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The Final Verdict

Australia's Last Execution and the Lingering Doubts: An academic exploration into the case of Ronald Ryan, the legal complexities, and the enduring debate surrounding capital punishment in Australia.

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Overview

Australia's Last Execution

Ronald Joseph Ryan (born 21 February 1925, died 3 February 1967) holds a significant, albeit somber, place in Australian legal history as the last individual to be legally executed in the nation. His case became a focal point for the burgeoning anti-capital punishment movement, ultimately contributing to the abolition of the death penalty across all Australian states by 1985.

The Pentridge Escape

Ryan's conviction stemmed from the shooting death of warder George Hodson during a daring escape from Pentridge Prison in Victoria in 1965. This event, and the subsequent trial and appeals, captivated public attention and ignited fierce debate over the justice system and the morality of state-sanctioned killing.

Public Outcry

The decision to proceed with Ryan's hanging was met with widespread public protests. Opponents of capital punishment rallied, demonstrating against what they viewed as a barbaric practice. This societal reaction underscored a growing shift in public sentiment regarding the death penalty, making Ryan's execution a pivotal moment in Australia's social and legal evolution.

Biography

Early Life and Family

Born Ronald Edmond Thompson in Carlton, Victoria, in 1925, Ryan's early life was marked by familial instability. His mother, Cecilia Thompson, married John Ronald Ryan in 1929, after which Ronald adopted the surname Ryan. He was confirmed in the Roman Catholic Church, taking Joseph as his confirmation name, and subsequently used "Ronald Joseph Ryan." His three sisters were declared wards of the state due to neglect, highlighting a challenging upbringing.

At the age of 14, Ryan absconded from Rupertswood, working in New South Wales cutting sleepers and shooting kangaroos, sending money back to his ailing, alcoholic mother. By 20, he had saved enough to rent a house in Balranald, bringing his mother and sisters to live with him. His father passed away a year later from phthisis tuberculosis.

Marriage and New Beginnings

Around 22, Ryan moved to Tatura, Victoria, to join his brother in tomato farming. During weekend visits to Melbourne, he met Dorothy Janet George, the daughter of the mayor of Hawthorn. They married on 4 February 1950, at St Stephen's Anglican Church in Richmond, with Ryan converting from Roman Catholicism to the Church of England for the marriage. He later reverted to Catholicism shortly before his execution. The couple had three daughters: Janice, Wendy, and Rhonda, with a fourth child stillborn.

Descent into Crime

Ryan's initial brushes with the law began in the early 1950s. After working in various trades, including timber cutting and painting, he faced charges of arson in 1953, though he was acquitted. Subsequent appearances in court for passing bad cheques in Dandenong (1956) and forged cheques in Warrnambool resulted in good-behaviour bonds, with a detective even providing a favorable character reference.

His first prison sentence was at Bendigo Prison, where he was considered a model prisoner, even studying for his Matriculation. Released on parole in August 1963, Ryan soon returned to crime, engaging in a series of butcher shop robberies involving explosives to open safes. He was caught in January 1964, bailed, and fled to New South Wales, where he admitted to nine more robberies. Recaptured in Victoria, he received an eight-year sentence for breaking and entering on 13 November 1964, leading to his incarceration at Pentridge Prison.

Escape

The Pentridge Breakout

While serving his sentence in Pentridge Prison's B Division, Ronald Ryan befriended fellow inmate Peter John Walker. Upon learning his wife was seeking a divorce, Ryan devised an escape plan, intending to flee with his family to Brazil, a country without an extradition treaty with Australia. On 19 December 1965, Ryan and Walker initiated their audacious escape.

The pair scaled the prison wall and reached a watchtower, where they took prison officer Helmut Lange hostage, threatening him with his own M1 rifle to open the gate. Lange, however, deliberately pulled the wrong lever. After a confrontation with warder Fred Brown, Ryan forced Lange back upstairs to activate the correct mechanism, allowing them to exit into the prison car park. Their dismay at finding most cars disabled was short-lived as they encountered prison chaplain Brigadier James Hewitt, whom they seized as a shield. Ryan, in a moment of frustration, rifle-butted Hewitt, causing serious injuries, when the chaplain stated he did not have his car.

