The following areas of reasonable doubt have been collected from the evidence presented by both the prosecution and the defence at Graham’s 2007 retrial.
1. No damage to the neck’s hyoid bone
2. No bruising to the neck’s strap muscles
3. No ligature marks
4. No petichia
5. No bruising, abrasions and/or other injuries
6. No urination and/defacation
7. No blood spray
8. No torn and/or stretched clothing
9. No internal vaginal injuries
10. Failure by the prosecution to match the blood stain in support of their ‘attack’ hypothesis.
11. A long history of BCP activity over 14 years, with several different partners.
12. Three of these former partners gave evidence that: he frankly told them of his interest in BCP;
13. Engaged in BCP with each one of them;
14. Set out the ground rules;
15. Never did anything they did not consent to;
16. Always stopped if they ever requested him to do so;
17. And, never caused any injury.
18. One of these former partners also testified to his gentleness, that he was never aggressive, nolt a bully, and good with kids.
19. After 2 years of trying, a miscarriage, and fertility treatment, he was about to become a Father to twins;
20. He had started to ‘feather the nest’, having taken on a part-time job on top of his music work;
21. He and his partner had the 8 week scan, which showed their babies hearts beating, just a couple of days prior to Ms Longhurst’s death. Graham was really excited about the pregnancy and looking forward to becoming a Father for the first time.
22. Even his job as a musician, was what he wanted to do and where he wanted to be – life was good.
23. Previous involvement in BCP with a former partner.
24. Relationship difficulties with her partner at that time.
25. Dissatisfaction with her sex life – wanted someone more assertive.
26. She was attracted to Graham.
27. She telephoned Graham on the day she died.
28. Had started a previous relationship before the one she was in had ended.
29. There are at least two indicators that one might expect to see in cases of sexually motivated murder, as was alleged by the prosecution. Firstly, an increase in the use of pornography. In fact, Graham’s use had been decreasing for quite some time, and he had committed to completely stopping before the birth of his children.
30. Secondly, a history of criminal convictions, starting with petty offences and increasing in seriousness. Graham does not have this history, and was described in court as someone of ‘good character’.