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Full interview with Andrew Malkinson - wrongly imprisoned for 17 years | The News Agents — Transcript

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  1. 0:00We are joined in the studio now by
  2. 0:02Andy Malkinson. And if that name is
  3. 0:05sounding familiar to you, he was the man
  4. 0:07whose rape conviction was overturned and
  5. 0:12is getting used to the idea of freedom,
  6. 0:14if not yet normality. And we'll come to
  7. 0:17that in a minute. And we're also joined
  8. 0:19by James Burley. Now, he is the
  9. 0:21investigator from the charity Appeal,
  10. 0:24which has played such a pivotal role in
  11. 0:27unearthing new evidence that has led to
  12. 0:30the quashing of Andy's sentence. Andy,
  13. 0:33look, it's great to have you with us on
  14. 0:34the News Agents. Thank you very much for
  15. 0:36coming in to talk to us. And I know
  16. 0:38you've done an awful lot of this sort of
  17. 0:40stuff, but this will be the first, I
  18. 0:41think, lengthy interview that you've
  19. 0:44done.
  20. 0:44Yeah.
  21. 0:45Um I guess my first question is, are you
  22. 0:47getting used to the idea of freedom?
  23. 0:50Yes, very slowly. I mean, it's not been
  24. 0:52long now, but I am, yeah, getting used
  25. 0:54to it. I've I've dreamed about this,
  26. 0:56overturning it,
  27. 0:58so many times
  28. 1:00that
  29. 1:01uh and it's still early days, of course.
  30. 1:03It's only a week,
  31. 1:04less than 2 weeks since it was
  32. 1:06overturned.
  33. 1:07But yeah, it feels good.
  34. 1:09Andy, could you just just in case people
  35. 1:11listening aren't familiar with your
  36. 1:12case, could you just give a kind of
  37. 1:14brief potted history? I know it's a very
  38. 1:16complicated thing, but just a sort of
  39. 1:18outline of what happened and when.
  40. 1:20Right. I
  41. 1:23I was resident a permanent resident of
  42. 1:24the Netherlands since '93.
  43. 1:27I found myself in England in 2003
  44. 1:30after 10 years.
  45. 1:32citizen, though, right? Not
  46. 1:33I wasn't a citizen, no. But I was
  47. 1:35legally staying. I had all my
  48. 1:37verblijfsvergunning, and my my my
  49. 1:39residency permits. I had a tax file
  50. 1:42number. I still I think I don't know if
  51. 1:43it's still active, but um
  52. 1:45I was a permanent resident of the
  53. 1:47Netherlands, legal, everything, working.
  54. 1:50Uh
  55. 1:51and I found myself in the UK in 2003
  56. 1:55uh for a long complicated reasons, but
  57. 1:58um
  58. 1:58yeah, I was just picked up for for a for
  59. 2:01a
  60. 2:02violent horrific rape
  61. 2:05and questioned
  62. 2:06and at that point I thought
  63. 2:09this is really bad. This is terrible.
  64. 2:10They think I'm a suspect. But I was sure
  65. 2:13it would be quickly resolved
  66. 2:15and they'd realize I'm not the guy.
  67. 2:18And they never did?
  68. 2:19They never did.
  69. 2:20And in the court case it was purely
  70. 2:23dependent on identification.
  71. 2:26There was no Yeah, forensic evidence
  72. 2:29No.
  73. 2:29linking you
  74. 2:31to the scene.
  75. 2:32Absolutely none. There never was, of
  76. 2:34course. Um
  77. 2:35Uh
  78. 2:36but um it I I was convicted entirely on
  79. 2:39eyewitness testimony.
  80. 2:40Um and in fact, there was a lot of
  81. 2:43the the description given by the the
  82. 2:44victim
  83. 2:46um many many aspects of her description
  84. 2:49absolutely didn't fit me. So, I was
  85. 2:51astonished that I was even a suspect.
  86. 2:54It was it was strange.
  87. 2:56As the trial was was progressing, did
  88. 2:58you always assume that
  89. 3:01justice would prevail that you were
  90. 3:03going to
  91. 3:04not be convicted or could you sense
  92. 3:07during the trial that something was
  93. 3:08happening that you were not in control
  94. 3:10of?
  95. 3:11Yeah, both those things are true. I did
  96. 3:12hope fervently that
  97. 3:15that the truth would be unearthed and
  98. 3:17they would realize it was not me.
  99. 3:20At the same time
  100. 3:21as the trial progressed I got a very
  101. 3:25dark feeling about being fitted up. I I
  102. 3:29sensed being fitted up rather than knew
  103. 3:31it
  104. 3:32because at that point I didn't know how
  105. 3:33they were doing it. I didn't know why
  106. 3:35two
  107. 3:36I didn't know know why all three
  108. 3:37witnesses had identified me, but they
  109. 3:39did
  110. 3:40and I was very confused as as to why
  111. 3:43because I never went out and the during
  112. 3:45the few weeks I was staying there
  113. 3:47I never went out at night, ever.
