How new evidence overturned a 1975 murder acquittal and saw the killer of a 15-year-old girl finally face justice
Hope may have seemed lost for the family of 15-year-old Jacqueline Montgomery in 1975 when a man, Dennis McGrory, was put on trial for her brutal rape and murder, but was acquitted.
Jacqueline Montgomery was found dead in her Islington, north London, home in 1975.
Jacqueline Montgomery was found dead in her Islington, north London, home in 1975.
Normally that would be the end of the matter.
But nearly 50 years later her killer, McGrory, now 75, is facing life imprisonment.
This comes partly as a result of work undertaken by the Crown Prosecution Service Appeals and Review Unit in January 2019, in conjunction with the Metropolitan Police.
The same CPS team worked behind the scenes to see Gary Allen face a re-trial last year, 21 years after he had originally been acquitted of the 1997 murder of Samantha Class by a jury. He was subsequently convicted of the murders of Samantha Class and Alena Grlakova (below).
They can look again at 'double jeopardy' cases – a rare category of cases where the CPS and police want to see someone who has already been acquitted by a jury for an offence re-investigated and potentially prosecuted for a second time.
There is a high bar for reinvestigating cases where someone has previously been found not guilty: there must be compelling new evidence to argue in the Court of Appeal in favour of a second prosecution and it must be in the public interest to proceed.
Alena Grlakova (left), who was murdered by Gary Allen (centre) in 2020 and Samantha Class (right), murdered in 1997
Alena Grlakova (left), who was murdered by Gary Allen (centre) in 2020 and Samantha Class (right), murdered in 1997
Max Hill, KC, Director of Public Prosecutions, on making a decision in a 'double jeopardy' case
Max Hill KC, the Director of Public Prosecutions, who heads up the CPS, said: "Setting aside a verdict in a murder trial is, quite rightly a serious step and one that is not undertaken very often. It is in only a handful of cases that I have personally approved a decision to apply to do so.”
To succeed in this attempt the CPS had to consider making an argument to judges at the Court of Appeal, who would also hear counter-arguments from McGrory's defence team.
Leena Verma, CPS Appeals lawyer, talks about the case
Leena Verma, the CPS Appeals lawyer asked to look again at the case, said: "Advances in DNA technology meant that, 47 years after the murder, we could now prove McGrory had had sexual contact with Jacqueline just before she died. Working closely with the police and medical experts, we were able to put forward a persuasive argument for the Court of Appeal to be satisfied that there was new and compelling evidence, and that it was in the public interest to try him again. "
Court of Appeal judges allowed the retrial. CPS London Homicide prosecutors took over the case.
At McGrory’s retrial a jury was able to see for the first time photos showing injuries he sustained while killing Jacqueline.
He lied about the injuries he received that night, saying he was jumped by ‘four geezers’.
They also heard of a page ripped from Jacqueline's diary.
This was a vital piece of evidence that McGrory had been searching for as it may have contained information leading him back to his estranged ex-partner of the time.
The page was found in his pocket when he was first arrested in 1975.
Dennis McGrory, showing injuries he had, photographed while in custody in 1975
Dennis McGrory, showing injuries he had, photographed while in custody in 1975
Dennis McGrory, showing injuries he had, photographed while in custody in 1975
Dennis McGrory, showing injuries he had, photographed while in custody in 1975
After a two-week trial in front of a new jury, McGrory was finally convicted of the rape and murder of Jacqueline.
He was sentenced on 13 January 2023 to life imprisonment with a minimum term of 25 years.
Max Hill KC, Director of Public Prosecutions, talks about the McGrory double jeopardy case
DPP Max Hill KC said: “Dennis McGrory selfishly and brutally ended Jacqueline Montgomery’s life.
"The further evidence collected by the police, and used by the prosecution at trial, made the jury certain that he committed these crimes. He now faces the prospect of ending his life behind bars.
“I could not be more proud of the work of prosecutors who have worked so diligently to use all of our investigative and legal powers to finally achieve justice in this case and I also praise our partners in the Metropolitan Police.
"I know all of our thoughts will be with those who still mourn Jacqueline’s death."
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