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Ronald Ryan | |
---|---|
Status | Executed by hanging |
Spouse | Dorothy Janet (nee George) |
Children | Janice, Wendy, Rhonda, Robert |
Parent(s) | John Ryan and Cecilia (nee Young) |
Conviction(s) | murder |
Criminal charge | murder |
Penalty | death |
Ronald Joseph Ryan ((1925-02-21)21 February 1925 - (1967-02-03)3 February 1967) was the last person to be legally executed in Australia. Ryan was found guilty of shooting and killing prison officer George Hodson, during a prison escape from Pentridge Prison, Victoria in 1965. The hanging of Ryan sparked some of the biggest public protests ever seen in the history of Australia. His execution created massive public outrage and the subsequent abolition of the death penalty in Australia.
Personal
Slightly built and 5 ft 8 inches (173 cm) tall, Ryan was a stylish—if spivvy'—dresser, who usually wore expensive, well-cut suits, silk tie and a fedora. He was always keen to impress as a man of means and consequence. He was of above-average intelligence and was described by not only the people who knew him, but also prison authorities, as a likable character with dignity and self-respect. He was gambler.
Ryan was a petty-thief, a small-time criminal with no history of violence. Unlike many criminals, Ryan's police record did not begin until he was 31 years of age. Ryan was first sent to prison for robbery. He had overcome the temptation to fall into a criminal life during a difficult upbringing, only to stumble in maturity. Ryan's troubles began when he tried to live up to the social level of his wife's family, who were wealthy business people. In desperation Ryan turned to gambling, switched from manual work to passing bad cheques, received stolen goods, shopbreaking and burglary.It is alleged that Ryan had grandiose fantasies of becoming Australia's leading criminal, but there were redeeming features in his make-up and he showed promise of better. Pentridge Prison psychiatrist Dr Allen Bartholomew said he was a man of intelligence who shows no remorse and virtually no anxiety, the future is basically unmeaningful to him, he enjoys living in the moment. On January 1st , 1966 the Truth published and letter from a man who served time with Ryan in Bendigo, He said Ryan was a moody fellow, a very deep thinker and a man who was hard to fathom.
Early life
Ronald Edmond Thompson was born on 21 February 1925 at the Royal Womens' Hospital in Melbourne's inner suburb of Carlton, to John Ronald Ryan and Cecilia Thompson (nee Young). At the time Ryan's father was not married to his mother. Cecilia already had a son with her first husband George Harry Thompson and was living with John Ryan. Cecilia and George had separated in 1915 when George left to fight in the Great War. The relationship never resumed. Cecilia met John Ryan while working as a nurse in Woods Point where he was suffering lung disease. They formed a relationship in 1924 and later married in 1929, after Thompson's death in 1927 by falling from a tram and getting hit by a car.
Ryan then adopted the name Ronald Edmond Ryan. Ronald's childhood was dominated by his parents' alcoholism, poverty and poor health, particularly his father's chronic phthisis. He was violently abused by his father and neglected by his mother. The Ryan household was constantly moving as there was never enough money for rent, In 1936 Ryan was confirmed in the Catholic Church. He took as his confirmation name Joseph, and then He took as his confirmation name Joseph. He then became Ronald Edmond Joseph Ryan. He did not like Edmond and from then on used "Ronald Joseph Ryan".
Following the theft of a watch from a neighbour's house at Mitcham in November 1936, the plight of the Ryan children was bought to the attention of the state welfare authorities. Ronald was sent to Rupertswood, Sunbury, the Salesian Order's school for orphaned, wayward and neglected boys. Ryan’s three sisters (Irma, Violet & Gloria) were made wards of the state a year later after authorities declared them as "neglected". The three sisters were sent to the Good Shepard Convent in Collingwood. At Rupertswood Ryan did quite well, captaining the football and cricket teams, joining the choir, and impressing other boys as 'a natural leader'. Ryan absconded from Rupertswood in September 1939 and with his half-brother George Thompson, worked in and around Balranald, New South Wales, spare money earn’t from sleeper cutting and kangaroo shooting was sent to his mother looking after their sick alcoholic father John Ryan.
At the age of twenty, Ryan had saved enough money to rent a house in Balranald, New South Wales. Ron then collected his sisters and mother and they all lived in his house. John Ryan stayed in Melbourne and died a year later aged 62 after a long battle with miners' disease phthisis tuberculosis.
Move to Victoria
Aged about 22, Ryan decided to join his brother who was tomato farming near Tatura. Ryan started to visit Melbourne at the weekends. It was on one of these weekend trips that Ryan met his future wife Dorothy George. On 4th February 1950, Ryan married Dorothy Janet George at St Stephen's Anglican Church in Richmond. She was the daughter of the Mayor of the Melbourne suburb of Hawthorn, with whom he had three daughters, Janice, Wendy, Rhonda. A fourth baby was stillborn.
Ryan's Life
After spending a few months working for his father-in-law as a trainee mechanic Ryan decided that more money could be made cutting timber near Marysville and Licola.
When it was too wet to cut timber Ryan got a job painting for the State Electricity Commission. By 1952 the Ryan family was living in Noojee. Trouble with the law started when his rented house burnt down. Ryan was away for the weekend in Melbourne when the arsonist struck. The arsonist was caught and claimed Ryan put him up for it, he claimed that Ryan wanted the house burnt to claim insurance money. His first appearance in court was in Warragul, Victoria in 1953 when Ryan was acquitted on a charge of arson. .