  114. 3:49You You I was working all day. I was
  115. 3:51tired.
  116. 3:53I bought a few cans of beer, sat in
  117. 3:54front of the TV, and just fell asleep.
  118. 3:56That was it. I never ever went outside.
  119. 3:58So, these people saying they saw me out
  120. 3:59was a complete mystery. And and it felt
  121. 4:03I've said it before, like a car crash. I
  122. 4:04was going through the windscreen in slow
  123. 4:06motion. And how do you stop something as
  124. 4:08big as that?
  125. 4:09It must have felt completely
  126. 4:10overwhelming.
  127. 4:11It was. Yeah. Yeah.
  128. 4:14To have the sort of the state
  129. 4:16Yeah.
  130. 4:17basically slowly
  131. 4:19piling this case that you couldn't stop.
  132. 4:21That's absolutely right. It did. It was
  133. 4:23overwhelming. And I can't really
  134. 4:24articulate
  135. 4:26how overwhelming it was. It was just
  136. 4:28devastating. I couldn't believe It had
  137. 4:31this very surreal quality to it. So, why
  138. 4:33why me? Why am I being framed for this?
  139. 4:37And
  140. 4:38you used the word why was I being fitted
  141. 4:41up?
  142. 4:41Yeah.
  143. 4:42What does that mean?
  144. 4:44Well,
  145. 4:45like I said, the the description didn't
  146. 4:46fit me in any way except for I had dark
  147. 4:49skin. I always had dark skin.
  148. 4:51Everything else didn't fit me. So, what?
  149. 4:54You know, the scratch.
  150. 4:56The the victim said she clearly very
  151. 4:58clearly unambiguously scratched
  152. 5:01her assailant's face.
  153. 5:03You know, causing a scratch a deep She
  154. 5:05said, "I've caused a deep scratch from
  155. 5:06the upper jaw No, sorry, the cheekbone
  156. 5:09down to the jaw."
  157. 5:11And I was seen by many people. I was
  158. 5:13working in a shopping center.
  159. 5:16I was I was seen by so many people.
  160. 5:18Nobody
  161. 5:19saw me with any scratches because I I
  162. 5:21never had any.
  163. 5:22James, let me bring you in now because
  164. 5:24um
  165. 5:26aspects of this about the two
  166. 5:27eyewitnesses.
  167. 5:29I mean, there there was parts of their
  168. 5:30background that were not disclosed to
  169. 5:33the court, which is such stuff that you
  170. 5:36have since found out. Is that correct?
  171. 5:37Yeah, absolutely. So, these were two
  172. 5:39witnesses who were presented as being
  173. 5:41honest witnesses acting effectively out
  174. 5:43of a sense of civic duty. Um
  175. 5:46but through uh really
  176. 5:48uh
  177. 5:49dogged investigation, including taking
  178. 5:51the police to court, we actually
  179. 5:52discovered that there was a lot more to
  180. 5:53these people. Um so, they were a couple.
  181. 5:56Um
  182. 5:58There was The jury had no reason to
  183. 5:59doubt that these were anything other
  184. 6:00than respectable uh sort of upstanding
  185. 6:03citizens. In fact, they both had
  186. 6:05criminal histories uh including for
  187. 6:06dishonesty offenses. Uh the male witness
  188. 6:09uh was a a long-time heroin user. Uh and
  189. 6:12most remarkably,
  190. 6:14we managed to find out that he'd been
  191. 6:15arrested on the date that he came
  192. 6:17forward as a witness and also arrested
  193. 6:18on the date about 6 months later when he
  194. 6:21first identified Andy. And what was so
  195. 6:24remarkable about him was that um
  196. 6:27his purported sightings lasted a matter
  197. 6:29of seconds. They were made from a moving
  198. 6:30vehicle.
  199. 6:31And then 6 months on, he picks out Andy
  200. 6:33after being arrested, taken to court.
  201. 6:35And then uh he comes to to court uh in
  202. 6:38Andy's case and essentially gives
  203. 6:40evidence that he's completely certain
  204. 6:42he's made the correct identification.
  205. 6:44And the jury just had no idea about this
  206. 6:45information. Um
  207. 6:46So, the jury had no idea and the defense
  208. 6:48team had no idea.
  209. 6:49No, and the defense actually made an
  210. 6:51explicit disclosure request for the
  211. 6:53previous convictions of all civilian
  212. 6:55witnesses and yet these ones weren't
  213. 6:56disclosed.
  214. 6:56Andy, you were sighing deeply there.
  215. 6:59Yeah, because it's it's still sounds so
  216. 7:02implausible.
  217. 7:04And you know,
  218. 7:07how how could that even happen, you
  219. 7:09know, this this sequence of events?
  220. 7:12And then you're And
  221. 7:13And then you're in prison
  222. 7:15for a crime that you haven't committed.
  223. 7:17Yeah.
  224. 7:19And here is the sort of
  225. 7:21almost a Faustian deal
  226. 7:23Yeah.
