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Ronald Ryan

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Ronald Ryan
StatusExecuted by hanging
SpouseDorothy Janet (nee George)
ChildrenJanice, Wendy, Rhonda, Robert
Parent(s)John Ryan and Cecilia (nee Young)
Conviction(s)murder
Criminal chargemurder
Penaltydeath

Ronald Joseph Ryan (21 February 1925 - 3 February 1967) was the last person to be legally executed in Australia. Despite inconsistencies in evidence, lack of scientific forensics and missing pieces of evidence, Ryan was found guilty of shooting and killing a prison officer during a prison escape from Pentridge Prison in Victoria on 19 December 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. To this day, the Ryan case provokes questions of whether Ryan was guilty beyond reasonable doubt.

Early life

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Ryan was born on 21 February 1925 at the Royal Women's Hospital in Melbourne's inner suburb of Carlton, to John (aka Big Jack) and Cecilia Thompson. 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 after Thompson's death in 1927 from a car accident.

In 1936 Ryan was confirmed in the Catholic Church. He took as his confirmation name Joseph, and then became known as Ronald Joseph Ryan. The family lived in dire poverty. When Jack was completely unable to work due to lung disease and with most of his invalid pension spent on alcohol, the family move to a tiny cottage in Brunswick and things became even more desperate. Severe, neglected ulceration leaves Ronald almost blind in his left eye, which causes a slight droop to his damaged eye. Finally Mrs Ryan can no longer keep the state child welfare authorities at bay.

The Ryan children are made a ward of the state after authorities declared them as "neglected". At the age of ten Ronald Ryan is sent to the Salesian Brothers' Orphanage at Sunbury, on the outskirts of Melbourne. His sisters (Irma, Violet and Gloria) were sent to the Good Shepard Convent in Collingwood.

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 joined his half-brother George Thompson, working in and around Balranald, New South Wales, spare money earnt from sleeper cutting and kangaroo shooting was sent money to his mother looking after their sick alcoholic father John Ryan.

At the age of eighteen, Ryan returns to Melbourne from Balranald and picks up his three sisters from the convent and buys them new clothes. Excitedly, he tells his sisters about the wide-open space in the "outback", and his plans to move them and their mother away from the violence and bad memories of the big city. Later that year, after months of hard work to prove his ability to support his sisters, the state child welfare authorities agree to young Ronald's plans. That Christmas the family are joyfully reunited at Balranald. Ryan is now the sole breadwinner for the family. While his sisters go to school and his mother looks after the house, Ryan takes on some farm work as well as his other jobs. Ryan's father Jack, stayed in Melbourne and died after a long battle with miners' phthisis turberculosis a year later. Ryan worked to support his mother and sisters.

Aged about 23, Ryan returned to Melbourne where he was employed as a storeman. On 4 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 - a prominent figure in local government, from an old Melbourne family. Ryan's origins are firmly working class. Ronald and Dorothy then have three daughters, Janice, Wendy, Rhonda and Robert (died a few hours after birth).

Although Ryan had no trade, he was a versatile worker, managing to support a wife and three daughters. Each summer he works as a timber-cutter for a man named Keith Johanson, a logging and pulpwood contractor in the mountains near Matlock, eighty miles from Melbourne. Gradually, Ryan worked up to a position as sub-foreman, responsible for paying and organising a number of other men. Every second weekend, Ryan hitch-hikes home to Melbourne with a cheque for his family, but the precious hours with his wife and daughters are never long enough. Early Monday morning he went back to work in the forest.

Ryan works harder than ever, earning the respect of his employers and the men under him. When his daughters begin attending school and the timber-cutting season ended, there is not enough money. Ryan, now aged 31, is too proud to ask Dorothy's parents for financial help and instead begins to gamble heavily and passing forged cheques. He is soon caught and he pleads guilty. Ryan is released on a five-year good behaviour bond. In one report a detective describes Ryan as "highly intelligent". Ryan worked in a series of straight jobs closer to home. For three years he avoided crime, instead turning to gambling as a way to give his family what he believed they deserved. However this inevitably leads Ryan to store-breaking, then stealing, then factory-breaking. Again he is caught.

Ryan's Life

Ryan was 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.

Ryan first served prison time at Bendigo Prison. 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 Matriculation Certificate (year 12) when he was released on parole in August 1963 He was regarded by the authorities as a model prisoner. Appearing to want to rehabilitate himself.

