Pitchfork loses High Court challenge over information about ‘sex assault’ claim

Double child killer Colin Pitchfork has lost a High Court bid to challenge Parole Board decisions relating to an allegation that he “sexually assaulted another prisoner”, ahead of a hearing to decide whether he should be released for a second time.

Pitchfork was jailed for life in 1988 after raping and strangling 15-year-olds Lynda Mann and Dawn Ashworth in Leicestershire in 1983 and 1986.

After being released in September 2021, the 64-year-old was back behind bars two months later after breaching his licence conditions when he approached a lone woman while litter-picking.

Last year he was due to face a fresh hearing over whether he should be released again but this was postponed after he launched a legal challenge over the extent of material he has been allowed to see related to “fresh allegations” about his behaviour in prison.

In a hearing on Tuesday, Mr Justice Chamberlain said the allegations concern a claim that Pitchfork “sexually assaulted another prisoner by putting his hand on the complainant’s upper thigh through clothing”.

The court in London was told that Pitchfork sought to challenge two decisions barring him from seeing police body-worn footage of an interview with the alleged victim.

But Mr Justice Chamberlain ruled that Pitchfork – who now goes by a new name – did not have an “arguable” case, and also rejected a bid by the killer’s barristers for the hearing to be held in private.

He said: “The decisions now challenged can have no bearing on the fairness of the proceedings overall.”

He continued: “There is simply no arguable basis at this stage for the contention that the claimant’s rights have been infringed.”

The judge said that, while it is “unfortunate” that the next hearing concerning Pitchfork’s potential release will be the third since 2021, the Parole Board’s decisions “cannot at this stage be shown to be unlawful”.

The allegations concerning sexual assault first came to light in July last year, shortly before a scheduled hearing to decide whether Pitchfork should be released on licence a second time.

Judge Peter Rook KC ruled that the body-worn footage from a police officer who interviewed the prisoner who made the claim should not be disclosed, with an appeal against this decision also dismissed.

Pitchfork was instead allowed to see a redacted transcript of the footage and a police report.

But Paul Harris, for Pitchfork, claimed the decisions were “procedurally unfair” and that he would be placed at a “critical disadvantage in relation to a serious matter”.

He said: “We are dealing with an absolutely critical stage in this man’s progress and in this situation, and we are dealing with the possibility that even a few words can make a difference.

“It can be one word or one phrase that actually turns this case around.”

He added: “The argument for withholding the material is weak.”

Mr Harris said Pitchfork “did terrible things very many years ago” but has since made “exceptional progress in prison” and “has had no adverse reports about him in prison for 20 years”.

Iain Steele, for the Parole Board, said the body remains neutral in the legal action, but that Pitchfork’s legal challenge concerns a “single item of evidence” related to claims of “grooming and sexual touching whilst in custody”.

In written submissions, he said Pitchfork’s lawyers could see the footage if they gave assurances they would not disclose the footage to him, which they chose not to give.

He added that Pitchfork will “be entitled to test any evidence” at the hearing concerning whether he should be released, which is due to begin in March.

Pitchfork was 27 when he became the first man to be convicted in the UK using DNA profiling and was handed a minimum jail term of 30 years, later reduced to 28 years.

After his release and recall, the Parole Board found in June 2023 that the decision to recall him to prison was flawed and that his detention was no longer necessary for public safety.

But this ruling was blocked by then-justice secretary Alex Chalk as he called for the decision to release Pitchfork to be reviewed, which kept him behind bars.

Pitchfork was granted another hearing to consider his release, which was scheduled for last July but postponed following the sexual assault allegation.

The police decided against taking further action against Pitchfork over the allegation, because his alleged victim did not support it.

The latest hearing, due to take place in private, was rearranged for October and November last year but was again postponed due to Pitchfork taking legal action in the High Court.

A three-day hearing is now expected to take place later this year, beginning on March 28.