Ryan's troubles, especially his gambling debts and putting a financial strain on his family, when he had tried to live up to the social level of his wife's family, who were wealthy business people. In desperation Ryan switched from manual work to passing bad cheques, received stolen goods, shopbreaking and burglary. Ryan issued a large number of forged cheques in 1956 and was placed on a good-behaviour bond. After being apprehended for robbery in April 1960, Ryan and three accomplices escaped from the police watchhouse but were recaptured several days later. On 17th June 1960, Ryan pleaded guilty in the Melbourne Court of General Sessions to eight charges of breaking and stealing, and one of escaping from legal custody. He was sentenced to eight and a half years imprisonment.
Ryan first served prison time at Bendigo Prison. Here under the Governor Ian Grindlay,( Grindlay was soon to become the Governor of to Pentridge Prison), Ryan appeared to want to rehabilitate himself, he was a model prisoner , his time in prison was productive and he exhibited a disciplined approach to study, completing his Leaving Certificate (year 11).
Ryan was studying for his matric (year 12) when he was released on parole in August 1963 he was regarded by the authorities as a model prisoner.
After working as a clerk for a couple of months , Ryan went to lunch and never returned, he had started robbing butcher shops and used explosives to blow the safes.
Ryan and two accomplices were caught after another butcher shop robbery on January 4, 1964. Ryan was charged with break and enter and theft offences on January 6 1964, bailed on February 3, 1964, Ryan skipped town and fled to New South Wales. Ryan later admitted to nine robberies in NSW between April 4 and July 11, 1964. On a visit home on July 14 Ryan was caught by Police in the early hours the next morning. On 13th November 1964, Ryan received an eight-year prison sentence for breaking and entering. He was sent to Pentridge Prison.
Escape
After Ryan was sentenced to Pentridge Prison, he was placed in 'B' Division where he met a fellow prisoner Peter John Walker (who was serving a 12 year sentence for bank robbery). When Ryan was informed that his wife was getting a divorce, he made a plan to escape from prison. Walker decided to go along with him. Ryan planned to take himself and his family and flee to Brazil, where there was no extradition treaty with Australia.
At around 2:07 p.m. on Sunday 19th December 1965, Ryan and Walker put the escape plan into effect. As prison officers were taking turns attending a staff Christmas party in the officers' mess hall, Ryan and Walker scaled a five-metre prison wall with the aid of two wooden benches, a hook and blankets. Running along the top of the wall to a prison watch tower, they overpowered prison warder Helmut Lange. Ryan took his M1 carbine rifle. Ryan quickly pulled the cocking lever of the rifle and released it, forcing one round to spill onto the floor of the watch tower. (The issue of the spilled round would become a significant issue at trial). Ryan threatened Lange to pull the lever which would open the prison tower gate to freedom. Lange pulled the wrong lever. Ryan, Walker and Lange then proceeded down the steps but the gate would not open. At the bottom of the stairs was the night officers lodge, Warder Fred Brown was returning from lunch to relieve Lange when he was confronted by the escapees. Brown did not resist. When Ryan realised Lange had tricked him, Ryan jabbed the rifle into Lange’s back and marched him back up the stairs so Lange could pulled the correct lever to open the tower gate, the two escapees exited the gate out into the prison car park.
To the escapees dismay there was only two cars in the car park and one had a flat tyre.
Just in front of the duo was prison chaplain Salvation Army Brigadier James Hewitt , The escapees grabbed him and used him as a shield. Ryan armed with the rifle pointed it a Hewitt and demanded his car. Prison Officer Bennett in Tower 2 saw the prisoners, Ryan called Bennett to throw down his rifle, Bennett ducked out of sight and then got his rifle.
When Hewitt told Ryan he didn't have his car that day Ryan rifle butted him in the head causing serious injuries. Les Watt a petrol attendant who watched the escape from the petrol station on Sydney Road witnessed Ryan hitting Hewitt with the rifle. The escapees then left the badly injured chaplain and Ryan ran to Charm Street.
Walker had dropped his pipe and had moved to the next door church. Prison officer Bennett had his rifle aimed at Walker and ordered Walker to halt or he would shoot. Walker took cover behind a small wall that bordered the church.
The prison alarm was raised by Warder Lange, and it began to blow loudly, indicating a prison escape. Unarmed warders, Wallis, Mitchinson and Paterson, came running out of the prison main gate, onto the street.
George Hodson who had been having lunch in the prison officers mess near the number 1 post responded to Lange’s whistle. Bennett shouted to Hodson he had a prisoner, Walker, pinned down behind the low church boundary wall. Hodson headed for Walker and picked up Walker‘s pipe. Hodson grabbled with Walker but the escapee managed to break free so Hodson began hitting the fleeing Walker over his head with the piece of pipe. Walker was faster runner than Hodson, so Hodson continued to chase after Walker with the pipe still in his hand. Both men ran towards the armed Ronald Ryan.
Meanwhile, confusion and noise was gaining strength around the busy intersection of Sydney Road and O'Hea Street, with vehicles and trams banking up, people running for cover between cars, many prison guards in uniform with rifles were standing and running around on the road, on prison guard towers and on prison walls (the low stone prison walls that surround the main entrance of Pentridge Prison). Prison guard Paterson would later testify he was standing on the low prison wall when he fired a shot.
Frank and Pauline Jeziorski were traveling south on Charm Street and had slowed to give way to traffic on Sydney Road when Ryan armed with the rifle appeared in front of their car. Ryan threatened a car driver and his passenger wife to get out of their car. The driver Frank Jeziorski, turned his car off, put it in neutral then got out of his car. Ryan got in via the drivers door. Amazingly, the heavily pregnant Pauline Jeziorski refused to get out of the car. She was persuaded by Ryan to get out of the car, only to get back in the car to get her handbag. Ryan discovered he could not drive the car because Jeziorski had modified the cars gear linkages.
Paterson realising Ryan was armed return inside the prison to get a rifle. Warder William Mitchinson was first to reach the car and grabbed Ryan through the drivers window, he told Ryan “the games up”.
