A High Court judge has denied the family of murder victim Muriel McKay permission to conduct a radar scan of an east London garden where they believe her remains are buried more than 55 years after her death. Mr Justice Richard Smith ruled on Tuesday that the evidence supporting their claim was too thin and the proposed survey would not produce conclusive results.
The judge rejected the injunction bid by Ian McKay and Dianne Levinson, two of McKay's children, who sought to scan a shared back garden at two neighbouring properties on Bethnal Green Road. The family believes McKay's body is buried at the site following new information that came to light recently.
Mr Justice Richard Smith stated: «The claimants have not established that such relief is needed now, or why the usual pre-trial procedures should not be observed.» He added: «I was not persuaded that even if a survey was carried out, that it would be conclusive one way or the other, that it would produce incontrovertible data.»
The judge found: «The evidence of the presence of Muriel McKay's remains at the premises, such as it is presently, seems thin.»
Family conduct criticized
Mr Justice Richard Smith also refused the injunction based on what he called "egregious conduct" by the McKay family towards homeowner Madeleine Higson, who opposed the request. The judge cited «threats, deception, dishonesty, lies, bullying and harassment» directed at Higson.
He concluded: «It seems to me in their desperation to find an answer to what has happened to Muriel's body, the claimants and Mr Mark Dyer have lost a sense of perspective and also respect for the interests, concerns and safety of others who are perceived to stand in the way of their campaign.»
The court heard that the family made repeated attempts to access Higson's property through false representations. These included unsolicited visits from a man claiming he wanted photos for a "sentimental montage" for his grandfather, and a woman posing as a prospective property buyer seeking to conduct a drainage survey. A "solicitor or consultant" linked to the McKay family also visited without disclosing their position, stating they would visit "every day."
Callum Reid-Hutchings, barrister for Higson, described the situation as a «bombardment» of requests. He argued the survey would represent a «significant intrusion into her private space and her right to peaceful enjoyment of her home.»
The 1969 kidnapping case
Muriel McKay, 55, was kidnapped from her home in Wimbledon, south London, on December 29, 1969. She was the wealthy wife of newspaper executive Alick McKay and was taken for a £1 million ransom after being mistaken for Anna Murdoch, the then-wife of media mogul Rupert Murdoch.
Brothers Arthur and Nizamodeen Hosein were later arrested and found guilty of her murder in one of the first murder cases brought without a body. Arthur Hosein was sentenced to 25 years and Nizamodeen Hosein to 15 years. McKay's remains have never been found.
New information prompts legal bid
The injunction bid followed new information from Hayley Frais, whose father ran a tailor shop at the Bethnal Green Lane premises at the time of the killing, where Arthur Hosein was employed. Benjamin Wood, barrister for McKay and Levinson, said Frais claimed her father noticed a strong smell at the premises around the time of McKay's disappearance.
Police are not willing to excavate or survey the garden as it does not meet their "evidential threshold," but are "receptive to information" from any scan, the court heard.
Mark Dyer, McKay's grandson, told the news agency on Monday that the bid was «important to the whole family» and she would «like to come home for Christmas.»
Wood conveyed the family's «sincere apologies for the distress and inconvenience caused in relation to this deeply personal and sensitive matter.»
Note: This article was created with Artificial Intelligence (AI).