According to his wife Dorothy, in the documentary film The Last Man Hanged Ryan wanted to provide everything for his family and his gambling escalated. Ryan returned to crime. On 13 November 1964, Ryan received an eight-year prison sentence for breaking and entering. He was sent to Pentridge Prison.

Slightly built and 5 ft 8 ins (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.

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, and Ryan took his M1 carbine rifle, he then threatened Lange by cocking the rifle. .

Ryan ordered 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 Champ 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 and people running around between cars.

Frank and Pauline Jeziorski were travelling south on Champ 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 chest. Hobson died between the tram lines in the middle of Sydney Road.

Paterson now armed 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 newpaper 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. 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 (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 Years Eve. Ryan and Walker left for Sydney on New Years day, arriving on 2 January 1966.

Recapture

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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 15 March 1966, the case of The Queen v. Ryan and Walker began in the Supreme Court of Victoria. 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.

The Crowns case

The crown's case relied heavily on eyewitnesses who were near the Pentridge Prison when Hodson was killed. 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 there was no conclusive evidence that the rifle commandeered by Ryan had been fired at all.

There were fourteen eyewitnesses and each had a different account of what they saw. All fourteen eyewitnesses testified they saw Ryan waving and aiming his rifle. Four eyewitnesses testified that they saw Ryan fire a shot (a spent cartridge would have had to spill on the ground), when in fact a spent cartridge was never found despite extensive search by police. Two eyewitnesses testified they saw smoke coming from Ryan's rifle, when in fact that type of rifle contained smokeless cartridges. Two eyewitnesses testified they saw Ryan recoil his rifle, when in fact that type of rifle was recoiless. There were contradicitions also, whether Ryan was standing, walking or squatting at the time a single shot was heard.

All of the fourteen eyewitnesses testified that they heard only one shot - no person heard two shots.

Prison officer Paterson testified he fired a shot, and he was also the only person to claim to heard two shots fired. At trial, Paterson was questioned about how he used his rifle when he fired a shot. Paterson replied; "I took aim, I took the first pressure that you take on the trigger, and I was beginning to squeeze the trigger when a woman got into my sights, and I could not withdraw my pressure from the trigger, so I had to let the shot go in the air, and I don't know where the woman came from she just appeared in my sights."

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 19 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 12 January 1966 Paterson said; "Just as I turned into the entrance to the garden I heard a shot." In a third statement on 3 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 Defence

The defence pointed to various substantial discrepancies in The Crown's case. While some eyewitnesses testified they saw Ryan to the east of Hodson when a single shot was heard, other eyewitnesses testified Ryan was to the west of Hodson. The discrepancies in evidence were substantial and wide-ranging. Opas contended that each of the fourteen eyewitnesses evidence were so contradictory that little store could be placed on them.

Philip 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 Monash University mathematics professor Terry Speed, to explain that Ryan (5 feet 8 inches (1.73 m) tall would have had to have been 8 feet 3 inches (2.55 m) tall to have fired the shot. These calculations were based on Ryan being twenty feet from Hodson and Hodson was standing perfectly upright. The bullet would enter Hodson's body 62 inches from the ground and exit 61 inches from the ground. If the shot was in a downward angle the bullet would have hit the road forty feet from where Hodson was hit, it also suggested that Hodson could have been shot from another elevated point and possibly by another prison officer. It would cast doubt that Ryan had fired the fatal 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.


The ballistics expert who examined the carbine when it was retrieved and gave evidence that it appeared to him that it had not been cleaned since it was last fired. Under cross-examination he said that he did not take any sample from the barrel to test for residue from gunpowder or cordite. He agreed that it was inevitable that the barrel would be dusty while being carried through a drought stricken rural area. The most he could say was that the barrel appeared dirty but he could not say what caused the dirt. He could not say that the weapon had been in fact fired since it was last cleaned. The fact that Ryan's rifle was never scientifically tested by forensic experts was of significate concern. The fatal bullet was also, a vital piece of evidence that was never found. Scientific forensic tests on the fatal bullet would have provided proof of who's rifle had fired it. Although all prison-authorized rifles were the same M1 carbine type, scientific forensic testing would prove which rifle fired the fatal shot—every rifle leaves a microscopic "unique marker" on the fired bullet as it travels through the barrel of the rifle. In addition, the spent cartridge was also, a vital missing piece of evidence. The spent cartridge would be ejected to a distance of 5-10 feet—this meant that it was highly unlikely that Ryan's rifle had fired a shot.