Warder Thomas Wallis who was following ran to Mrs Jeziorski side of the car. He grabbed Mrs Jeziorski and pulled her away from the car.
In frustration, Ryan with the rifle forced Mitchinson to back off, then got out the passengers side door and noticed Walker running towards him, being chased by Hodson who was holding the pipe in his hand. Walker was shouting frantically to Ryan that prison guard William Bennett, standing on the number 2 prison tower, had his rifle aimed at them. At this time, Hodson was running close behind Walker, who was near Ryan. Ryan took a couple of steps forward and raise his rifle and aimed it at Hodson.
In scenes of noise and confusion, a loud whip-like crack of a single shot was heard, and a prison officer George Hodson fell to the ground. He had been struck by a single bullet, travelling from front to back. The bullet had exited through Hodson's back, about an inch lower than the point of entry in his right shoulder. Hobson died in the middle of Sydney Road.
Paterson now with a rifle ran back outside and onto Champ Street, he decided he could not get a clear shot so he stood on a low wall in the prisons front garden, he aimed his rifle at Ryan, and claimed he fired a shot in the air when a woman came into his line of sight.
Ryan and Walker ran past the fallen warder and commandeered a blue vanguard driven by Brian Mullins, with Walker driving the car drove through the service station and drove away on Ohea Street.
On the run
Ryan and Walker successfully eluded their pursuers outside Pentridge Prison and drove away on Ohea Street before changing cars. They then made their way south following the Moonee Ponds Creek to change cars again before hiding in a safe house in Kensington provided by Norman Harold Murray. The following day the men moved to a flat in Ormond Rd Elwood.
The prison escape was dominating newspapers and the media. One newspaper reported that, " Ronald Ryan, serving time for burglary, seized a prison officer and shot him three times, twice in the chest and once in the back." ' Reports of their activities caused widespread anxiety, on 23 December Ryan armed with the Warden's rifle and Walker robbed the ANZ bank in North Rd Ormond. Ryan herded 13 people into the banks strongroom and stole 4500 pounds. A witness Mrs June Crawford told reporters," A bandit told her " This gun shot a man a few days ago."
On 24th December 1965 the Victorian Government announced a 5,000 pounds (AU$10,000) reward for information leading to the capture of Ryan and Walker. It was reported in The Age newspaper that the Chief Secretary and Attorney General Arthur Rylah, issued a warning to the escapees that the killing of Hodson during the prison escape was the worst Victoria had known, and that the Hanging Act was still in force.
On Christmas Eve there was a party at the flat, John Fisher who knew Ryan and Arthur Henderson , boyfriend of the tenant, were there , after all the beer was consumed Walker and Henderson left to for a sly grog shop in Albert Park for more drinks. An hour later Walker returned alone to the flat, he had killed Henderson in a Middle Park toilet block. Henderson was shot in the back of his head by Walker. The escapees left the flat and returned to Kensington. On the 26th two women were charged with harbouring the criminals, they came forward after Henderson was killed and the escapees had left. The charges were later dropped.
The pair return to hiding in basement of the house in Kensington, Murray was given money to buy a car in Sydney and return with it. Murray returned with the car with Queensland plates on New Year's Eve. Ryan and Walker left for Sydney on New Year's Day, arriving on 2 January 1966.
Recapture
After arriving in Sydney, Ryan and Walker endeavored to establish some safe houses, Ryan also wanted to made contact with a woman he knew when he was in Sydney years ago, she was not home but her daughter was. Ryan made an arrangement to meet the woman and daughter at Concord Repatriation Hospital on the evening of 6 January. Unknown to Ryan the daughter recognized Ryan and tipped off the police. Acting on the information, Detective Inspector Ray "Gunner" Kelly was alerted about their presence. DI Kelly with a heavily-armed contingent of 50 police officers and detectives set a trap for them. When the escapee’s car pulled up near the hospital, Ryan walked over to a nearby telephone box, but it had been deliberately put out of order, so he walked over to a neighbouring shop and asked to use the phone there. The owner had been instructed to tell Ryan that his phone was also out of order, and as Ryan walked out of the shop he was tackled by six detectives, dropping a loaded .32 revolver that he had been carrying. At the same moment Det. Sgt Fred Krahe thrust a shotgun through the car window and held it at Walker's head, and he was captured without a struggle. Ryan and Walker were on the run for 19 days. In the boot of the car Police found 3 pistols, a shotgun and two rifles, all fully loaded, an axe, jemmy, two coils of rope, a hacksaw and two boilersuits.
Extradited
Ryan, Walker were extradited back to Melbourne. They were jointly tried for the murder of George Hodson. It is alleged that Ryan made three verbal confessions to police whilst being extradited to Melbourne. According to police, Ryan admitted to them he had shot prison officer Hodson. However, these verbal allegations were not signed by Ryan and he denied making such verbal or written confessions to anyone. The only signed document by Ryan was that he would give no verbal testimony. Walker was also tried for the shooting murder of Arthur James Henderson during the period when he and Ryan were at large.
Trial and sentencing
On 15th March 1966, the case of The Queen v. Ryan and Walker began in the Supreme Court of Victoria. The first day was spent choosing the make up of the jury. Ryan and Walker both exercised their legal right in objecting to twenty candidates each. Justice John Starke instructed the jury of 12-men to look at the realities of things and ignore all that they had read and heard about the case in the media. Justice Starke had requested that if a juror would be unable to fairly try the case because of what they had heard or read, to let him know. All jurors remained silent.
The Crowns case
One of a series of serious weaknesses in the Crown's case was that neither the bullet that killed Hodson nor the spent cartridge case were ever found, despite intensive search by police.
