On 15 March 1966, the case of
The Queen v. Ryan and Walker began in the
Supreme Court of Victoria. The first day was spent choosing the
jury. Ryan and Walker each exercised their legal right in objecting to twenty candidates.
Crown's case The Crown's case presented no scientific evidence. Ryan's rifle was never scientifically tested by ballistics experts to prove that it had fired a shot. The fatal bullet and the spent cartridge casing were never recovered so no
ballistic or
forensic evidence was available to prove that Ryan had fired the fatal shot. The Crown's case relied only on
eyewitnesses who were near Pentridge Prison when Hodson was shot and killed, because there was no scientific forensic evidence to prove Ryan fired a shot. Each eyewitness testified to a different account of what they saw and where Ryan was standing. Eleven eyewitnesses swore that they saw Ryan waving and aiming his rifle. There were variations, whether Ryan was standing, walking or
squatting at the time a single shot was heard and whether Ryan was to the left or right of Hodson. Only four eyewitnesses testified that they saw Ryan fire a shot. Two eyewitnesses testified that they saw smoke coming from Ryan's rifle. Two eyewitnesses testified that they saw Ryan's weapon
recoil. All of the prison officers who testified stated that they did not see Hodson carrying anything and that they did not see Hodson hit Walker. However, two witnesses, Louis Bailey and Keith Dobson, testified that they saw Hodson carrying something like an iron-bar or baton as he was chasing after Walker. Governor Grindlay testified that he did not see a bar near Hodson's body but that he found one after Hodson's body was loaded into an ambulance.
Verbal confessions The Crown also relied upon unrecorded unsigned testimony that Ryan had, allegedly, verbally confessed to shooting Hodson. Detective Sergeant
KP "Bill" Walterstold the court that on 6 January 1966, the day after his capture in Sydney, Ryan said In the heat of the moment you sometimes do an act without thinking. I think this is what happened with Hodson. He had no need to interfere. He was stupid. He was told to keep away. He grabbed Pete [Walker] and hit him with an iron bar. He caused his own death. I didn't want to shoot him. I could have shot a lot more. Detective Senior Constable Harry Morrison told the court that on 7 January 1966 during the flight taking Ryan to Melbourne, Ryan said: "The warder spoilt the whole show. If he had not poked his great head into it he would not have got shot. It was either him or Pete." The Crown also called the two bank officers from the bank that Ryan and Walker robbed. Robert Sipthorpe and George Robertson testified that Ryan said "This is the gun that shot a man the other day!" At trial, Ryan's defence lawyer
Philip Opas cross-examined the two witnesses asking if instead they heard "This is the type of gun that shot a man the other day." Both witnesses stuck to their story. The defence spent a lot of time arguing about when the time of the felony ended. Did it end when the prisoners had cleared the prison walls or when the prisoners were caught and returned to custody? The defence pointed to various substantial discrepancies in The Crown's case. While some eyewitnesses testified they saw Ryan to the east of Hodson when a single shot was heard, other eyewitnesses testified Ryan was to the west of Hodson. The discrepancies in evidence were substantial and wide-ranging. Opas contended that the fourteen eyewitnesses' evidence were so contradictory that little store could be placed on them. These calculations were based on Ryan being twenty feet from Hodson and Hodson was standing perfectly upright. The bullet would enter Hodson's body 62 inches from the ground and exit 61 inches from the ground. If the shot was in a downward angle the bullet would have hit the road forty feet from where Hodson was hit, it also suggested that Hodson could have been shot from another elevated point and possibly by another prison officer. It would cast doubt that Ryan had fired the fatal shot. But the prosecution argued that Hodson, tall could have been running in a stooped position, thus accounting for the bullet's fatal angle of entry. Despite extensive search by police, neither the fatal bullet nor the spent cartridge were ever found. Although all prison-authorised rifles were the same
M1 carbine type, scientific testing would have proven which rifle fired the fatal shot as a microscopic "unique marker" is left on a bullet as it travels through the barrel. Walker was found not guilty of murder, but guilty of
manslaughter and sentenced to 12 years imprisonment. He was also found guilty of manslaughter for the death of Arthur Henderson and received an 12-year sentence. Walker was paroled in 1984. He died on 5 March 2022, at the age of 80. ==After the trial==