  227. 7:24that you're confronted with, which is
  228. 7:26you can get out of prison early
  229. 7:29if you admit your guilt and go to
  230. 7:32classes with other sex offenders and
  231. 7:34whatever else.
  232. 7:35Or you can maintain your innocence,
  233. 7:37which you did, and you served an extra
  234. 7:4110 years of your life
  235. 7:43Yes.
  236. 7:43Locked behind bars.
  237. 7:44Yes. Yes, that's that's that's accurate.
  238. 7:46Describe what
  239. 7:48Uh well, it's not quite as simple as
  240. 7:50simply admitting um your guilty.
  241. 7:54Um it's more, you know, you can't sign a
  242. 7:56paper and say, "Okay, I did it." and
  243. 7:57then they'll they'll put you back on the
  244. 7:59streets. It's not like that. You have to
  245. 8:01undergo intensive uh
  246. 8:04uh sex offender treatments. Used to be
  247. 8:05called SOTP. They've simply renamed it
  248. 8:07now after
  249. 8:09after 2014, it was discovered that
  250. 8:11despite holding me to ransom about doing
  251. 8:13these courses,
  252. 8:15they're actually causing um an increase
  253. 8:18in the risk of reoffending.
  254. 8:21So,
  255. 8:22I was held on a a completely false
  256. 8:23premise there, past way past my tariff.
  257. 8:27And uh
  258. 8:28I thought about doing it. I I
  259. 8:30you know, but you're going to sit there
  260. 8:32and listen to horror stories. People
  261. 8:34have done terrible things.
  262. 8:36And that's damaging enough to have to
  263. 8:37sit there
  264. 8:39and be included in that subset and then
  265. 8:41asked to
  266. 8:43describe
  267. 8:44what you'd
  268. 8:45done when you don't find what you've
  269. 8:47done nothing.
  270. 8:48That was an impossible
  271. 8:50choice.
  272. 8:50Were you ever tempted to do it?
  273. 8:53No, I didn't even attempt, but I went
  274. 8:54through it painstakingly in my head. I
  275. 8:56said, "Well, what what if I just just
  276. 8:59bite the bullet and say I did it?"
  277. 9:01But then, you know, the
  278. 9:02the the whole the whole group will then
  279. 9:04pick you apart. What did you do wrong?
  280. 9:06What were you feeling at the time? And
  281. 9:07you just couldn't do it. You know,
  282. 9:09you're going to get like Listen, I
  283. 9:10didn't do it. I I didn't do it.
  284. 9:12And before we uh move on completely to
  285. 9:14the prison experience, were there other
  286. 9:16James, were there other problems with
  287. 9:19the prosecution case other than just the
  288. 9:21other than the the unreliable,
  289. 9:23incredible nature of the witnesses?
  290. 9:25Well, I mean, the fundamental thing was
  291. 9:27that uh there was non-disclosure. So,
  292. 9:29the jury and the defense weren't aware
  293. 9:31of a lot of these weaknesses, but yeah,
  294. 9:32I mean, there was a weakness anyway cuz
  295. 9:33the case was entirely dependent on
  296. 9:35identification evidence, which we know
  297. 9:37is a notorious source of uh wrongful
  298. 9:40convictions. And um
  299. 9:42prosecution also had this issue, which
  300. 9:44is that there was no forensic evidence
  301. 9:45against Andy. And the way they explained
  302. 9:47that away was by arguing a really
  303. 9:49unscientific uh sort of idea, but they
  304. 9:51argued that he was forensically aware
  305. 9:53and that he had somehow deliberately
  306. 9:55made sure he didn't leave any kind of
  307. 9:56trace. And when you know the details of
  308. 9:58the attack, you know that that's just
  309. 10:00such a nonsense idea.
  310. 10:01And so, Andy, you end up getting
  311. 10:03convicted. What was your initial
  312. 10:04sentence?
  313. 10:06Um discretionary life sentence with a
  314. 10:08tariff of 7 years from the time of
  315. 10:10arrest.
  316. 10:11And you spend that first night
  317. 10:14with that sentence in the prison cell
  318. 10:15knowing that you're facing down that
  319. 10:17sentence.
  320. 10:18After conviction, yeah. And sentencing,
  321. 10:20yeah. Yeah, it was a terrible terrible
  322. 10:22time.
  323. 10:23Terrible psychological burden thinking,
  324. 10:25you know,
  325. 10:27what's just happened to me, you know, uh
  326. 10:29why am I why am I looking at an
  327. 10:30indeterminate period behind bars? Maybe
  328. 10:33I'll die here. You know, that's a real
  329. 10:35fear.
  330. 10:36Dying in prison. And so, or even dying
  331. 10:38at your own hands.
  332. 10:40You know, giving giving up and dying at
  333. 10:42your own hands. Lots of people kill
  334. 10:43themselves in prison.
  335. 10:44Did you think about it?
  336. 10:45Yeah.
  337. 10:46Yeah. I thought about a lot of stuff.
  338. 10:49You know, how did I how did this happen?