The big surprise was that the rifle in Ryan's possession was never scientifically examined by forensics to prove it had fired a shot. Instead of the rifle being subject to careful storage and ballistic testing, it had been inadequately stored in the boot of a police officer's car where it was subject to contamination by dirt and dust.
Police testified that the M1 carbine rifle stolen by Ryan from Lange "looked as if" it had been fired. But for some mysterious unknown reasons, the rifle in Ryan's possession had not been scientifically examined. There was no conclusive evidence that the rifle commandeered by Ryan had been fired at all.
The crown's case relied on eyewitnesses who were near the Pentridge Prison when Hodson was killed. Each witness had a different idea to where Ryan was standing when the shot was fired. Some witnesses testified they saw Ryan's rifle recoil when he fired and that they saw smoke from Ryan's rifle. The owners of the car Ryan got in, Frank and Pauline Jeziorski, were two of the witnesses. All witnesses testified that Ryan had the gun raised to his shoulder and all hearing only one shot. Warder Thomas Wallis testified that he saw smoke come out of the rifle Ryan was holding. Pauline Jeziorski testified that she smelt gunpowder after Ryan had fired the shot.
Fourteen eyewitnesses testified in court that they heard only one shot - no person heard two shots. Paterson testified he fired a shot, he was also the only person to claim to heard two shots fired. Paterson had contradicted in several statements he made to police about what he saw, heard and did on that day. His first statement given to Detective Sergeant Carton on 19th December 1965 Paterson said; I did not hear a shot fired other than the one I fired. In a second statement given to Senior Detective Morrison on 12th January 1966 Paterson said; Just as I turned into the entrance to the garden I heard a shot. In a third statement on 3rd February 1966 Paterson said; I ran back inside and asked for a gun, I went to the main gate and I received a gun and ran back outside, as I was running on to the lawn I heard the crack of a shot. Paterson changed his story, too, about who was in the line of fire when he aimed his rifle. In his first statement Paterson said; I sighted my rifle at Ryan and was about to fire when a woman walked into the line of fire and I lifted my rifle. In his second statement Paterson said; I took aim at Ryan but two prison officers were in the line of fire so I dropped my rifle again. In his third statement Paterson said; I took aim at Ryan and I found out I had to fire between two prison officers to get Ryan, so I lowered my gun again.
At trial, all prison officers testified that they did not see Hodson carrying anything, and they did not see Hodson hit Walker. However, two witnesses Louis Bailey and Keith Dobson, testified that they saw Hodson carrying something like an iron-bar/baton as he was chasing after Walker. Governor Grindlay testified that he didn’t see a bar near Hodson’s body but he found one after Hodson’s body was loaded into an ambulance.
Apart from the inconsistencies of witness evidence, missing pieces of evidence and no forensic evidence, relating directly to the shooting of Hodson, the Crown relied heavily upon testimony that Ryan had, allegedly, verbally confessed to shooting Hodson.
The Verbals
It is important to note that none of the verbal confessions were signed by Ryan, who only signed documents saying that he would give no verbal testimony.
Detective Sergeant KP “Bill” Walters told the court that on 6 January 1966, the day after his re-capture in Sydney, Ryan said “In the heat of the moment you sometimes do an act without thinking. I think this is what happened with Hodson. He had no need to interfere. He was stupid. He was told to keep away. He grabbed Pete (i.e.Peter Walker) and hit him with an iron bar. He caused his own death. I didn’t want to shoot him. I could have shot a lot more.” Detective Senior Constable Harry Morrison told the court that on 7 January 1966 during the flight returning Ryan back to Melbourne Ryan said; “The warder spoilt the whole show. If he had not poked his great head into it he would not have got shot. It was either him or Pete.” .”
The Crown also called the two bank officers from the bank that Ryan and Walker robbed, both Robert Sipthorpe and George Robertson testified that Ryan said "This is the gun that shot a man the other day!" At trial, Ryan's defence lawyer Dr Philip Opas QC cross examined the two witness asking if instead thay heard "This is the type of gun that shot a man the other day." Both witnesses stuck to their story.
John Fisher (who had a long criminal history of ten convictions) and had not seen or heard from Ryan for more than two years, testified that he asked Ryan who had shot Hodson. Fisher said Ryan told him he had shot Hodson.
The Defence
One of a series of serious weaknesses in the Crown's case was that neither the bullet that killed Hodson nor the spent cartridge case were ever found, despite intensive search by police. The big surprise was that the rifle in Ryan's possession was never scientifically examined by forensics to prove it had fired a shot. Instead of the rifle being subject to careful storage and ballistic testing, it had been inadequately stored in the boot of a police officer's car where it was subject to contamination by dirt and dust.
Police testified that the M1 carbine rifle stolen by Ryan from Lange "looked as if" it had been fired. But for some mysterious unknown reasons, the rifle in Ryan's possession had not been scientifically examined. There was no conclusive evidence that the rifle commandeered by Ryan had been fired at all.
Based on Hobson's injuries, Opas produced and human skeleton as a visual aid to explain the trajectory of the fatal bullet, Opas argued that the ballistics evidence indicated that the fatal bullet entered Hodson's (shoulder) body in a downward trajectory. He also got a mathematics professor to explain that Ryan (5 feet 8 inches (1.73 m) tall) would have had to have been 8 feet 6 inches (2.55 m) tall to have fired the shot. But the prosecution argued that Hodson (6 feel 1 inch (1.85 m) tall) could have been running in a stooped position, thus accounting for the bullet's fatal downward trajectory angle of entry.
All the bullets in Ryan's M1 carbine rifle would be accounted for if Ryan cocked the rifle with the safety-catch on, this faulty operation (conceded by Lange and confirmed by ballistic experts at trial) would have caused an undischarged bullet to be ejected, spilling onto the floor of the guard tower.
