Remains of man who died more than 25 years ago will be dug up to see if he’s guilty of son’s rapes

A judge has given rare consent for the remains of a man who died more than 25 years ago to be exhumed for DNA tests that could prove he was responsible for rapes for which his son is serving a 23-year jail sentence.

Thomas Edward McKenna died of a heart attack aged 62 in April 1993 and is buried at St John’s cemetery in Elswick, Newcastle.

Last March his son, Eric McKenna, 58, was jailed at Newcastle Crown Court for 23 years after being convicted of the rape of two women in 1983 and 1988. One of these women was Wendy Forrester, who bravely waived her anonymity. 

But now the late Thomas McKenna’s daughter, Eileen Hutton, has come forward and said she believes the rapes could have been carried out by her father, not her brother.

As a result, Eric McKenna’s wife, Moira, sought permission from the Church of England’s Consistory Court, which has to give consent for exhumation from consecrated ground, to have her late father-in-law’s remains unearthed.

She hopes DNA samples could prove the innocence of her husband and the guilt of his father, who had a history of violence towards women. Northumbria Police told MailOnline the investigation could be reopened if the DNA is a match. 

McKenna, 58, (left) was jailed at Newcastle Crown Court for 23 years after being convicted of the rape of two women in 1983 and 1988, including Wendy Forrester, who bravely waived her anonymity (right). Images undated

Eric was originally caught 30 years after his crimes after police took swabs of his neighbour’s plant pot that he had urinated in. His DNA samples matched with those from the two rapes – with police saying there was a ‘billion to one’ chance of it not being McKenna or a close relative. 

In the majority of cases the Consistory Court refuses consent for exhumation on the basis of Church philosophy that a last resting place should be preserved.

But, after being told that DNA evidence was a key issue in the case against Eric McKenna, Euan Duff, Chancellor of the Diocese of the Diocese of Newcastle, in his role as a Consistory Court judge, has given rare consent for the exhumation.

The judge said that after the blaze of publicity that followed Eric McKenna’s trial and conviction, his sister – who had lost touch with him – contacted his wife, Moira.

He continued: ‘Mrs Hutton contacted the petitioner [Moira McKenna] and informed her that she did not believe that her brother had committed the offences of which he had been convicted but that her father might well have been the perpetrator.

‘She alleged that he was a violent person, particularly towards women and had served terms of imprisonment.’

His father, Thomas Edward McKenna, died of a heart attack aged 62 in April 1993 and is buried at St John’s cemetery in Elswick, Newcastle (seen in a file photo)

The judge said Mrs McKenna claimed her husband was convicted ‘solely on the basis of DNA evidence and that other aspects of the evidence had pointed away from his being the perpetrator of the offences’.

He said that after examining evidence used at McKenna’s trial he considered ‘the entire case against Mr McKenna relied upon the DNA evidence against him.’

And while he stressed that his decision to give consent for exhumation was in no way to be taken as support for the contention that McKenna was wrongly convicted or that his father might have been the rapist he said: ‘I consider that if there is even a slight, but real, possibility that there has been a serious miscarriage of justice then it is wholly proper that everything be done to ensure that that is not the case.

‘If, as may well be the case, ultimate DNA analysis establishes that the deceased could not possibly have been the perpetrator then that will put an end to any untoward allegation that he might have been guilty of the offences.

‘I am entirely satisfied that these circumstances are sufficiently compelling to justify exhumation.’