The Fatal Shot

As Ryan and Walker separated, with Ryan heading towards Champ Street and Walker towards a nearby church, prison officer Bennett in Tower 2 aimed his rifle at Walker. The prison alarm blared, drawing unarmed warders Wallis, Mitchinson, and Paterson into the street. Prison officer George Hodson responded, disarming Walker, but Walker broke free and ran towards the armed Ryan amidst the chaos of the busy intersection.

In a critical sequence of events, Ryan, after a struggle with warder Mitchinson over a commandeered car, exited the vehicle. Observing Walker being pursued by Hodson, who was reportedly holding a pipe, and hearing Walker's frantic shouts about Bennett's aimed rifle, Ryan allegedly took a few steps, raised his rifle, aimed at Hodson, and fired. Hodson fell, struck by a single bullet that entered his right chest and exited his back, dying in the middle of Sydney Road. Ryan and Walker then commandeered another vehicle and fled the scene.

Fugitive

On the Run

Following the fatal shooting of Warder Hodson, Ryan and Walker successfully evaded immediate capture, changing cars multiple times and seeking refuge in a safe house in Kensington provided by Norman Harold Murray. They later moved to Christine Aitken's flat in Elwood. The prison escape and the death of a warder dominated Australian newspapers, with initial reports inaccurately claiming Ryan had shot Hodson three times, fueling widespread public anxiety.

Further Criminality

Their time as fugitives was marked by continued criminal activity. On 24 December, Ryan, armed with the warder's rifle, and Walker robbed an ANZ bank in Ormond, herding 13 people into the strongroom and stealing Aยฃ4500. A witness recounted Ryan's chilling declaration: "This gun shot a man a few days ago!" The Victorian Government responded by announcing a ยฃ6,000 reward for their capture, with Attorney General Arthur Rylah issuing a stark warning that the "Hanging Act was still in force."

A Second Death

The Christmas Eve period brought another tragic event. During a party at Aitken's flat, Walker and Arthur Henderson (Aitken's boyfriend) left to find more alcohol. Walker returned alone, having killed Henderson with a gunshot to the back of the head in a Middle Park toilet block. Following this, Ryan and Walker abandoned the flat and returned to Kensington. Aitken and another woman were initially charged with harbouring the criminals, though these charges were later dropped. On 1 January 1966, the escapees, now in a car with Queensland plates procured by Murray, departed for Sydney.

Recapture

The Sydney Trap

Upon their arrival in Sydney, Ryan attempted to contact an old acquaintance. Unbeknownst to him, the woman's daughter recognized Ryan and promptly alerted the police. Acting on this crucial tip-off, Detective Inspector Ray "Gunner" Kelly orchestrated a meticulously planned trap involving a heavily armed contingent of 50 police officers and detectives at the Concord Repatriation Hospital.

Capture and Confiscation

On the evening of 6 January, as Ryan approached a deliberately disabled public telephone box and then a nearby shop (where the owner had been instructed to deny phone access), he was ambushed. Six detectives tackled him as he exited the shop, causing him to drop a loaded .32 revolver. Simultaneously, Detective Sergeant Fred Krahe apprehended Walker by thrusting a shotgun through the car window and holding it to his head, securing his capture without resistance. After 19 days on the run, both men were in custody.

A subsequent search of their vehicle's boot revealed a significant arsenal: three pistols, a shotgun, and two rifles, all fully loaded, along with an axe, a jemmy, two coils of rope, a hacksaw, and two boiler suits, indicating their preparedness for continued evasion and criminal activity.

Trial

The Queen v. Ryan and Walker

Ryan and Walker were extradited back to Melbourne and jointly tried for the murder of George Hodson. The trial, *The Queen v. Ryan and Walker*, commenced on 15 March 1966, in the Supreme Court of Victoria. The initial day was dedicated to jury selection, with both Ryan and Walker exercising their legal right to object to numerous candidates.