On the eighth day of the trial Ryan was sworn in and took the witness stand. Ryan denied firing a shot, denied the alleged verbal (unsigned) confessions said to have been made by him, and denied ever saying to anyone that he had shot a man. According to Ryan, they were after the reward money by making false allegations. "At no time did I fire a shot. My freedom was the only objective. The rifle was taken in the first instance so that it could not be used against me".
Some witnesses testified they saw Ryan's rifle recoil when he fired - but the rifle actually had no recoil. Some witnesses testified they saw smoke from Ryan's rifle - but the rifle was actually loaded with smokeless ammunition.
Tom Gildea, a juryman at the trial, stated to Tom Prior, ‘’’Ryan didn’t do himself any good when he elected to go into the witness box and give evidence. He impressed as a little too sure of himself, but you can’t hang a man for that, or, at least, you shouldn’t.’’’
After a trial in the Victorian Supreme Court lasting twelve sitting days and despite inconsistencies of evidence, the jury found Ryan guilty of murder.
Ryan was convicted of the murder of Hodson and sentenced to death by Justice John Starke, the mandatory sentence at that time. Walker was found not guilty of murder, but guilty of manslaughter and sentenced to 12 years imprisonment. Asked if he had anything to say before sentencing Ryan stated " I still maintain my innocence. I will consult with my counsel with a view to appeal. That is all I have to say!"
Appeal
Opas decided to appeal against the murder verdict. The appeal was to the Victorian Court of Criminal Appeal, a bench consisting of three judges of the Supreme Court. His first ground was that the verdict was against the weight of the evidence. He argued that as a matter of law that the inherent inconsistencies and improbabilities and even impossibilities in the evidence. .
At the trail there had been a legal argument on when the crime of escaping from gaol had been completed. In the Crimes act, a relevant section provides that " every male person lawfully imprisoned for any crime who escapes shall be guilty of a felony"..
At the trial , Mr Justice Starke had directed the jury: " In certain circumstances, the crime of murder may be established even though the accused had no intention of killing. And that is so in these circumstances. If a killing occurs by an act of violence in the course of a commission of a felony involving violence, or in the furtherance of the purpose of such felony, the accused is guilty of murder, even though there is no actual intention of killing. There was long legal argument on when the escape felony finished, did it stop once Ryan and Walker left the prison property or did it continue until they were caught in Sydney nineteen days later? The appeal was dismissed on June 8, 1966.
After the trial
According to the juryman Tom Gildea, the jury evidently thought that the death sentence would be commuted, as had happened in the previous 35 death penalties cases since 1951. Gildea later account of the discussions in the jury room, not one member of the jury thought that Ryan would be executed. Of the jury, two members who thought Ryan was not guilty but were convinced by the others to bring in a guilty verdict. They were so sure that the death sentence would be commuted to life imprisonment, that they did not even discuss the issue of making a recommendation for mercy along with their guilty verdict. Later, some of the jurors came forth and stated they would never have convicted Ryan of murder had they known that he would in fact be executed.
Hanging
Henry Bolte, Victoria’s longest serving State Premier premier, was a key figure in the hanging of Ronald Ryan. Until this time, the State Government of Victoria had commuted every death sentence passed since 1951, after three people Robert Clayton, Norman Andrews and Jean Lee (the last female executed in Australia) had been executed for the tortured murder of an old man.
At the time of the Ryan sentence there were at least four State cabinet members who opposed capital punishment but Premier Bolte was determined to prevail.
Bolte wanted take the "tough on crime" stance. Justice John Starke reported that Bolte had insisted that the death sentence be carried out. Bolte's determination to hang Ryan to boost his votes is widely documented. Bolte’s government had a 20 seat majority over Labor in 1964 and won the April 1967 election with 43 seats to 17.
When it became apparent that the Premier Mr (later Sir Henry) Bolte intended to proceed with the execution, a secret eleventh-hour plea for mercy was made by four jury members who had found Ryan guilty of murder. They sent petitioning letters to the Victorian governor, stating that in reaching their verdict, they had believed that capital punishment had been abolished in Victoria and requesting that the Governor exercise the Royal Prerogative of Mercy and commute Ryan's sentence of death.
Bolte denied all requests for mercy and was determined Ryan would hang. The approaching execution of Ryan prompted widespread protests in Victoria and elsewhere around the country.
Newspapers in Melbourne, traditionally supporters of the Bolte government, deserted him on the issue and ran a campaign of spirited opposition on the grounds that the death penalty was barbaric. There is some evidence that, for premier Bolte, Ryan's execution was an opportunity for him to re-assert his political authority.
As Ryan's execution approached, his 75-year old mother made a final plea to Premier Bolte for mercy. Cecilia Ryan wrote: "I plead at this late hour you will reverse your decision to hang my son. If you cannot find it in your heart to grant this request then I pray you will grant me one last favour, that the body of my son be given into my custody after his death so that I can give him a Christian burial. I pray to God for the success of this last prayer". Premier Bolte promptly replied in a letter, saying that her son would not be spared the death penalty and that law required his body be buried within prison grounds. It would not be returned to her for a Christian burial.
Churches, universities, unions and a large number of the public and legal professions opposed the death sentence. An estimated 18,000 people participated in street protests and 15,000 signed a petition against the hanging. Melbourne newspapers The Age, The Herald and The Sun, ran campaigns opposing the hanging of Ryan. The Australian Broadcasting Commission (ABC) suspended radio broadcasts for two minutes as a protest.
On the last night before his execution, Ryan wrote letters on toilet paper, to his family and to those who had fought tirelessly on his behalf. Ryan maintained his innocence to the end. Ronald Ryan's last words were to the hangman. "God bless you, please make it quick."
A nationwide three-minute silence was observed at the exact time (8 AM) that Ryan was hanged on the hot morning of Friday 3rd February 1967. Thousands of people protested against the hanging outside Pentridge Prison.
