Dallison v Caffery

THE MASTER OF THE BOLLS; On Thursday, 9th April, 1959, a sum of £173 was stolen from a solicitor's office in Dunstable. A man named Dallison was arrested and charged with the offence. On Monday, 11th May, 1959, at Quarter Sessions, Counsel for the Prosecution offered no evidence against Dallison. It was a case, he said, of mistaken identity. Accordingly Dallison was found not guilty and was discharged. The police officer in charge of the case was Det. Con. Caffery. Dallison now sues Det. Con. Caffery for false imprisonment and malicious prosecution. The Judge dismissed the claim. On the issue of false imprisonment the Judge ruled that Det. Con. Caffery had reasonable cause to suspect that Dallison had committed the crimes and was therefore justified in arresting him. On the issue of malicious prosecution, the Judge ruled that there was not a want of reasonable and probable cause for the prosecution: and the action therefore failed. Dallison now appeals to this Court.

Many points have been raised in the appeal. So many that I must state the facts in some detail. There is a solicitor in Dunstable called Mr Blow. He employed a young lady, Miss Janet Phillips, as a shorthand typist. She was only 17. On Thursday morning, 9th April, 1959, Mr Blow was engaged in the Magistrates' Court. He was defending a man called William Long. Whilst he was out, Miss Phillips went to the bank to collect some money. She collected it in notes, returned, went into Mr Blow's office, and put £173 in the safe. She shut the door of the safe, but did not lock it. She left the keys in the lock. This was about quarter past 12. She was just leaving the office when she saw a man on the landing about three yards away, with his back towards her. She said to him: "Can I help you?". He turned round and faced her. He said: "No, I have got the wrong office". She saw him at that moment full face, but he then started to go down the stairs leading to the way out. She went upstairs to her own room, signed two formsand was, Just coming downstairs, when she heard a door bang. It was the door of Mr Blow's office. She harried down and heard a footsteps going down the stairs. She looked over the bannisters and saw the figure of a man disappearing. She said he was wearing dark grey trousers. She went into Mr Blob's office; and saw that the safe door was open; and, on looking inside, that the £173 was missing. She immediately informed the rest of the staff. Mr Blow was informed. So were the police. Det. Con. Caffery came, together with Pol. Con. Young. This was about 12.30 p. m. Soon afterwards they were joined "by Det. Insp. Hepworth. Miss Phillips told the police officers what had happened and gave a description of the man. It was this: "50 to 60 years of age, medium height, light grey hair pushed back and receding at the front and sides, medium build, clean shaven, fresh complexion, he was wearing a charcoal grey suit, no hat or overcoat, a collar and a tie but I do not know the colours". She said in her statement: "I could Identify this man again if I saw him". The police officer thought that this description fitted a local man named Robinson. So they tried to find him. Det. Con. Caffery went to Robinson's address to see if he was there. But he had left three weeks ago and was believed to be at sea. Meanwhile Det. Insp. Hepworth took Miss Phillips to the C. I. D. office in Dunstabu…, and showed her ten photographs of known persons whom the description might fit, including Robinson. She did not pick out Robinson, But she picked out Edward George Dallison, She pointed to his photograph and said: "That's the man".

Now Dallison was a man well known to the police. He had a long list of convictions stretching from 1925 to 1953, including several for larceny. His last sentence was three years imprisonment in 1953. The larcenies were chiefly what were described as "in and out" jobs, such as stealing from a shop. When Det. Con, Caffery returned, Det. Insp. Hepworth told him that Miss Phillips had not picked out Robinson, but shehad picked out Dallison. Det. Insp. Hepworth told Det. Con. Caffery to make enquiries to see if Dallison had been in the area that day. He also circulated a description of Dallison as a man whom the police wanted to interview.