Crown's Case: Eyewitnesses & Alleged Confessions

The prosecution's case notably lacked scientific forensic evidence; Ryan's rifle was never ballistically tested, and the fatal bullet and spent cartridge casing were never recovered. Consequently, the Crown relied heavily on eyewitness testimony from individuals near Pentridge Prison during the shooting. These accounts, however, presented significant variations regarding Ryan's exact position and actions when the single shot was heard.

While eleven eyewitnesses claimed to see Ryan waving and aiming his rifle, only four explicitly testified to seeing him fire a shot, with two observing smoke and two noting the rifle's recoil. Pauline Jeziorski, a witness, also reported smelling gunpowder. Conflicting testimony emerged regarding Hodson's actions; prison officers stated he carried nothing, while two other witnesses claimed he carried an "iron-bar or baton."

A critical aspect of the Crown's case involved alleged unrecorded and unsigned verbal confessions from Ryan. Detective Sergeant KP "Bill" Walters claimed Ryan stated Hodson "caused his own death" and that he "didn't want to shoot him." Detective Senior Constable Harry Morrison reported Ryan saying, "The warder spoilt the whole show... It was either him or Pete." Furthermore, bank officers Robert Sipthorpe and George Robertson testified that Ryan declared, "This is the gun that shot a man the other day!" during a robbery. John Fisher, a petty criminal, also claimed Ryan confessed to him.

Defence's Case: Discrepancies & Doubt

The defence faced the challenge of Victoria's Gaols Act of 1958, which stipulated that a killing during a violent felony, such as an escape, constituted murder, even without intent. Defence counsel Philip Opas argued extensively about when the "escape felony" legally concluded, questioning if it ended upon leaving prison property or continued until recapture.

Opas highlighted numerous substantial discrepancies in the Crown's eyewitness accounts, arguing their contradictory nature rendered them unreliable. He dramatically presented a human skeleton to illustrate the trajectory of the fatal bullet, with a Monash University mathematics professor, Terry Speed, testifying that Ryan, at 5 feet 8 inches, would have needed to be 8 feet 3 inches tall to fire the shot at Hodson (6 feet 1 inch) if Hodson was standing upright and 20 feet away, given the bullet's downward trajectory. This suggested the shot could have come from an elevated position, possibly from another prison officer. The prosecution countered that Hodson might have been running in a stooped position, though no witnesses corroborated this.

Opas also challenged Warder Robert Paterson's conflicting statements regarding hearing a shot and who was in the line of fire. Ryan himself testified, denying firing a shot, denying all alleged verbal confessions, and asserting that his only objective was freedom, taking the rifle solely to prevent it from being used against him. He maintained that if the fatal bullet had been recovered, forensic analysis would have proven it was not fired from his rifle. The defence also pointed out that a faulty operation of the M1 carbine (cocking with the safety on) could eject a live round, potentially accounting for a missing bullet and suggesting another source for the fatal shot.

Verdict and Sentence

After a twelve-day trial, Ronald Ryan was convicted of the murder of George Hodson. Justice John Starke delivered the mandatory sentence at the time: death. When asked if he had anything to say, Ryan firmly stated, "I still maintain my innocence. I will consult with my counsel with a view to appeal. That is all I have to say!" Peter John Walker, his accomplice, was found not guilty of murder but guilty of manslaughter for Hodson's death, receiving a 12-year sentence. He also received a concurrent 12-year sentence for the manslaughter of Arthur Henderson. Walker was paroled in 1984 and passed away in 2022.

Appeals

Post-Trial Legal Battles

Following the verdict, Philip Opas immediately moved to appeal the murder conviction to the Victorian Court of Criminal Appeal. The core of his argument was that the verdict was against the weight of the evidence, citing inherent inconsistencies and improbabilities in the testimony presented. A significant legal debate centered on the interpretation of the Crimes Act 1958, specifically when the "escape felony" was considered complete, as this had direct implications for the murder charge.

