Stone trial main witness admits he is habitual liar

Published on Wed 19 Sep 2001 22.02 EDT

Damien Daley, a former prisoner, who said that Stone confessed to the killings in which the family were attacked with a hammer, told a Nottingham crown court jury that he had lied in the first trial in the case but not in relation to the detail of what the alleged killer had told him. He said that Stone had talked of "smashing eggs" and "the inside being mush".

Admitting that he was a "crook", Daley said: "I like to get by in life. I am a crook, that's what crooks do: they beg, borrow and steal to get by in life. But if you were to say to me now are you lying, I would say no, I'm not lying."

Daley, who explained that his previous crimes included "violence, robberies, thefts and burglaries", said he was "told a horror story" that was "a bit more twisted" when he realised it was real.

The jury has already been told by the prosecution that the case rests on the evidence of Daley, who said the confession took place on July 23.

They heard that Daley, who tried to bite off a fellow prisoner's nose, was in cell three and Stone in cell two of the segregation unit of Canterbury prison when Stone allegedly confessed by speaking through a heating pipe.

Stone has denied that he murdered Lin Russell, 45, and her daughter Megan, six, and left her other daughter Josie, then nine, for dead as they walked home from school through a cornfield in Kent on July 9 1996.

The court heard that Daley did not realise the significance of what he was hearing until he read a story in the Daily Mirror that talked about the bravery of Josie who suffered severe brain injuries and impairment after the attack.

Daley said: "He began to talk about tying people up with towels. I couldn't make out whether he said shoelace or shortlace. I just lay on my bed and listened to what he was saying.

"He talked about wet towels and someone being disobedient or something, trying to get away but then didn't get far and then it carried on. Something about they didn't have what they wanted. They were paupers or something. He said the dog made more noise than they did.

"He talked about making someone watch or something like that. He closed their eyes and he hit them. And then he was talking about swimming costumes and how he became aroused."

Daley denied defence lawyers' claims that he had framed Stone. William Clegg QC said that Daley had made up a story using words such as "pauper" which he had read in that day's Daily Mirror.

Mr Clegg pointed out that Daley had just told the jury that he read a story about Josie receiving a bravery award. The QC said: "It doesn't say anything about an award, it says something about her being brave."

Daley admitted that in the previous case he denied using heroin and other drugs but in fact he had, saying "I have tried every drug". Asked why he lied to the previous jury, he said: "I didn't see my drug misadventures had any relevance to what I was doing at the time [giving evidence]... I wouldn't have deliberately lied at that trial."

Mr Clegg told Daley in court: "The dice so fell that he ended up in a cell next to you and you had a chance to frame him.

"It came to you on a plate. That's what you did, didn't you?" Daley denied the statements.

The case continues