  339. 10:51How did I end up here? You know, why why
  340. 10:52did the witness say they saw me? You
  341. 10:55know, I thought about suicide as well,
  342. 10:56yeah.
  343. 10:57And of course, it's a tough
  344. 10:59environment to be in at any time for any
  345. 11:03person.
  346. 11:03Yeah.
  347. 11:04But I guess if you're a sex offender and
  348. 11:07you have been convicted of rape,
  349. 11:09Yeah, it's the lowest of the low.
  350. 11:11So, what how were you treated?
  351. 11:12I was treated terribly, abominably. The
  352. 11:15the the the the prison officers, the
  353. 11:18screws we call them,
  354. 11:20they make every
  355. 11:22waking moments of your life in prison as
  356. 11:24miserable as they pos- possibly can. You
  357. 11:27know, there's all kinds of ways they can
  358. 11:28and do do that.
  359. 11:30Like what?
  360. 11:30Uh you know, um
  361. 11:34A guy was at guys for example. There was
  362. 11:36one guy they try to intimidate you all
  363. 11:38the time. Try to push your buttons to
  364. 11:39make you kick off and it works on a lot
  365. 11:41of people cuz there's a lot of volatile
  366. 11:42people there.
  367. 11:43But it never worked with me, but it
  368. 11:45comes at a psychological cost. You
  369. 11:47they they demean you. They're
  370. 11:49intimidating you. You want to shout out
  371. 11:51and say something, but you just
  372. 11:53hold your tongue
  373. 11:55and take on awful lot of crap.
  374. 11:57Um you know, um
  375. 11:59For example,
  376. 12:01HMP Franklin I tried to get some new
  377. 12:03trainers. You can only get them from
  378. 12:05approved suppliers. I think it's M&M's.
  379. 12:08I applied over and over and over again.
  380. 12:10The original applications go missing.
  381. 12:13It's it's a tactic they use on everybody
  382. 12:14who's refusing to do the courses. It's
  383. 12:16to grind you down.
  384. 12:18They they don't so easily, you know,
  385. 12:20take you down the seg and give you a
  386. 12:22kicking although it still happens.
  387. 12:24They they they go psychological warfare
  388. 12:26on you. And it's terrible.
  389. 12:29It's awful.
  390. 12:30Were you subject to any violence from
  391. 12:31anyone while you were there? Presumably
  392. 12:32or
  393. 12:33Not subject to, but there's a constant
  394. 12:35threat of it, you know. People
  395. 12:37fronting up to you, challenging you and
  396. 12:40you don't want to come across as too
  397. 12:42much of a sap and go go please leave me
  398. 12:44alone,
  399. 12:45but you kind of
  400. 12:49I hold my tongue a lot, you know, and
  401. 12:51just just look at them look look look at
  402. 12:53them straight back and hope they don't
  403. 12:56smack me
  404. 12:57or stab me
  405. 12:59or burn me.
  406. 13:00Were you
  407. 13:01telling other people in the prison that
  408. 13:03you were innocent? I mean, the cliche is
  409. 13:05that everyone says they're innocent,
  410. 13:06right?
  411. 13:07Yeah, that is a cliche and it's not
  412. 13:08true.
  413. 13:08Not true?
  414. 13:09No. No, most people are very open with
  415. 13:11me and say, "Well, I did it." And and a
  416. 13:12few guys said, "Well, I did it and this
  417. 13:14is this is real hell being in here. So,
  418. 13:17I can't imagine if you're innocent like
  419. 13:18you say, I can't imagine what you're
  420. 13:20going through."
  421. 13:21Quite a few did. Quite a few didn't.
  422. 13:24And you then tried to go through
  423. 13:27an appeals process.
  424. 13:29Yeah.
  425. 13:30Which got nowhere.
  426. 13:31No, they dismissed it.
  427. 13:33They just dismissed it.
  428. 13:35Which raises questions, um,
  429. 13:37James, about
  430. 13:39the way the system works.
  431. 13:41And the Criminal Cases Review
  432. 13:44Commission, which is the body that is
  433. 13:46charged to investigate these things, you
  434. 13:47found things they didn't.
  435. 13:49Yeah, and I mean, it's, uh, really a
  436. 13:51catastrophic failure on their part
  437. 13:53because they've got specific statutory
  438. 13:54powers that allowed them to compel
  439. 13:56police forces to hand over material. Um,
  440. 13:59we don't have a right of access like
  441. 14:00that at appeal, you know, we had to take
  442. 14:02the police to court twice in order to
  443. 14:04get the disclosure that we got. And, you
  444. 14:06know, the CCRC, Andy first applied to
  445. 14:09them in 2009.
  446. 14:11And the evidence which the Court of
  447. 14:13Appeal yesterday ruled, uh, rendered
  448. 14:15Andy's conviction unsafe, was sitting in
  449. 14:18police boxes of material
  450. 14:20since the time of his arrest and
  451. 14:21subsequent conviction. And, you know,
  452. 14:24the CCRC, if they'd simply in 2009
  453. 14:27gotten the police files, which they had
  454. 14:29the power to do,
  455. 14:29Just explain the CCRC.