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 prison officer Lange, assistant prison governor Robert Duffy, and confirmed by ballistic experts at trial) would have caused an undischarged bullet to be ejected, spilling onto the floor of the guard tower. Opas established that a person who was inexperienced in handling that type of rifle and its cocking-lever rifle, it would be easy to jam the rifle and any attempt to clear the jam would result in a live round being ejected.

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".

In his final address to the jury members, Opas stated; "Long before this case came to trial there was most unusual publicity given to the exploits of the accused, in the media, on the radio and over television. It would be impossible for anyone living in a capital city in Australia to approach this trial without some pre-conceived notions based on what they had read or heard about the case. It is easy to take the view of the accused that they are convicted criminals, a perfect scapegoat a convicted person would become if he became the target for a trumped-up charge."

After a trial in the Victorian Supreme Court lasting twelve sitting days and despite inconsistencies of evidence, missing pieces of evidence and no scientific proof that Ryan's rifle had fired a shot, the jury found Ryan guilty of murder.

Ryan was convicted of the murder of Hodson. Justice John Starke wasted no time in passing the sentence of death. Starke asked Ryan if he had anything to say, 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!" Without further delay, without the right of plea by the defence and without the usual adjournment prior to sentencing, Starke sentenced Ryan to death; "Ronald Joseph Ryan, you have been found guilty of murder of George Henry Hodson, it is the sentence of this court that you be taken from here to the place from where you came (Pentridge Prison) and on a day and hour to be fixed, you shall be hanged by the neck until you are dead, and may God have mercy on your soul."

After the trial

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According to the 12 male jurors, they evidently thought that the death sentence would be commuted, as had happened in the previous 35 death penalties cases since 1951. According to one jury member's later account of the discussions in the jury room, not one member of the jury thought that Ryan would be executed.

The jury had originally decided on a not-guilty verdict, but two jury members who thought Ryan was guilty convinced 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.

Appeal

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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. The appeal was dismissed on June 8, 1966. In October 1966, a second appeal is rejected. Soon after, legal aid to Ryan is cut. Opas agrees to work without pay. Two months later Premier Bolte, announces that Ryan's death sentence will not be commuted. Opas flew to London to present Ryan's case to the highest judges in the Commonwealth. Despite Opas' efforts, the Privy Council refused the appeal. On 26 January 1967 a personal appeal to the Queen is unsuccessful.

A Political Hanging

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Henry Bolte, Victoria’s longest serving State 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. At the time, Victoria was facing another State election and Bolte wanted to win extra votes by taking the "tough on crime" stance. Bolte was reported over the media saying, a hanging is 10 percent of the vote. 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 in the film The Last Man Hanged.

When it became apparent that the Premier 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 his body would not be returned to her for a Christian burial. Tha Act stated that the body of executed criminal was to be buried within the proison.

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 morning of Friday 3 February 1967. Thousands of people protested against the hanging outside Pentridge Prison. Inmates staged a sit-in as a protest against Ryan's hanging, refusing to obey orders to go to work.

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 mean’t by that, Bolte replied; "A shit, a shave or a shower!".

Execution

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. Ronald Ryan's last words were to the hangman; "God bless you, please make it quick." The hangman wasted no time after adjusting the noose, quickly leapt to pulled the lever. Ryan fell through the trapdoor with a loud crash. Grindlay was later to say he was suprised the hangman didn't fall down the trap.

A nationwide three-minute silence was observed at the exact time that Ryan was hanged. Thousands of people protesting outside the prison knew the moment of the execution because the pigeons on the D Division roof all took flight.

Later that day, Ryan's body was buried in an unmarked grave within the "D" Division prison facility. Three bags of quicklime was spread over the coffin. The exact location of Ryan's grave has never been released by the authorities.

While the biggest public protest ever seen in the history of Australia was not successful in averting Ryan’s execution, the protest campaign to save Ryan from the gallows ensured that governments around Australia regarded it as too difficult politically to ever enforce the death penalty again.

Within twenty years, capital punishment would be abolished federally and in all state and territory jurisdictions. In 1985, Australia officially abolished capital punishment.

Today, almost all federal and state politicians from all political parties are opposed to the reintroduction of capital punishment in Australia, for all crimes. Whether these politicians are representative of their voters is less clear. In recent years, Australian politicians (both government and opposition) have made various comments that have changed Australia's opposition to the death penalty. The implications of this shift in Australian policy have not yet been fully explored or debated.