A young female reporter asked Bolte what he was doing at 8:00 a.m. Bolte replied; "One of the three S’s I suppose"” when asked what he meant by that, Bolte replied; "A shit, a shave or a shower!".
Execution
All calls for clemency, petitions and protests were to no avail. Bolte was determined that the law by upheld. Bolte had said " If I thought the law was wrong I would change it.". Ryan was hanged in 'D' Division at Pentridge Prison at 8.00 AM on Friday 3 February, 1967.
Ryan refused to have any sedatives but he did have a nip of whisky, and walked calmly onto the gallows trapdoor. The hangman wasted no time and quickly pulled the lever.
A nationwide three-minute silence was observed at the exact time (8 AM) that Ryan was hanged on the hot morning of Friday 3rd February 1967. Thousands of people protested against the hanging outside Pentridge Prison.
Later that day, Ryan's body was buried in an unmarked grave within the "D" Division prison facility. The exact location of Ryan's grave has never been released by the authorities.
Forty years after Ronald Ryan was hanged, his family members made a request to have his body exhumed and placed with his late wife Dorothy, at Portland Cemetery. Premier John Brumby supported the views of Ryan's relatives to have his body exhumed so it could be cremated and placed with his late wife Dorothy, buried at Portland Cemetery.
The Case for Innocence
Australian Criminologist Professor Gordon Hawkins, at Sydney University Law School doubts the damning validity of the "unsigned confessions" of Ryan in a television film documentary, Beyond Reasonable Doubt. Although verbal confessions are not permissible in court, in the 1960s the public and therefore the jury, were much more trusting of the police. Whether as a result, an innocent man was hanged there is at least a reasonable doubt. Professor Hawkins questions why Ronald Ryan, a seasoned criminal, would suddenly feel the need to tell all to the police? Was he 'verballed’ as such unsigned confessions are called? These days 'verbals’ are virtually impossible as police have to record all interviews they carry out in connection with a crime, following extraordinary revelations of police corruption uncovered by various police royal commissions.
Ryan gave evidence and swore that he did not fire at Hodson. He denied firing a shot at all. Ryan denied the alleged verbal (unsigned) confessions said to have been made by him. Dr Opas says the last words Ryan said to him were; "We’ve all got to go sometime, but I don’t want to go this way for something I didn’t do."
Evidence pointing to the innocence of Ronald Ryan may have been lost when prison guard Helmut Lange, committed suicide by shooting himself in the head whilst on duty at Pentridge Prison, two years after Ryan was hanged. It is alleged that a close friend of Lange (who wanted to remain anonymous) claimed Lange had been troubled since the prison escape and committed suicide.
This anonymous friend of Lange, telephoned Ryan's defence attorney Dr Philip Opas QC, years after Lange's death to claim that Lange confessed to finding the missing bullet casing in the prison guard tower and told his friend he had made an official report to prison authorities at the time, attaching the missing bullet casing.
But Lange had been ordered by "someone" to make a new statement, excluding any reference to the missing bullet casing. Fearing for his job, Lange made a new statement. At trial, Lange testified that he did not see a bullet casing. Dr Opas advised the caller to inform the Police but it is unknown whether in fact the caller did.
All prison authorized M1 carbine rifles were issued with eight rounds of bullets, including the rifle seized by Ryan from Lange. Seven of the eight rounds were accounted for. If the eighth fell on the floor of the prison watch tower when Ryan cocked the rifle with the safety catch on, thereby ejecting a live round, then the bullet that killed Hodson must have been fired by a person other than Ryan.
Nineteen years after Ryan's execution, a prison officer Doug Pascoe, confessed on-air to Channel 9 and the media, that he fired a shot during Ryan's escape bid. Pascoe believes his shot may have accidentally killed his fellow prison guard, Hodson. Pascoe had not told anyone that he fired a shot during the escape because at that time, "I was a 23-year-old coward". In 1986, he tried to tell his story but his claim was dismissed by police, because his rifle had a full magazine after the shooting and he was too far away. Contesting the fatal shot, Dr Opas explains in detail the facts, which he claims cannot be mistaken - that not only did Ryan not fire a shot, but he could not have fired a shot. Witnesses for the prosecution claimed to have seen Ryan's recoil the rifle, shoulder jerk back, and smoke coming from the barrel of the gun. In fact, that type of rifle had no recoil and it contained smokeless cartridges.
In a letter, Opas on Ryan - The Innocence of Ronald Ryan written to The Victorian Bar Association and published in The Bar News in Spring 2002, Dr Opas responds to a recently made assertion by Julian Burnside (who was reviewing Mike Richard's book, The Hanged Man,) that Ryan was guilty, the verdict was correct but the punishment was wrong. Dr Opas vehemently disagrees with this assertion and refuses to believe that at any time did Ryan confess to anyone that he fired a shot. Dr Opas vehemently states that there is no evidence anywhere, that Ryan ever confessed guilt to anyone, either verbally or in writing.
Ryan gave evidence and swore that he did not fire at Hodson. He denied firing a shot at all. Ryan denied the alleged verbal confessions said to have been made by him. Dr Opas says the last words Ryan said to him were; We’ve all got to go sometime, but I don’t want to go this way for something I didn’t do.
On 1 March, 2004, in an interview with the Australian Coalition Against Death Penalty (ACADP), Dr Opas said; I want to put the record straight. I want the truth told about Ronald Ryan - that an innocent man went to the gallows. I want the truth to be made available to everyone, for anyone young and old, who may want to do research into Ryan's case or research on the issue of capital punishment. I will go to my grave firmly of the opinion that Ronald Ryan did not commit murder. I refuse to believe that at any time he told anyone that he did.