  456. 14:30So, yeah, the Criminal Cases Review
  457. 14:32Commission, uh, the body that's meant to
  458. 14:33investigate miscarriages of justice. If
  459. 14:35they'd simply got those police files in
  460. 14:372009, went through them, they would have
  461. 14:39uncovered this evidence, and it probably
  462. 14:41would have saved Andy a a decade in
  463. 14:42prison.
  464. 14:43they?
  465. 14:43Why didn't they?
  466. 14:45There's real issues with the CCRC, so, I
  467. 14:47mean, there is underfunding, but that
  468. 14:48doesn't anywhere near explain, uh, their
  469. 14:50failings. There's a real cultural issue,
  470. 14:52a sort of refusal to investigate cases
  471. 14:54because they see investigation often as
  472. 14:56speculative or a fishing expedition, and
  473. 14:58that's just a ridiculous mindset to
  474. 15:00have. If you don't look for evidence,
  475. 15:02you won't find it. And the difference is
  476. 15:04we look for it, and, you know, it it
  477. 15:06took us a lot of time and effort, but
  478. 15:07eventually we found this stuff, but they
  479. 15:08could have found it very easily
  480. 15:09themselves.
  481. 15:10you describe a total lack of curiosity,
  482. 15:12which is so fascinating because, I mean,
  483. 15:14look, you know, if you want to be a
  484. 15:15journalist, you've got to be curious,
  485. 15:17and you would have thought if you're
  486. 15:18part of a review commission, curiosity
  487. 15:21about what has happened and getting to
  488. 15:23the bottom of it is absolutely
  489. 15:25essential.
  490. 15:26Absolutely. You need to start with a
  491. 15:27kind of curious open mind and there's a
  492. 15:30very revealing comment by one of the
  493. 15:31case review managers who are That's the
  494. 15:33people who do the actual casework at the
  495. 15:34CCRC, which was recorded by an academic
  496. 15:37in a book about the CCRC written a few
  497. 15:39years back. And that case review manager
  498. 15:42basically said, "Well, it's obvious most
  499. 15:43of them have done it. I Most of them are
  500. 15:45guilty." And if you go into your job
  501. 15:48with that mindset, then of course you're
  502. 15:49going to convince yourself not to do an
  503. 15:51investigation. Um so there's a real
  504. 15:52issue there.
  505. 15:53So
  506. 15:55having looked at this, having been so
  507. 15:57closely involved with this,
  508. 15:59do you come away with the impression
  509. 16:02that
  510. 16:05Andy got unlucky,
  511. 16:07but realistically the criminal justice
  512. 16:09system is basically sound, or do you
  513. 16:11think there are real structural problems
  514. 16:14associated with the police, in this case
  515. 16:15Greater Manchester Police, and the
  516. 16:18appellant bodies that you go to? I'd
  517. 16:21like to get hear both of you on that.
  518. 16:22Andy, do you want to speak first?
  519. 16:24Yeah, there's a real problem. Yeah,
  520. 16:25there's a there's a real problem.
  521. 16:26There's many things uh could be fixed
  522. 16:29quite quite easily. Um
  523. 16:31I I don't think the police should have
  524. 16:32control of um evidence and disclosure.
  525. 16:35That should not be in their remit. They
  526. 16:37should concentrate on investigating
  527. 16:40cases
  528. 16:41and doing police work, you know. Uh
  529. 16:43there should be a separate body that
  530. 16:44holds the evidence so they can't cuz the
  531. 16:47it's Mine's not the only case where
  532. 16:48they've done this. They've deliberately
  533. 16:50destroyed
  534. 16:52pivotal evidence. I mean, the victim's
  535. 16:54clothing. That's obviously
  536. 16:57vital to preserve. But the
  537. 16:59they deliberately did that?
  538. 17:00I think they deliberately did that. So
  539. 17:02to to
  540. 17:03to strengthen the
  541. 17:04To extinguish any possibility of of me
  542. 17:06ever cuz they knew by then when they
  543. 17:08started to weed it, as they said,
  544. 17:10they knew by then I was strenuously
  545. 17:12continuing to maintain my innocence
  546. 17:13after 10 years and and onwards,
  547. 17:16You know.
  548. 17:16And that is shocking.
  549. 17:17It is very shocking, yeah. But I believe
  550. 17:19that's the truth. I think it's not an
  551. 17:21accident.
  552. 17:22Do you think you met other innocent
  553. 17:23people in prison?
  554. 17:24Yeah, I'm certain I did, yeah. Yeah,
  555. 17:25yeah.
  556. 17:26Still serving?
  557. 17:27Yeah, yeah, certainly, yeah. Yeah. I I
  558. 17:29have a friend who I can't identify, but
  559. 17:32I know for sure.
  560. 17:33We've heard about the sort of the the
  561. 17:35structural problems. I mean, I would
  562. 17:36imagine
  563. 17:38that Appeal
  564. 17:39gets endless letters from people saying,
  565. 17:42"I'm a victim of a miscarriage of
  566. 17:43justice. I shouldn't be in prison."
