Former public schoolboy has murder conviction sent to Court of Appeal

A former public schoolboy jailed for life for killing a man at a London prison has had his case referred to the Court of Appeal.

Rupert Ross, 44, was convicted of turning up at the jail, dressed smartly to look like a lawyer with his face hidden by a crash helmet.He was said to have known that Darcy Austin-Bruce was visiting a friend. Ross was found by a just to have shot his victim five times before escaping on a scooter.

The gunman and his accomplice, Leon De St Aubin, a fireman,were convicted of murder in 2011 and sentenced at the Old Bailey to a minimum of 30 years. The Criminal Cases Review Commission said on Thursday that it has referred both convictions to the Court of Appeal because the failure to hold an identification parade "caused significant prejudice to the fairness of their trial".

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A review has found that there is a "real possibility the Court of Appeal will quash the convictions", the CCRC said in a statement. Ross, from a family of academics and lawyers, was educated at Dulwich College public school.

He got involved in drugs as a teenager and had convictions for theft, burglary and drug offences. In a diary found by the police, he wrote: "I still want the gangster life and end up dealing again. My dealing was making good money and I was living a fast life. Life was very hectic. Lots of wars over drugs and money one or two shoot-outs."

Ross, from Fulham, South West London, and De St Aubin, 48, from Chelsea, had previously been good friends with Mr Austin-Bruce, 20, but they had fallen out over drugs. Days before the killing, the victim had shot at their car so they decided to take him out. The victim was shot dead outside Wandsworth prison in south west London in May 2009.

A bulletproof vest, covered in gunshot residue matching that of the bullets used to kill Mr Austin-Bruce, was found in the Fulham home of Ross's mother, Diana Lank, the Old Bailey heard.

Stuart Trimmer QC, for Ross, told the court that drugs took a "grip" on him as a youngster and had blighted his life ever since. He said: "He had the advantage of a good education and it was at that point drugs took its grip. He had a loving mother who spent time and resources to ensure that he did well.

"He has been brought to where he is now as a result of the grip of Class A drugs. It's a depressing tale the court is faced with time and time again."

The CCRC said on Thursday: "In the circumstances of this case, it was a mandatory requirement under Code D of the Police and Criminal Evidence Act 1984 for the police to hold an identification procedure. No such procedure was held.

"In view of the breach of Code D, which deprived the defendants of an important safeguard, a direction should have been given by the trial judge to explain to the jury that there had been a breach of the Code and how this may affect their consideration of evidence. No such direction was given.

"There is a real possibility the Court of Appeal will find that these irregularities caused significant prejudice to the fairness of Mr Ross and Mr de St Aubin’s trial, such that their convictions are unsafe."