documented seizure disorder, a young man
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who'd been bounced through clinics and institutions his whole life,
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who everybody with a file in front of them could see,
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was vulnerable. Nobody was really paying attention to Derek Bentley
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in any way that ever helped him. And the first
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time the full weight of the British establishment finally did
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turn its attention on him, it was to put him
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to death. That's the bitter joke at the center of this.
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The system noticed him exactly once, and it was to
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kill him. Five words. Everything turned on that one sentence,
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Let him have it, Chris. The prosecution told the jury
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it was an order, an incitement. Bentley, they argued, was
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telling Craig to shoot, and so under the law Bentley
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was as guilty of the murder as the boy who fired.
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The defense argued the exact opposite, that if he said
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it at all, let him have it, meant hand the
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gun over, give it up, surrender to the officer. Two
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readings of five words and a young man's life balance
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between them. And here's what makes it so much worse.
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It is far from certain that Derek Bentley ever said
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those words at all. The only evidence he did came
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from police officers. Craig denied it, Bentley denied it, and
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in the decades since, serious investigators have concluded it was
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very likely never said that. It was a line that
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got written into the story afterward because somebody needed Bentley
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to have said something that made him a murderer. Think
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about that. A man may have been hanged over a
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sentence he never Both Bentley and Craig were charged with
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murder under an old doctrine of English law. Because a
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death happened during their crime, the law treated them as
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jointly responsible for it, whether or not they personally fired
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the shot. It's the same family of law, joint enterprise
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that British courts have been wrestling with and narrowing right
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up into our own century because of exactly the kind
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of injustice this case represents. Craig, the one who actually
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shot and killed PC Miles, was sixteen, so the most
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he could face was detention. Bentley, who shot nobody, was nineteen,
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old enough for the rope sit with the math of
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that the killer lived because he was younger. The one
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who killed no one died because he was older. That
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is not justice, That is bookkeeping with a human life. Now.
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I want to stop here and do something this case
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rarely does because in all the righteous anger about Derek Bentley,
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one man tends to get forgotten, and he is the
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actual murder victim. His name was Sidney Miles. He was
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forty two years old. He was a police officer, a husband,
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a father, and on the night of November the two,
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nineteen fifty two, he climbed up onto a dark rooftop
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to do his job and protect people he'd never met,
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and Christopher Craig shot him dead for it. He was
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later honored for his bravery. PC. Sidney Miles deserved to
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go home that night. He deserved justice. His family's grief
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was real, and so was the public's outrage that a
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policeman had been gunned down. And I want to be
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honest with you, because this is where the case gets
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genuinely hard. The fury that the establishment felt was understandable.
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A copper was dead. But here's the line I'll draw,
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and I'll draw it hard. Understandable rage is not the
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same thing as justice. The right pace answer to the
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murder of Sidney Miles was to convict the man who
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shot him, which they did. The wrong answer. The obscene
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answer was to also take a nineteen year old with
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the mind of a child who fired nothing and hang
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him to make the books balance. You do not honor
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a dead police officer by killing an innocent man next
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to his name. Two wrongs there. PC Miles deserve better,
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so did Derek Bentley. A justice system worth the word
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should have been able to hold both of those truths
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at once. This one couldn't or wouldn't. The trial was
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over in three days at the Old Bailey in December
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nineteen fifty two. It was presided over by the Lord
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Chief Justice himself, Rayner Goddard, a man history remembers as
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the Hanging Judge, and by every serious modern assessment, Goddard
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did not give Derek Bentley a fair trial. He had
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little patience for the psychiatrists and the evidence of Bentley's
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mental state. He told the jury, in effect, that Bentley
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was guilty of mentally aiding the murder. He steered them
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hard toward conviction. The jury was out for about seventy
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five minutes. They came back guilty, both of them. But
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here's the thing that should stop you cold. That same jury,
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the one that convicted him, attached a recommendation for mercy
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for Derek Bentley. Twelve ordinary people looked at this and said,
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convict him if the law demands it, but for God's sake,
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do not hang him. The judge forwarded that mercy recommendation
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up the chain, and alongside it noted that he himself
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could find no mitigating circumstances, no mitigation for an illiterate,
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epileptic nineteen year old with the reading age of a
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small child, who shot no one. The appeal was heard
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in January and thrown out, and then it came down
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to one man. The Home Secretary, David maxwell Fife, had
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the power to commute the sentence, to change the rope
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to a prison term with a stroke of his pen.
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Around two hundred members of Parliament wanted the matter debated,
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There were petitions, there was an enormous public outcry, and
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maxwell Fiffe said no, he let it proceed. That wasn't
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a mistake, that wasn't an oversight. That was a choice.