Justice Starke had instructed the jury that a killing during a violent felony, or in furtherance of its purpose, constituted murder even without intent. The appeal sought to challenge this interpretation and the factual basis of the conviction. However, the appeal was dismissed on 8 June 1966. Further legal recourse was sought, but on 14 October 1966, the Full Bench of the High Court of Australia also rejected appeals by both Ryan and Walker.

The Privy Council & Political Will

Despite legal avenues being exhausted within Australia, Ryan's defence aimed for an appeal to the Judicial Committee of the Privy Council in London, then the highest court of appeal for Commonwealth countries. However, the Bolte Government controversially cut legal aid to Ryan, attempting to prevent this final appeal. Philip Opas, convinced of Ryan's innocence, defied Bar Council ethics rulings to work pro bono, securing a solicitor and junior counsel for the London appeal.

On 12 December 1966, Premier Bolte's State Executive Council announced Ryan's execution for 9 January 1967. A temporary stay was granted on 4 January 1967, allowing the Privy Council approach. Opas flew to London, but on 23 January 1967, the Judicial Committee refused leave for appeal. The State Executive Council then rescheduled Ryan's execution for 31 January. A last-minute stay was ordered by Justice Starke on 30 January, based on an affidavit from a former prisoner, John Tolmie, who claimed to have seen another warder fire a shot. Tolmie was subsequently charged with perjury, and Bolte rescheduled the execution for 3 February 1967.

Public and Jury Intervention

The State Government of Victoria had commuted every death sentence since 1951, leading many, including the jury, to believe Ryan's sentence would also be commuted. Juryman Tom Gildea later revealed that not a single juror believed Ryan would actually be executed, and seven of them signed petitions requesting commutation to life imprisonment, stating they would have opted for manslaughter had they known the death penalty would be carried out.

As Bolte's determination to proceed became clear, a massive public outcry ensued. Newspapers like *The Age*, *The Herald*, and *The Sun* launched anti-hanging campaigns, arguing the death penalty was barbaric. Churches, universities, unions, and a significant portion of the public and legal profession joined the opposition. An estimated 18,000 people participated in street protests, and 15,000 signed a petition. The Australian Broadcasting Commission (ABC) even observed a two-minute silence in protest. Despite these pleas, Premier Bolte denied all requests for mercy, and final attempts by Opas and others to present new evidence or secure clemency were rejected, often with government offices made inaccessible until after the scheduled execution time.

Execution

Final Hours

On the night before his execution, Ronald Ryan was moved to a cell mere steps from the gallows trapdoor within Pentridge Prison's 'D' Division. Father Brosnan remained with him for much of this time. In his final hours, Ryan penned several handwritten letters on toilet paper to his family, his defence counsel, the Anti-Hanging Committee, and Father Brosnan. In these letters, he emphatically declared, "I state most emphatically that I am not guilty of murder." To his daughters, he wrote, "With regard to my guilt I say only that I am innocent of intent and have a clear conscience in the matter."

The Last Moments

Ryan refused any sedatives but accepted a small amount of whisky. He walked calmly onto the gallows trapdoor. His final words, addressed to the hangman, were: "God bless you, please make it quick." Ronald Ryan was hanged at 8:00 am on Friday, 3 February 1967, marking the last legal execution in Australia.

Aftermath and Burial

At the precise moment of Ryan's execution, his supporters observed a nationwide three-minute silence. Inside Pentridge Prison, his fellow inmates staged their own silent protest, refusing to leave their beds, engage in work, or obey orders, creating an "eerie silence" throughout the facility. Ryan's body was subsequently buried in an unmarked grave within the 'D' Division prison grounds.

Forty years later, in 2007, Victorian Premier John Brumby granted permission for Ryan's family to have his body exhumed from Pentridge Prison. This decision followed an incident where Hodson's daughter reportedly jumped and danced on Ryan's grave. Ryan's remains were cremated and reinterred next to his deceased ex-wife in Portland Cemetery.