Forty Years Later

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. Victorian Premier John Brumby, gave permission for archaeological work and exhumation of Ryan's body.

Only recently has it been revealed by undertakers John Roy V. Allison that Ryan was buried in a highly polished darkwood coffin with the best trimmings, high-quality handles, satin lining, and a crucifix attached to the coffin. In a protest against the hanging, the undertakers added the best of everything to Ryan's coffin, so that his daughters would know he had a bit of dignity.


The Case for Innocence

Australian Criminologist Professor Gordon Hawkins, at Sydney University Law School doubts the 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.

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. Police refused to comment. There is no proof that a call was ever made.

In 1993, a former Pentridge prisoner Harold Sheehan claimed he had witnessed the shooting but had not come forward at the time. Sheehan saw Ryan on his knees when the shot rang out and therefore, Ryan could not have inflicted the wound that passed in a downward trajectory angle that killed Hodson.

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.

It was also were discredited by the authorities because according to the staff roster book Pascoe was on duty at another part of the prison. Whether the staff roster book even existed after 19 years remains questionable. The roster book may have been meaningless on that particular day anyway, because prison staff were taking turns standing-in for workmates as required, while they attended the staff Christmas party.

Contesting the fatal shot, Dr Opas explains in detail the facts, which he claims cannot lie - which 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 The Hanged Man,) that Ryan was guilty, the verdict was correct but the punishment was wrong. In addition, the editors of The Victorian Criminal Bar Association admitted that Julian Burnside personal assertion of Ryan's guilt is 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. Burnside has been asked on several occasions to explain how came to his assertion, but has refused to explain. 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 23 August 2008, Dr Philip Opas QC, who had received an OBE died after a long illness at the age of 91. Opas maintained Ryan's innocence to the end. He was posthumously awarded an AM : Australia Day Honours in February 2009.

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.

Prison Chaplin Father John Brosnan

Father Brosnan was a saintly Catholic priest for 57 years. For 30 years he was Pentridge Prison chaplain and one not easily fooled by the prisoners. He knew Ronald Ryan very well. Father Brosnan was convinced and always believed Ryan was innocent.

On 26 March 2003, Father 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 breakout. Father 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."

Ryan's defence lawyer and the priest developed a close friendship while working on the Ryan case. Dr Opas believes that Father Brosnan would have told him if Ryan had confessed guilt. Father Brosnan accompanied Ryan to the gallows and he believed Ryan was innocent.

The Facts (referenced) Supporting Innocence

  • Ryan's rifle was never scientifically tested by forensic experts.
    <Referenced Documentaries: The Last Man Hanged, The Last of The Ryans, Beyond Reasonable Doubt, Odd Man Out.>
  • There was no proof that Ryan's rifle had been fired.
    <Referenced Documentaries: The Last Man Hanged, The Last of The Ryans, Beyond Reasonable Doubt, Odd Man Out.>
  • The fatal bullet that passed through Hodson's body was never found despite extensive search by police.
    <Referenced Documentaries: The Last Man Hanged, The Last of The Ryans, Beyond Reasonable Doubt, Odd Man Out.>
  • The spent cartridge, also, was never found despite extensive search by police. If Ryan had fired a shot, a spent cartridge would have spilt on the ground.
    <Referenced Documentaries: The Last Man Hanged, The Last of The Ryans, Beyond Reasonable Doubt, Odd Man Out.>
  • It was never proven that the fatal bullet came from the weapon in Ryan's possession.
    <Referenced Documentaries: The Last Man Hanged, The Last of The Ryans, Beyond Reasonable Doubt, Odd Man Out.>
  • All fourteen witnesses testified they heard one single shot.
    <Referenced Documentaries: The Last Man Hanged, The Last of The Ryans, Beyond Reasonable Doubt, Odd Man Out.>
  • Paterson admitted and testified he fired one single shot.
    <Referenced Documentaries: The Last Man Hanged, The Last of The Ryans, Beyond Reasonable Doubt, Odd Man Out.>
  • No person heard two shots fired. If Ryan had also fired a shot, at least one person would have heard two shots. Only one shot was heard.
    <Referenced Documentaries: The Last Man Hanged, The Last of The Ryans, Beyond Reasonable Doubt, Odd Man Out.>
  • Ballistic evidence indicated that Hodson was shot in a downward trajectory angle.
    <Referenced Documentaries: The Last Man Hanged, The Last of The Ryans, Beyond Reasonable Doubt, Odd Man Out.>
  • The measurement of the entry and exit wound on Hodson's body indicated that the shot was fired from an elevated position.
    <Referenced Documentaries: The Last Man Hanged, The Last of The Ryans, Beyond Reasonable Doubt, Odd Man Out.>
  • Ryan (a shorter man) could not have fired at Hodson (a taller man) in such a downward trajectory angle, as both were on level ground.
    <Referenced Documentaries: The Last Man Hanged, The Last of The Ryans, Beyond Reasonable Doubt, Odd Man Out.>
  • Two eyewitnesses testified seeing Ryan recoil his rifle and two eyewitnesses testified seeing smoke coming from the barrel of Ryan's rifle. In fact, that type of rifle had no recoil and it contained smokeless cartridges.
    <Referenced Documentaries: The Last Man Hanged, The Last of The Ryans, Beyond Reasonable Doubt, Odd Man Out.>