On 23rd August 2008, Dr Philip Opas QC, died after a long illness at the age of 91. Opas maintained Ryan's innocence to the end.
Mr. Justice Starke the judge at Ryan's trial, and a committed abolitionist, was convinced of Ryan's guilt but did not agree Ryan should hang. Until his death in 1992, Starke remained troubled about Ryan's hanging and would often ask his colleagues if they thought he did the right thing.
Confession
Ryan allegedly confessed or made admissions to the killing of Hodson on at least four occasions.
It is important to note that none of these confessions were signed by Ryan, who only signed documents saying that he would give no verbal testimony.
Whilst “on the run” on 23 December 1965 Ryan told staff at an ANZ Bank in Ormond, Victoria that he was holding the gun that had killed a man. The next day he told people who were assisting him that he had killed Hodson. He confessed twice to the Victoria Police. Whilst he would not say anything “on the record” he made full admissions in conversations with two different members of the police.
Detective Sergeant KP “Bill” Walters told the court that on 6 January 1966, the day after his re-capture in Sydney, Ryan said “In the heat of the moment you sometimes do an act without thinking. I think this is what happened with Hodson. …. He had no need to interfere. He was stupid. He was told to keep away. He grabbed Pete (i.e.Peter Walker) and hit him with an iron bar. He caused his own death. I didn’t want to shoot him. I could have shot a lot more.” Detective Senior Constable Harry Morrison told the court that on 7 January 1966 during the flight returning Ryan back to Melbourne Ryan said; “The warder spoilt the whole show. If he had not poked his great head into it he would not have got shot. It was either him or Pete.” .” On the day before his execution he was visited by Ian Grindlay, the Governor of Pentridge. They had come to have a respect for each other. In the presence of Father John Brosnan, Ryan's priest, the two had the following conversation; Ryan "Remember when they tried to work up a case as to whether an officer shot Hodson or I did?" Grindlay "You never had a chance with that ... you know full well you shot him." Ryan "Yes, that's true. I did shoot him. But I didn't mean to kill him ... only to stop him. I'm an expert shot. I used to be a kangaroo shooter. I aimed to hit him in the left shoulder to stop him. He almost had his hands on Peter." ." It should be noted that Grindlay also told journalist Tom Prior,
Prior also wrote that Ryan confessed to Sister Margaret Kingston, the nun who looked after Ryan’s mother in the weeks around the time of his execution.
However, according to two previous documentary films, which were based on meticulous research including archival material and interviews with the real people directly involved in the Ryan case, The Last Man Hanged and The Last Of The Ryans, show governor Grindlay saying to Ryan; "You killed one of my men." and Ryan replied; "I didn't do it Gov, I swear, I didn't shoot him." Ryan maintained his innocence to the end.
In addition, it should also be noted that on 26th March 2003, a few months before his death, Father John Brosnan was interviewed by The Australian Broadcasting Commission National Radio, and, as Brosnan was often asked in the past, about Ronald Ryan - who it was believed fired the fatal shot during the prison escape. Brosnan replied; I don't know whose bullet killed who, but a friend of mine (Ryan) died. I don't want to make a hero out of Ryan but I'll tell you what, he had heroic qualities."
In February 2003, The Catholic Southern Cross published an article by Catholic Bishop O’Kelly on Brosnan. For 30 years Brosnan was Pentridge Prison chaplain and one not easily fooled by the prisoners. He knew Ryan very well. Brosnan accompanied Ryan to the gallows and gave Ryan’s body the last rights. Brosnan was convinced and always believed that Ryan was innocent.
Film and television
- The Last Man Hanged, (documentary based on meticulous research interwoven with interviews with many real-life people involved in the case. ABC, Australia, 1993.
- Last Man Hanged - A Drama/Documentary (true story of the hanging of Ronald Ryan with interviews by people who knew Ryan and the case), Bill Bennett Productions, Australia 1992.
- The Last Of The Ryans, television movie, Crawford Productions, Australia, 23 April 1997.
- Beyond Reasonable Doubt - The Case of Ronald Ryan, documentary series, 1977 Australian Film Commission.
- Odd Man Out - The Story of Ronald Ryan Three-part television mini-series.
- The Blood of Helmut Lange - The Unjustified Execution of Ronald Ryan] The Factory Theatre, True Crime Stories, Australia 2009.
Publications
- Ayling, Jack, “Nothing but the Truth: The life and times of Jack Ayling’’ Chippendale, Pan McMillan ISBN 9780330274661
- Dickens, Barry, Remember Ronald Ryan: A Dramatic Play, Currency Press, Sydney, 1994, ISBN 0868193925
- Dickens, Barry, Guts and Pity - The Hanging that ended Capital Punishment in Australia, Currency Press, Sydney, 1996 ISBN 0868194247
- Grindlay, Ian, “Behind Bars: Memoirs of Jail Governor, Ian Grindlay”, Southdown Press, Melbourne
- Hansen, Brian, “The Awful Truth” Brian Hansen Publications, 2004 ISBN 1-876151-16-1,
- Opas, Philip, Throw away my wig: an autobiography of a long journey with a few sign posts
- Prior, Tom, ‘’Bolte by Bolte,’’ Craftsman Publishing, 1990 ISBN 1-875428-00-3
- Prior, Tom, ‘’A knockabout priest : the story of Father John Brosnan’’, Hargreen , North Melbourne, 1985, ISBN 0949905232
- Richards, Mike, The Hanged Man - The Life and Death of Ronald Ryan, Scribe Publications, Melbourne, 2002, ISBN 0-908011-94-6 (Joint winner of the 2002 Ned Kelly award for true crime non-fiction ,Highly commended, National Biography Award 2003 )
- Sharpe, Alan, “The giant book of Crimes that shocked Australia”, ISBN 1-863090-18-5
Cited references
- Last Man Hanged, The - Year:1993/Production Company:b:j films Pty Ltd - Screen Australia -Former AFC : Searchable Film Database
- ^ http://www.vicbar.com.au/vicbar_oral/images/opas/11_RyanCase.gif
- The death of Ronald RyanBy Mike Richards, February 2, 2007 (Page 3) - In Depth - theage.com.au
- ^ The Hanged Man: The Life and Death of Ronald Ryan (Melbourne, Scribe, 2002),
- The Truth page 3 January 1st, 1966,
- ^ http://www.vicbar.com.au/vicbar_oral/images/opas/15_RyanMother.gif
- "Ryan, Ronald Joseph (1925 - 1967)", Australian Dictionary of Biography, Volume 16, Melbourne University Press, 2002, p. 157.