  567. 17:46You're a small charity. How on earth do
  568. 17:48you decide which cases to take up, which
  569. 17:50cases to you think, "Ah, we're not going
  570. 17:52near this one."
  571. 17:53I mean, we have to make really difficult
  572. 17:55decisions because we have limited
  573. 17:56resources.
  574. 17:57And you worked on this case for a long
  575. 17:58time.
  576. 17:59Yeah, um
  577. 18:00How long have you worked on it?
  578. 18:01Well, Appeal took on the case in 2017.
  579. 18:04I've been working on it for the last
  580. 18:05five five years or so. Um
  581. 18:07That's a lot of resources, a lot of
  582. 18:08money.
  583. 18:09Yeah, and you know, only a very small
  584. 18:10fraction of that was covered by legal
  585. 18:12aid. Um
  586. 18:13And you know, you you just look for
  587. 18:15those kind of
  588. 18:16clear kind of potential red flags in a
  589. 18:18case, you know,
  590. 18:19the discrepancies with description, lack
  591. 18:22of forensic evidence, etc. So, and then
  592. 18:23from that starting point, you think,
  593. 18:25"Okay, if this person is innocent,
  594. 18:27um what investigation should we do to
  595. 18:28try and find some evidence that supports
  596. 18:30that?"
  597. 18:31So, now
  598. 18:33welcome to the world.
  599. 18:35Thank you very
  600. 18:35A rainy a rainy August in London, um but
  601. 18:39I'll trade that anytime for a a single
  602. 18:41minute in prison.
  603. 18:42I'm sure you absolutely would. Um
  604. 18:45how do you see the future? What about
  605. 18:47compensation?
  606. 18:49Yeah, good point. Um obviously, I won't
  607. 18:51compensating because they can't give me
  608. 18:53back what they've stolen.
  609. 18:5417 years of your life.
  610. 18:56No, no, and it's not just the time
  611. 18:57taken, it's what what it represents.
  612. 18:59It's it's
  613. 19:01constant fear,
  614. 19:02uh pain, anxiety, misery,
  615. 19:06longing, yearning for freedom, and
  616. 19:08hoping that something will come along to
  617. 19:09prove it.
  618. 19:10So, it's a very joyless
  619. 19:13void.
  620. 19:15No joy, no happiness, no love. And it's
  621. 19:17it's it's a horrific existence.
  622. 19:21And um yeah, I want compensating for
  623. 19:23that. The only way they can do that is
  624. 19:24to give me a bunch of money. And
  625. 19:26How much have they offered you?
  626. 19:27Nobody's offered me anything yet.
  627. 19:29Do you have any idea how much you might
  628. 19:30receive?
  629. 19:31No.
  630. 19:33No.
  631. 19:34Um
  632. 19:36Is there any I mean
  633. 19:39the demeanor of government now. I heard
  634. 19:41the Justice Secretary on the radio this
  635. 19:43morning, who I thought was trying to
  636. 19:45strike a rather conciliatory tone and
  637. 19:47you know, was saying, "Look,
  638. 19:49anyone who's put in prison for a long
  639. 19:51time, you know, you've got to put the
  640. 19:52right the wrongs right."
  641. 19:54Yeah, yeah.
  642. 19:54Um
  643. 19:56do you feel that the people are waking
  644. 19:57up to this? That they're you know, are
  645. 19:59sympathetic now in terms of how they're
  646. 20:01going to deal with your case?
  647. 20:02I hope so. And I've got a generally
  648. 20:04positive feeling about the deluge of
  649. 20:07well-wishers. And it's a good move from
  650. 20:10the government to do what they've done,
  651. 20:12to rescind the
  652. 20:13ridiculous
  653. 20:15paying your captors
  654. 20:17for your own torture.
  655. 20:19Yeah, that's good. That's welcome.
  656. 20:21But there's much more needs to be done
  657. 20:22as well.
  658. 20:22That was the idea of you having to pay
  659. 20:25Yeah, your your bed and board out of
  660. 20:27your compensation. Yeah.
  661. 20:29Seems an extraordinary
  662. 20:30It's an incredible clawback mechanism to
  663. 20:32reduce what they
  664. 20:33Not not a hotel that you wish to stay
  665. 20:34in, I think it's fair to say. But isn't
  666. 20:36there something now about compensation
  667. 20:38that you have to prove your innocence
  668. 20:41beyond reasonable doubt before you're
  669. 20:44entitled
  670. 20:45Yeah.
  671. 20:46which if you've had a
  672. 20:47court case overturned as unreliable in
  673. 20:50the British legal system
  674. 20:51You are innocent.
  675. 20:52You are innocent. Because you're
  676. 20:53innocent or you're guilty.
  677. 20:54Yeah, you would have thought you've
  678. 20:55already done all that. You proved it
  679. 20:58amply.
  680. 20:58don't need to prove it.