Debate

Character and Contradictions

Ronald Ryan was described as a slightly built man, 5 feet 8 inches tall, with a permanent droop in his left eyelid from a childhood injury. He cultivated an image of sophistication, favoring expensive clothing and aspiring to be a prominent criminal. Possessing above-average intelligence, he was seen by many as likable but also a compulsive gambler. Detective Harding, one of the arresting officers, characterized him as "tough, plausible and particularly difficult to question," revealing little until cornered.

Conflicting Accounts

Years after the execution, new claims and conflicting statements emerged, reigniting the debate over Ryan's guilt. In 1986, former warder Doug Pascoe publicly claimed he had fired a shot during the escape, suggesting he might have accidentally killed Hodson. This claim was dismissed by police due to his rifle's full magazine and his distance from the shooting. Other warders offered contradictory accounts of Pascoe's location and the duty roster for that day.

Retired prison governor Ian Grindlay stated that Ryan had told him "straight out" that he shot Hodson but did not intend to kill him. Sister Margaret Kingston of the Good Shepherd Convent also reported a similar admission from Ryan. Conversely, in 1992, witness Les Watt, who had testified at the trial, broke a 25-year silence to affirm in *The Australian* that he saw Ryan aim, fire, and Hodson fall, observing a "slight puff of smoke" from the rifle. Watt criticized Philip Opas for allegedly distorting facts.

The Case for Innocence

Despite the conviction, a persistent "case for innocence" has been argued by various individuals. Criminologist Gordon Hawkins, in the documentary *Beyond Reasonable Doubt*, questioned the validity of Ryan's alleged unsigned verbal confessions, noting that such evidence would be inadmissible in modern Australian courts due to police corruption revelations. He found it improbable that a seasoned criminal like Ryan would confess verbally without signing documentation.

In 1993, former Pentridge prisoner Harold Sheehan claimed he witnessed the shooting and saw Ryan on his knees, which, given the downward trajectory of the fatal bullet, would make it impossible for Ryan to have inflicted the wound. The fact that the fatal bullet and spent cartridge were never found, combined with the possibility that a live round could have been accidentally ejected from Ryan's rifle (a faulty operation conceded by prison staff and ballistic experts), further fueled doubts. If the eighth round was accounted for this way, it would imply the fatal shot came from another source.

Philip Opas QC, Ryan's defence counsel, maintained Ryan's innocence until his death in 2008, denying any confession from Ryan and stating Ryan's last words to him were, "I don't want to go this way for something I didn't do." Father John Brosnan, who was with Ryan before his execution, expressed uncertainty about whose bullet killed Hodson. Barry Jones, a prominent politician and former secretary of the Victorian Anti-Hanging Committee, also voiced "reasonable doubt" about Ryan's guilt, suggesting the execution was driven by Premier Bolte's "law and order agenda." Even Justice Starke, the trial judge, remained troubled by the hanging until his death, despite being convinced of Ryan's guilt.

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References

References

  1.  "Ryan, Ronald Joseph (1925รขย€ย“1967)", Mike Richards, Australian Dictionary of Biography
  2.  Grindlay, Ian, Behind Bars: Memoirs of Jail Governor, Ian Grindlay, Southdown Press, Melbourne
  3.  Trial transcript R v Ryan & Walker 15รขย€ย“30 March 66, quoted by Richards, The Hanged Man at p. 199
  4.  Trial transcript R v Ryan & Walker 15รขย€ย“30 March 66, p555, quoted by Richards, The Hanged Man, p. 203.
  5.  "The Innocence of Ronald Ryan" by P. Opas Victorian Bar News Spring 2002, pp. 13รขย€ย“15
  6.  "Eyewitness breaks 25 year silence, Ryan killed warder with rifle", The Australian, 4 February 1992
  7.  Burnside, Julian (11 March 2002). The Ryan legacy The Age
  8.  "Australian Coalition Against Death Penalty". acadp.com. p. 3. Retrieved 3 February 2014.
A full list of references for this article are available at the Ronald Ryan Wikipedia page

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