Not true M1 Carbines do recoil and modern weapons do in fact emit smoke when fired. Check out youtube; search on M1 carbines, live firings clearly show recoil and smoke. However, M1 carbines back in 1965 were not of the "modern" type seen on today's youtube, and were at that time proven to be recoiless and to contain smokless cartridges.<Referenced Documentaries: The Last Man Hanged, The Last of The Ryans, Beyond Reasonable Doubt, Odd Man Out.>

Alleged confession

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In a book by Mike Richards entitled The Hanged Man, (released and published in 2002) makes allegations that Ryan confessed guilt to Pentridge Prison Governor Ian Grindlay the night before the hanging. According to this book Ryan said to Grindlay, "I did shoot him (Hodson) but I didn't mean to kill him only to stop him." It should be noted that Grindlay died more than one decade before the book that contains this allegation was published. Therefore, the author's account of the truth cannot be confirmed and is unreliable. Also, the author makes various unconfirmed allegations against now deceased persons directly involved in the Ryan case. Richards allegations in his book-for-profits are merely "hearsay" in an effort to gain notoriety.

The historical "fact" (something that is absolutely indisputable) and supported by Dr Opas and the many other meticulously researched documentaries, stories and articles on the Ryan case, is that there is no evidence, nor are there any documented records, anywhere whatsoever, that Grindlay (while still alive) said to anyone, at anytime, that Ryan had confessed guilt.<Referenced Documentaries: The Last Man Hanged, The Last of The Ryans, Beyond Reasonable Doubt, Odd Man Out.>

Last Legal Execution in Australia Documentary Film

The Last Man Hanged is a dramatised documentary released in 1992 based on miticulous research, with a mixture of re-creating interviews with the people directly involved in the Ryan case and archival material depicting the events leading up to the hanging of Ronald Joseph Ryan in Pentridge Prison. What evolves in the documentary is a powerful and emotional statement about capital punishment - a universal story about the social and political pressures that can lead a government to take the life of a human being and the story of a complex Ronald Ryan, who was as much a victim of politics as the victims of society he had violated - a man who believed ultimately he had to die.

Featuring candid interviews with the people who knew Ryan well - his wife, lawyer, fellow escapee, trial judge, the priest, politicians, the journalist who witnessed his execution. The Last Man Hanged is the story of Ronald Ryan, a petty-thief with no record of violence, but whose botched escape from prison resulted in his execution - the story of a brutal, cold-blooded murder by the State.

