A paranoid schizophrenic who killed three elderly men but was cleared of murder by reason of insanity has taken legal action after trial jurors raised concern about “failings in care”, appeal judges have been told.
Former scaffolder Alexander Lewis-Ranwell, 32, from Croyde, Devon, was acquitted of murder after a trial at Exeter Crown Court in November 2019.
Jurors heard how he had battered Anthony Payne, 80, with a hammer, and bludgeoned 84-year-old twins Dick and Roger Carter with a shovel, in Exeter, Devon, in February 2019.
Lewis-Ranwell, who is detained in a specialist hospital, has sued G4S Health Services (UK), Devon & Cornwall Police, Devon Partnership NHS Trust and Devon County Council, alleging that all four were “negligent” in their treatment of him.
All four organisations dispute his claim, and three appeal judges are considering the latest stage of the litigation at a Court of Appeal hearing in London.
G4S, the trust and the council had asked a High Court judge to strike out “common law” claims made against them but Mr Justice Garnham had refused their applications.
Lawyers representing those three organisations are challenging Mr Justice Garnham’s decision at the appeal hearing.
A barrister leading Lewis-Ranwell’s legal team on Tuesday told appeal judges Dame Victoria Sharp, Lord Justice Underhill, and Lady Justice Andrews that jurors had raised concern at the end of the Exeter Crown Court trial.
Selena Plowden KC explained, in a written case outline, how jurors had given a note to trial judge Mrs Justice May referring to “failings in care”.
“The judge read the note in open court, which stated: ‘We the jury have been concerned about the state of psychiatric provision in our county of Devon.
“‘Can we be assured that the failings in care for ALR (Lewis-Ranwell) will be appropriately addressed following this trial?’” said Ms Plowden.
“The claimant brought claims against the defendants concerning those failings.”
Ms Plowden said claims involved allegations of “inadequate provision” of mental health services in police custody between February 8 and 10 2019.
She told appeal judges: “As a consequence of the alleged systematic and individual failings, the claimant was not assessed under the Mental Health Act and, despite warnings that he posed a risk to the safety of others, he was released from custody (twice) and, within hours, went on to kill three innocent men while acting under delusions.”
Barrister Andrew Warnock KC, who is leading the council’s legal team, told appeal judges that Lewis-Ranwell alleged that all four organisations were liable to compensate him for the “consequences of the killing” on the grounds that they had been “negligent in their treatment of him”.
He said, in a written argument, that the litigation raised an issue of “wider public importance” and added: “It raises an important question of whether those who have killed others but are not guilty by reason of insanity may sue mental health authorities for the consequences of the killings by reason of deficiencies in the care they received.”
Lord Justice Underhill suggested that Lewis-Ranwell’s compensation claim could continue, under human rights legislation, even if the appeal was successful.
Lawyers said, outside court, that the human rights aspect of the claim could continue even if the common law claims were blocked.
The appeal hearing is due to end on Wednesday.
Mrs Justice May had made a hospital order after the Exeter Crown Court trial.
She said Lewis-Ranwell would be cared for in hospital with a “restriction order” and would not be “allowed into the community” until “the agencies” were “absolutely content” that it was “safe for him to be released”.
Lawyers told appeal judges that Lewis-Ranwell had been ordered to be detained at Broadmoor Hospital, in Crowthorne, Berkshire, under the terms of mental health legislation.