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A man with the power to stop a hanging chose
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not to stop it. When we come back the morning
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they hanged Derek Bentley, the letter he dictated to his
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mom and dad because he couldn't write it himself, and
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the forty five year fight by one family to force
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the British state to finally say the words stay with me.
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Welcome back to Daily Crime and Justice. At nine o'clock
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in the morning on the twenty eighth of January nineteen
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fifty three, Derek Bentley was hanged at Wandsworth Prison in
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London by the executioner, Albert Pierre Point. He was nineteen
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years old. Outside the prison gates, a crowd had gathered
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in protest. People tore down the official notice of execution
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and burned it. There was a sense even then, even
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in that moment, that something deeply wrong was being done
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in the name of the law. Before he died, Derek
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Bentley dictated a last letter to his parents because of
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course he couldn't write it himself, and in it, this
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young man that the courts had treated as a cold
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and calculating murderer just sounded like a frightened boy who
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wanted to comfort his mom and dad. That's who they hanged,
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not the monster. The prosecution painted, a scared, limited, vulnerable
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young man who never understood the machinery that was grinding
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him up. But here's where this story refuses. To end.
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And here's why it matters. The Bentley family would not
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let it go. His parents fought to clear his name
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until they died. Then his sister Iris Bentley picked it
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up and carried it for decades, gave her life to it,
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and died of cancer in ninety ninety seven, just before
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the finish line. Then her daughter carried it the rest
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of the way, and the state slowly, grudgingly was forced
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to answer. In nineteen ninety three, forty years after the hanging,
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Derek Bentley was granted a royal pardon. But a pardon
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wasn't enough, because a pardon forgives, and the family didn't
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want forgiveness. They wanted the truth that the conviction was wrong.
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And finally, in nineteen ninety eight, the Court of Appeal
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quashed Derek Bentley's murder conviction outright, and the judgment was extraordinary.
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The then Lord Chief Justice, Lord Bingham turned around and
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condemned his own predecessor. He ruled that Goddard, the original
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trial judge, had denied Bentley the fair trial, that is,
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in his words, the birthright of every British citizen. He
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found the summing up had been prejudiced that the jury
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had been pushed to convict. Forty five years after they
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hanged him, the highest court in the land said, in
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plain language, we got this wrong, and an innocent man
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died for it. Even Christopher Craig, the boy who actually
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fired the gun, who'd served his ten years and lived
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a quiet life after, finally broke his silence to say
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he was relieved his friend's name was cleared, and sorry,
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truly sorry for the pain of that night. So that's
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day four. Derek Bentley was nineteen years old, he had
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the reading age of a child. He killed no one,
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and he was in handcuffs when the man died. The
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state hanged him anyway over five words he probably never
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said against the mercy of his own jury, and then
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took nearly half a century to admit it. Accountability doesn't
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have a legal department, and sometimes it doesn't even have
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a deadline. Sometimes it just takes a family forty five
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years of refusing to be quiet. Say both their names tonight,
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Police Constable Sidney Miles, who should have gone home to
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his family, and Derek Bentley, who should never have died
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at all. A few honest notes for the record. Derek
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Bentley and Christopher Craig were both committing a burglary, and
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Bentley was carrying weapons. The injustice we describe is his murder,
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conviction and execution, not the existence of a crime. Bentley
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did not fire the fatal shot and was restrained by
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police at the time PC Sidney Miles was killed. Craig
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fired the gun. The phrase let him have it, Chris
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was central to the prosecution, but its meaning was disputed
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at trial, and there is serious, long standing doubt as
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to whether Bentley said it at all. It was reported
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chiefly by police witnesses and denied by both defendants. Bentley
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was convicted under the joint enterprise law of the time.
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That conviction was formally quashed by the Court of Appeal
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in nineteen ninety eight after a royal pardon in nineteen
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ninety three. Some remarks attributed to the trial judge are
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reported and contested. Dates and figures here reflect the his
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historical record as established by those later proceedings. That's Crown
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Versus Colony day four and tomorrow we finish on the
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third of July, the eve of American Independence Day, with
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the most fitting case we could possibly end on. Not
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a murderer this time, but a rebel, the most famous
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man in British history to ever try to destroy the
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British Government, caught in a cellar under Parliament with thirty
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six barrels of gunpowder and a slow match. Guy Fawkes
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the Original Act of Independence Tomorrow on Daily Crime and Justice.
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If this one moved you, and I hope it did,
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do me a favor and share it. Tell somebody we're
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doing the UK's worst all week and send them this
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episode in particular, because everybody should know Derek Bentley's name.
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Word of mouth is how this show grows, and it
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costs you nothing. And if you're listening on Spotify, drop