- the Herald page 5 December 20 , 1965 |The men Police are hunting!
- ^ The Last Man Hanged(1992)(TV), "A one hour drama/documentary about the hanging of Ronald Ryan in Australia in 1967"
- the Herald page 5 December 20 , 1965 |The men Police are hunting!
- ^ The Walker Interview, The Truth newspaper 25/01/1985
- The Herald page 5 December 20 1965 , Death was 1/2 inch away for Gaol Chaplain
- The Sun page 2 December 20, 1965 , I saw Murder
- The giant book of Crimes that shocked Australia, Alan Sharpe ISBN 1-863090-18-5
- The Sun December 20,1966
- The Herald December 24 1966
- ^ http://australianscreen.com.au/titles/case-of-ronald-ryan/clip2/
- ^ http://www.vicbar.com.au/pdf/Bar%20News%20PDF%20files/Spring%202002/Correspondance.pdf
- ^ Trial transcript R v Ryan & Walker 15-30 Mar 66, quoted by Richards, The Hanged Man at p. 199
- ^ Trial transcript R v Ryan & Walker 15-30 Mar 66, p555, quoted by Richards, The Hanged Man at p. 203.
- ^ Prior, Tom, ‘’A Knockabout Priest’’, Hargreeen , North Melbourne, 1985, ISBN 0-94990524
- ^ http://www.vicbar.com.au/vicbar_oral/images/opas/7_RyanGuilty.jpg
- ^ http://www.vicbar.com.au/vicbar_oral/images/opas/14_Witness.gif
- Jean Lee - The Last Woman Hanged - Episode 12, Broadcast 6.30pm on 29/4/2002, ABC TV Online
- ^ http://australianscreen.com.au/titles/last-man-hanged/clip2/
- http://www.vicbar.com.au/vicbar_oral/images/opas/25_Vigil.jpg
- ^ http://www.slv.vic.gov.au/ergo/uploads/images/2.2.1.9_00_full.jpg
- ^ Bolte by Bolte, Tom Prior ,(Craftsman Publishing, 1990) ISBN 1-875428-00-3
- http://www.vicbar.com.au/vicbar_oral/images/opas/16_RyanDeath.gif
- Ryan victim's daughter protests exhumation - By Kelly Ryan and Ellen Whinnett,October 30, 2007, Herald Sun
- Undertakers' protest over Ronald Ryan a secret By Ellen Whinnett, October 30, 2007, Herald Sun
- ^ http://www.vicbar.com.au/vicbar_oral/images/opas/22_Casewontdie.jpg
- Ronald Ryan was innocent, says accomplice By Gary Hughes, December 21, 2007, The Australian
- The Ryan legacy By Julian Burnside, March 11 2002, The Age
- Profile: Philip Opas AM OBE QC - The Victorian Bar - Oral History
- 14 October 1968 interview with Father Brosnan, quoted in Richards, The Hanged Man, p.372
- Prior, Tom, ‘’A knockabout priest : the story of Father John Brosnan’’, Hargreen , North Melbourne, 1985, ISBN 0949905232
- The Last of the Ryans (1997) (TV), IMDb
- Tribute to Father John Brosnan26 March 2003, Reporter: Kellie Day, PM Archive, ABC Local Radio
- Paying the penalty The Southern Cross, Archdiocese of Adelaide
External links
- Dr Philip Opas, QC The Innocence of Ronald Ryan Victorian Criminal Bar Association. (Newsletter, Spring 2002).
- The Hanging of Ronald Ryan (Part 1) Transcript, Newspaper articles & Video.
- The Hanging of Ronald Ryan (Part 2) Transcript, Newspaper articles & Video.
- The Hanging of Ronald Ryan (Part 3) Transcript, Newspaper articles & Video.
- Dickens, Barry, Guts and Pity - The Hanging that ended Capital Punishment in Australia, Currency Press, Sydney, 1996 ISBN 0868194247
- "New resting place for Ronald Ryan", National Nine News, 29 October, 2007
- Ewart, Heather, "35th anniversary of Australia's last execution", 7.30 Report, Australian Broadcasting Corporation, 14 March, 2002
- Norden, Fr. Peter, "Remembering a hanging", Jesuit Communications Australia, 10 September, 2007.
- "Ryan, Ronald Joseph (1925 - 1967)", Australian Dictionary of Biography, Volume 16, Melbourne University Press, 2002, p. 157.
- Ryan, Michael, "Ryan Still able to joke: mother", Home News, 27 January, 1967
- The Last Man Hanged (documentary) at IMDb
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Categories:- Misplaced Pages neutral point of view disputes from February 2009
- Living people
- 1967 deaths
- People executed for murder
- People executed by hanging
- Criminals from Melbourne
- People executed by Victoria (Australia)
- Executed Australian people
- Escapees from Victoria (Australia) detention
- Australian people convicted of murder
- 20th-century executions
- People convicted of murder by Victoria (Australia)
- Australian bank robbers