  681. 20:59I don't need to prove it again, do I?
  682. 21:00Why why why why is that a thing?
  683. 21:02Greater Manchester Police have said that
  684. 21:04they're truly sorry for what happened.
  685. 21:06Do you accept their apology? Do you
  686. 21:08think that you don't?
  687. 21:09No. No, because I don't think it's a
  688. 21:11genuine apology. I think it's a PR
  689. 21:13exercise
  690. 21:14from a corporate entity. They They're
  691. 21:16not sorry. They've They fought us every
  692. 21:19inch of the way. We invited them to join
  693. 21:21Appeal invited them to join
  694. 21:23uh
  695. 21:24this CCRC application, and they
  696. 21:27point-blank refused. I don't even think
  697. 21:29they responded. They
  698. 21:30They fought disclosure of the vital
  699. 21:32evidence that they knew was important,
  700. 21:35and of course they must have known its
  701. 21:36significance.
  702. 21:38And they fought us all the way. So, and
  703. 21:40then suddenly to cuz it's been
  704. 21:41overturned say, "Oh, we're really sorry
  705. 21:42now."
  706. 21:44No.
  707. 21:45I suppose the other person in this
  708. 21:47that it must be appalling for is the
  709. 21:49victim.
  710. 21:50Exactly. Yeah. I mean, she's she's
  711. 21:53probably been retraumatized by all this
  712. 21:55thinking she got the right guy.
  713. 21:57It's not her fault at all. I want to
  714. 21:59make that clear. It's the way
  715. 22:01the the police the Greater Manchester
  716. 22:02police
  717. 22:04um
  718. 22:05got a tra- terribly traumatized woman
  719. 22:08to to identify
  720. 22:10she falsely identified me, but
  721. 22:14you know
  722. 22:15she wasn't in a
  723. 22:17good frame of mind either. Uh it was a
  724. 22:19loaded lineup as well. I think I was the
  725. 22:21only dark-skinned guy on it. And and I
  726. 22:24think I had the same T-shirt. So, it
  727. 22:26would be easy for somebody to
  728. 22:29I've no proof of this, but it'd be very
  729. 22:30easy for some officer to go
  730. 22:32"Guy in the black shirt."
  731. 22:34You know?
  732. 22:35But she has had presumably now has to
  733. 22:37live with the fact that she thought that
  734. 22:39the person who had
  735. 22:40be awful. committed the crime Yeah.
  736. 22:41had gone to prison, and that he hasn't,
  737. 22:43and he he well still be at large.
  738. 22:44Yeah, and 20 years later she's having to
  739. 22:46relive it all. It's the system that let
  740. 22:48her down as well. Yeah. Yeah. Yeah, it's
  741. 22:50not just me.
  742. 22:51You know, the damage is immense. They've
  743. 22:53caused immense damage.
  744. 22:55To
  745. 22:55And your family and friends, I mean
  746. 22:57at the time you were obviously saying,
  747. 22:59"Look, I'm innocent." Did they all
  748. 23:00believe you?
  749. 23:00Yeah. Yeah, I'm sure they did. yeah.
  750. 23:02Nobody's voice
  751. 23:03That must have been a source of comfort.
  752. 23:04Yeah, it was, yeah. Nobody ever said to
  753. 23:06me we don't believe you, we think you
  754. 23:07might have done it. Nobody said that.
  755. 23:09They was all staunch
  756. 23:11behind me.
  757. 23:12It's a weird question, I know, but did
  758. 23:13you take anything from the prison
  759. 23:14experience? I mean, did you
  760. 23:16I mean, obviously it's changed you
  761. 23:18profoundly and you've got to live with
  762. 23:19it for the rest of your life. There's no
  763. 23:20getting away from it. Did you
  764. 23:22Did you learn anything?
  765. 23:22Did you take anything positive, you
  766. 23:23mean?
  767. 23:24Yeah.
  768. 23:25Uh
  769. 23:27Do you think you'll ever be able to get
  770. 23:28to a place where you can think about
  771. 23:30terrible thing
  772. 23:32to have to endure. It's hard to put
  773. 23:34anything positive spin on it, but I did.
  774. 23:37Uh for example, I I I did an Open
  775. 23:39University degree in maths and physics.
  776. 23:41I got that. I got my BSc.
  777. 23:44Uh and from that I I used that as a
  778. 23:46springboard to go for a master's
  779. 23:49in a southern university.
  780. 23:51Uh but um I had to stop because of the
  781. 23:53news of the DNA
  782. 23:55matching an unknown guy.
  783. 23:57Uh I just couldn't focus anymore, but
  784. 23:59I've taken
  785. 24:00I've I've learned a lot about myself.
  786. 24:02I've learned strengths I never knew I
  787. 24:03had
  788. 24:04through through adversity.
  789. 24:06Sure.
  790. 24:06You know, like anybody who in a similar
  791. 24:08situation would.