References

  1. ^ Opas, Phil (Spring 2002), "Correspondance" (PDF), Victorian Bar News (122), Melbourne, Australia: The Victorian Bar: 13, ISSN 0150-3286, retrieved 2009-08-07
  2. ^ Ryan: the case that won't die, Melbourne, Australia: Herald Sun, 1997, p. 78, retrieved 2009-08-07 {{citation}}: Unknown parameter |day= ignored (help); Unknown parameter |jornal= ignored (help); Unknown parameter |month= ignored (help)
  3. ^ Ryan: the case that won't die, Melbourne, Australia: Herald Sun, 1997, p. 79, retrieved 2009-08-07 {{citation}}: Unknown parameter |day= ignored (help); Unknown parameter |jornal= ignored (help); Unknown parameter |month= ignored (help)
  4. http://www.imdb.com/ “the Last Man Hanged”/
  5. http://www.vicbar.com.au/vicbar_oral/images/opas/11_RyanCase.gif
  6. http://www.imdb.com/ “the Last Man Hanged”/
  7. The Walker Interview, The Truth newspaper 25/01/1985
  8. The Herald page 5 December 20 1965 , Death was 1/2 inch away for Gaol Chaplain
  9. The Sun page 2 December 20, 1965 , I saw Murder
  10. http://www.imdb.com/ “the Last Man Hanged”/
  11. The Hanged Man: The Life and Death of Ronald Ryan (Melbourne, Scribe, 2002),
  12. The giant book of Crimes that shocked Australia, Alan Sharpe ISBN 1-863090-18-5
  13. The Hanged Man: The Life and Death of Ronald Ryan (Melbourne, Scribe, 2002),
  14. http://www.imdb.com/”The Last Man Hanged”/
  15. http://www.imdb.com/”The Last Man Hanged”/
  16. http://www.imdb.com/”The Last Man Hanged”/
  17. The Sun December 20,1966
  18. The Herald December 24 1966
  19. http://www.imdb.com/”The Last Man Hanged”/
  20. The Walker Interview ,The Truth, January 25, 1985.
  21. The Walker Interview ,The Truth, January 25, 1985.
  22. The Hanged Man: The Life and Death of Ronald Ryan (Melbourne, Scribe, 2002),
  23. The Walker Interview ,The Truth, January 25, 1985.
  24. The Hanged Man: The Life and Death of Ronald Ryan (Melbourne, Scribe, 2002),
  25. http://australianscreen.com.au/titles/last-man-hanged/clip2/
  26. Opas, Philip, Throw away my wig
  27. http://www.vicbar.com.au/pdf/Bar%20News%20PDF%20files/Spring%202002/Correspondance.pdf
  28. http://www.vicbar.com.au/vicbar_oral/images/opas/7_RyanGuilty.jpg
  29. http://www.abc.net.au/dimensions/dimensions_in_time/Transcripts/s546556.htm
    • Tom Prior, Bolte by Bolte (Craftsman Publishing, 1990) ISBN 1-875428-00-3
  30. The Truth newspaper, edition 10 April 1976
  31. http://www.vicbar.com.au/vicbar_oral/images/opas/25_Vigil.jpg
  32. http://nla.gov.au/anbd.bib-an000040581531
  33. http://www.news.com.au/heraldsun/story/0,21985,22668956-2862,00.html
  34. http://australianscreen.com.au/titles/case-of-ronald-ryan/clip2/
  35. http://72.14.235.132/search?q=cache:VI_7mMTWVoEJ:www.cla.asn.au/Articles/060522%2520Herde%2520Death%2520Penalty.pdf+was+ronald+ryan+innocent&cd=48&hl=en&ct=clnk&gl=au
  36. http://www.ajn.com.au/news/news.asp?pgID=7013
  37. http://www.vicbar.com.au/vicbar_oral/opas_home.asp
  38. http://www.adelaide.catholic.org.au/sites/SouthernCross/Features?more=1464
  39. http://www.abc.net.au/pm/content/2003/s817259.htm
  40. http://australianscreen.com.au/titles/last-man-hanged/

Further Reading on Ryan's Case

  • Dr Philip Opas, QC The Innocence of Ronald Ryan Victorian Criminal Bar Association. (Newsletter, Spring 2002).
  • The Hanging of Ronald Ryan (Part 1) (Part 2) (Part 3) Transcripts, News Articles, Videos.
  • The Case That Won't Die Herald Sun newspaper, 1997
  • Ryan - The Case Herald Sun newspaper, 1997
  • Bullet May Have Cleared Ryan Herald Sun newspaper, 1997
  • Ryan - Most Emphatically No Herald Sun newspaper, 1997
  • Day Of Decision The Age newspaper, 1966
  • Ryan Guilty The Sun newspaper, 1966
  • Opas' Last Letter To Ryan Defence Lawyer Dr Philip Opas QC, 1966
  • Ryan Reprieve The Age newspaper, 1967
  • Ryan Still Able To Joke The Sun newspaper, 1966
  • The Vigil Begins The Sun newspaper, 1967
  • Public Opinion On Hanging The Age newspaper, 1967
  • Witness At A Hanging The Herald newspaper, 1973
  • How Ryan Died The Truth newspaper, 1967
  • Haunted By Hanging - The Death That Changed My Life Herald Sun newspaper, 1997

Film and Television Documentaries

Plays

Authors' Books

  • 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


External links

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