Appeal court confirms Tregaskis life sentence

Wednesday 21 December 2022

A notorious killer who stabbed a woman to death, and attempted to murder her elderly aunt, has had his 20-year life sentence upheld by Jersey's Court of Appeal.

In October, the Court rejected the bid by Rickie Tregaskis to appeal his guilty verdict.

But it did grant leave to appeal the sentence. 

Now the Court has published its reasoning for rejecting the appeal on the verdict, as well as deciding to reject the appeal against the jail sentence, which is a minimum of 20 years. 

The 53-year-old was found guilty of murdering Barbara Griffin in a frenzied knife attack in her home in 1990 and attempting to murder her elderly aunt Emma Anton.

It was the second time he had faced trial for the attacks, after being cleared of both offences following a Royal Court trial in 1991.

During a Court of Appeal hearing in October, Advocate Rebecca Morley-Kirk, representing Tregaskis, sought leave to appeal against the conviction, arguing that it was "unreasonable" given the evidence.

She also contended that the trial judge, Commissioner Sir John Saunders, was wrong to refuse details about a key prosecution witness, who Tregaskis has long maintained was the real killer, from being aired in court.

Pictured: Tregaskis was convicted of killing Barbara Griffin and attempting to murder her elderly aunt Emma Anton (left). 

Additionally, the advocate claimed that the commissioner’s summing up was "unfair, unbalanced and included a personal attack on her."

According to the newly released judgment, the "personal attack" came when Sir John, during his summing up, told the jury: "If you get to... 4.30pm and you think 'I’ve had enough, I’ve been listening to two people droning on all day and it’s really been very tiring, so I would prefer to go home and come back fresh tomorrow morning' just send me a note."

Advocate Morley-Kirk claimed that because only she and the judge had spoken on that day, the commissioner’s remarks "would have been liable to make the jury regard her speech on behalf of the defence as having little or no weight."

But in the judgment, the Court of Appeal said the commissioner’s remarks were merely "light-hearted" and "would not have suggested to the jury that they should give less weight to either his summing up or the defence speech."

They also concluded that..."In the circumstances it is not arguable that any imbalance in the summing up adversely affected the jury or caused any unfairness to the Appellant. The summing up was accurate and balanced and the Appellant’s criticism of it is not sustainable. For these reasons we refuse the Appellant leave to appeal against his convictions."

The appeal court judges – Clare Montgomery, Sir William Bailhache and the Bailiff of Guernsey, Richard McMahon – therefore rejected the application for leave to appeal and upheld the guilty verdict.

Turning to the appeal against the sentence, they concluded that it was not manifestly excessive, and rejected the argument that it meant Tregaskis may die in prison: 

"Finally, Advocate Morley Kirk urged us to the view that the minimum term recommendation was too high because the consequence, given the Appellant’s poor state of health, is that he is likely to die in prison.  We do not think that is a factor which we should consider.  

"If the proper consequences of his actions are that the Appellant will die in prison, that derives from his own conduct.  He has murdered two people and attempted to murder a third.  If his state of health should deteriorate markedly, then that is a factor the authorities are able to take into account as a matter of discretion when that state of affairs comes about, if it does."

Tregaskis, who now has numerous health issues, including multiple sclerosis, and uses a wheelchair, was already serving a life sentence when he was sentenced having beaten a man to death in Cornwall in 1997.

The Court upheld the life sentence, concluding: "In our judgment, upon examination there is nothing of substance in the appeal against sentence. The appeal is dismissed."

Top Picture Credit: James Jeune.