Det. Con. Caffery started making enquiries to try and find Dallison, He had his lunch and, as he was going home, he saw William Dong (the man who was in the Magistrates' Court that morning, being defended by Mr Blow) together with his father, James Longc The two men, father and son, were coming out of the Borough Arms public house. Det. Con. Caffery knew that Dallison was the brother-in-law of William Long, and was known as "Higger Dallison". They all had criminal records. Det. Con. Caffery stopped to talk to them. William Long, the son, said facetiously to Det. Con. Caffery: I will have to break in somewhere to raise £60 for my defence". Det, Con. Caffery replied: "Well, you've got rich relatives. Nigger Dallison can fix you up with £60". Whereupon James Long, the father, said: "Nigger Dallison was down here this morning". This was, of course, important information for Det. Con, Caffery. He went back and reported it straight away. Next he tried to find out if anyone else had seen Dallison in Dunstable that day. He did not find anyone who had. In particular, he saw James Long again, and asked him if he knew anybody who could give evidence that Dallison was in to that morning. But by this time James Long had changed his attitude. He said he had not said that Dallison was there but his son had said it. This retraction did not impress Det. Con. Caffery. He took a full statement from Miss Phillips at 4 o'clock that afternoon. In it she said that she had identified one of the photographs as the man she saw. The police circulated the facts and named Dallison as wanted for the crime.

Two days afterwards, on the 11th April, 1959, Dallison was found gaming in a public house in London. He was summoned before the Old Street Magistrate and appeared on the morningof Monday, 13th April, 1959. He was fined a pound or two but was then detained by the Old Street police. This was about 11.15 a. m. They told him that he was wanted for an offence at Dunstable. He strenuously denied it. They telephoned to Dunstable. Det. Con, Caffery and Pol. Con. Young went up to London to fetch him. Before they left Dunstable Det. Con. Caffery got Miss Phillips to go along to the police station and asked her to look at the ten photographs again. She again positively, without the slightest doubt, picked out Dallison. The two officers then drove up to London, and at 3 o'clock in the afternoon saw Dallison at Old Street police station. Det. Con. Caffery cautioned him and told him that he answered the description of a man who had stolen £173 from asolicitor's office in Dunstable, and he was being taken back to Dunstable in connection with it. He said: "God love a duck. I was working at 40, Millfields Road a ll day. You are mistaken. What makes you think I stole any money at Dunstable?". Now 40 Millfields Road is in Clapton in the East End of London, 34 miles from Dunstable.

Before the police officers took Dallison back to Dunstable, they did certain things which have since been criticised and are alleged to constitute false imprisonment. They first took Dallison to his own home at Thistlewaite Road not far. His wife was out, so they did not go in. They then took him to 40 Millfields Road in Clapton where he said he was working on Thursday 9th. They saw the people next door at No. 38 Millfields Road. They were Mr and Mrs Stamp, very respectable and reliable people. Mr Stamp told the police orficers that he had given Dallison tea on the morning of Thursday, 9th April at about half past 10 or between half past 10 and 11, After seeing Mr Stamp, the officers then took Dallison back to his own home again in Thistlewaite Read. His wife was then in. They searched the house with his consent, but found nothing. The officers then took him back to Old Street.

At some time Det. Con, Caffery asked Dallison whether he had anyone to support his alibi. He said he was working at 40 Millfields Road with a man named "Jock". He did net know anything about him. He did not know his surname: nor where he lived. He said he had met him in a public house some weeks earlier. But he could not say what the public house was.

At 5.25 p. m. on the 13th the officers left London by car with Dallison for Dunstable. They got there at 6, 35 p. m. So it took one hour and ten minutes. On the way Dallison told the police officers that the owner of No. 40 Millfields Road had visited him on the afternoon of the 9th at the house where he was working. The officers afterwards verified that that was correct.

Shortly after they got back to Dunstable, an identification parade was held. It was conducted by Chief Insp. John. There were eleven men there of somewhat similar appearance to DalHison. Miss Phillips went up and down the parade and looked at each man closely. She asked each man to say: "No, this is the wrong office". Afterwards she said (according to the police officers): "There is only one man here who I think it is". She pointed to Dallison and went up and touched him. But according to Dallison, she said: "I think that is the man but I am not sure". After the...