  792. 24:09Andy, let me ask you a sort of slightly
  793. 24:11crappy question that you get asked at
  794. 24:12careers interviews where you someone
  795. 24:14says to you, "So, tell me, how do you
  796. 24:15see yourself in 5 years' time?"
  797. 24:17yeah.
  798. 24:17Yeah, and I I'm I'm I'm not quite and I
  799. 24:19don't mean that in terms of well, I'll
  800. 24:20be working at a whatever or be a an
  801. 24:23astrophysicist at some research
  802. 24:25laboratory.
  803. 24:25That'll be nice.
  804. 24:26Yeah, and that'll be great, but I mean,
  805. 24:27I just wonder what you say how you see
  806. 24:29kind of life
  807. 24:30Is it about sleeping well? Is it about
  808. 24:33What what what is it you yearn for? What
  809. 24:35is it you crave in life?
  810. 24:37Yeah, it's actually a good question. Um
  811. 24:41I want my freedom back fully. Uh I want
  812. 24:44my economic freedom back.
  813. 24:46I want my compensation.
  814. 24:47Just Do you not feel totally free now,
  815. 24:49even now?
  816. 24:50Not really, no, because because there's
  817. 24:52still fights to be fought, you know? So,
  818. 24:55I'm not free of it. It's not I can't go
  819. 24:57that's that done.
  820. 24:58Yeah.
  821. 24:59I can't.
  822. 24:59The door hasn't shut yet.
  823. 25:00No, the door hasn't shut yet. I'm I'm
  824. 25:02still
  825. 25:03I'm still, you know, fighting. I'm
  826. 25:06haunted by it. I think I need therapy,
  827. 25:08to be honest.
  828. 25:10Are you going to Are you Are you going
  829. 25:11to get engaged in therapy?
  830. 25:13Yeah. Yeah, we're looking into it.
  831. 25:15Sure.
  832. 25:15Yeah.
  833. 25:16And but, you know, but the 5-year view,
  834. 25:18I mean, you know, hopefully in a year's
  835. 25:20time maybe these legal battles will be
  836. 25:22behind you.
  837. 25:23I hope so.
  838. 25:24And then
  839. 25:25you know, kind of after that?
  840. 25:27Yeah.
  841. 25:28Uh I want to resume traveling while I'm
  842. 25:29still able-bodied. I'm getting on a bit.
  843. 25:31I'm 57 now. You know,
  844. 25:33I want to travel
  845. 25:35to lots of places in the world I've
  846. 25:36never seen before. India, example. I
  847. 25:39want to go to Australia to see my
  848. 25:40sisters.
  849. 25:41I haven't seen them for 33 years.
  850. 25:43Um I just want to travel and feel that
  851. 25:46sense of freedom again where, you know,
  852. 25:49you've got no
  853. 25:51You got no worries. Brexit I
  854. 25:54I was a permanent resident in Holland.
  855. 25:56As 2016 approached, had I not been
  856. 25:59kidnapped by the UK state, um
  857. 26:02I would have I would have applied for
  858. 26:03Dutch nationality, a Dutch passport, and
  859. 26:05I would have
  860. 26:06almost certainly have got it because of
  861. 26:08my
  862. 26:09my long-standing association.
  863. 26:11So, I would have been there 25, 30 years
  864. 26:13by that point. So, um I was robbed of
  865. 26:16that opportunity to have
  866. 26:18You know, I don't want to be a UK
  867. 26:19citizen, to be honest.
  868. 26:20I don't want to be associated with this
  869. 26:22country anymore. I would like,
  870. 26:24ideally, in an ideal world, to have a
  871. 26:27Dutch passport and be a resume my EU
  872. 26:30status. I want to be I identify as a
  873. 26:32European above and beyond being English.
  874. 26:35But, I'm English by default. I was born
  875. 26:36here.
  876. 26:37So, um I would like, if possible, for
  877. 26:41the um for the ministers this side to
  878. 26:43contact the ministers on the Dutch side
  879. 26:46and see if they can
  880. 26:48perhaps arrange for me a Dutch passport
  881. 26:51as a as a humanitarian compassionate
  882. 26:54gesture
  883. 26:55after what
  884. 26:56what I've endured and the position it's
  885. 26:58left me in um not being able to visit
  886. 27:00Europe for more than 3 months at a time
  887. 27:01because of Brexit. I should be a Dutch
  888. 27:04citizen now.
  889. 27:07Very very best of luck to you. Thank you
  890. 27:09so much
  891. 27:10Thank you.
  892. 27:10for coming in to talk to us.
  893. 27:12You're welcome.
  894. 27:12Um
  895. 27:13and maybe come back and talk to us again
  896. 27:15a bit further down the road when
  897. 27:16hopefully some of these things are
  898. 27:17behind you.
  899. 27:18Sure. I'd love to.
  900. 27:20James
  901. 27:22Let me let us salute you as well for the
  902. 27:24amazing work
  903. 27:24indefatigable work
  904. 27:26Yeah.
  905. 27:26that you have done on this.
  906. 27:28The News Agents
  907. 27:30This is a Global Player original
  908. 27:32podcast.

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