Full interview with Andrew Malkinson - wrongly imprisoned for 17 years | The News Agents — Transcript
Full transcript
- 0:00We are joined in the studio now by
- 0:02Andy Malkinson. And if that name is
- 0:05sounding familiar to you, he was the man
- 0:07whose rape conviction was overturned and
- 0:12is getting used to the idea of freedom,
- 0:14if not yet normality. And we'll come to
- 0:17that in a minute. And we're also joined
- 0:19by James Burley. Now, he is the
- 0:21investigator from the charity Appeal,
- 0:24which has played such a pivotal role in
- 0:27unearthing new evidence that has led to
- 0:30the quashing of Andy's sentence. Andy,
- 0:33look, it's great to have you with us on
- 0:34the News Agents. Thank you very much for
- 0:36coming in to talk to us. And I know
- 0:38you've done an awful lot of this sort of
- 0:40stuff, but this will be the first, I
- 0:41think, lengthy interview that you've
- 0:44done.
- 0:44Yeah.
- 0:45Um I guess my first question is, are you
- 0:47getting used to the idea of freedom?
- 0:50Yes, very slowly. I mean, it's not been
- 0:52long now, but I am, yeah, getting used
- 0:54to it. I've I've dreamed about this,
- 0:56overturning it,
- 0:58so many times
- 1:00that
- 1:01uh and it's still early days, of course.
- 1:03It's only a week,
- 1:04less than 2 weeks since it was
- 1:06overturned.
- 1:07But yeah, it feels good.
- 1:09Andy, could you just just in case people
- 1:11listening aren't familiar with your
- 1:12case, could you just give a kind of
- 1:14brief potted history? I know it's a very
- 1:16complicated thing, but just a sort of
- 1:18outline of what happened and when.
- 1:20Right. I
- 1:23I was resident a permanent resident of
- 1:24the Netherlands since '93.
- 1:27I found myself in England in 2003
- 1:30after 10 years.
- 1:32citizen, though, right? Not
- 1:33I wasn't a citizen, no. But I was
- 1:35legally staying. I had all my
- 1:37verblijfsvergunning, and my my my
- 1:39residency permits. I had a tax file
- 1:42number. I still I think I don't know if
- 1:43it's still active, but um
- 1:45I was a permanent resident of the
- 1:47Netherlands, legal, everything, working.
- 1:50Uh
- 1:51and I found myself in the UK in 2003
- 1:55uh for a long complicated reasons, but
- 1:58um
- 1:58yeah, I was just picked up for for a for
- 2:01a
- 2:02violent horrific rape
- 2:05and questioned
- 2:06and at that point I thought
- 2:09this is really bad. This is terrible.
- 2:10They think I'm a suspect. But I was sure
- 2:13it would be quickly resolved
- 2:15and they'd realize I'm not the guy.
- 2:18And they never did?
- 2:19They never did.
- 2:20And in the court case it was purely
- 2:23dependent on identification.
- 2:26There was no Yeah, forensic evidence
- 2:29No.
- 2:29linking you
- 2:31to the scene.
- 2:32Absolutely none. There never was, of
- 2:34course. Um
- 2:35Uh
- 2:36but um it I I was convicted entirely on
- 2:39eyewitness testimony.
- 2:40Um and in fact, there was a lot of
- 2:43the the description given by the the
- 2:44victim
- 2:46um many many aspects of her description
- 2:49absolutely didn't fit me. So, I was
- 2:51astonished that I was even a suspect.
- 2:54It was it was strange.
- 2:56As the trial was was progressing, did
- 2:58you always assume that
- 3:01justice would prevail that you were
- 3:03going to
- 3:04not be convicted or could you sense
- 3:07during the trial that something was
- 3:08happening that you were not in control
- 3:10of?
- 3:11Yeah, both those things are true. I did
- 3:12hope fervently that
- 3:15that the truth would be unearthed and
- 3:17they would realize it was not me.
- 3:20At the same time
- 3:21as the trial progressed I got a very
- 3:25dark feeling about being fitted up. I I
- 3:29sensed being fitted up rather than knew
- 3:31it
- 3:32because at that point I didn't know how
- 3:33they were doing it. I didn't know why
- 3:35two
- 3:36I didn't know know why all three
- 3:37witnesses had identified me, but they
- 3:39did
- 3:40and I was very confused as as to why
- 3:43because I never went out and the during
- 3:45the few weeks I was staying there
- 3:47I never went out at night, ever.
- 3:49You You I was working all day. I was
- 3:51tired.
- 3:53I bought a few cans of beer, sat in
- 3:54front of the TV, and just fell asleep.
- 3:56That was it. I never ever went outside.
- 3:58So, these people saying they saw me out
- 3:59was a complete mystery. And and it felt
- 4:03I've said it before, like a car crash. I
- 4:04was going through the windscreen in slow
- 4:06motion. And how do you stop something as
- 4:08big as that?
- 4:09It must have felt completely
- 4:10overwhelming.
- 4:11It was. Yeah. Yeah.
- 4:14To have the sort of the state
- 4:16Yeah.
- 4:17basically slowly
- 4:19piling this case that you couldn't stop.
- 4:21That's absolutely right. It did. It was
- 4:23overwhelming. And I can't really
- 4:24articulate
- 4:26how overwhelming it was. It was just
- 4:28devastating. I couldn't believe It had
- 4:31this very surreal quality to it. So, why
- 4:33why me? Why am I being framed for this?
- 4:37And
- 4:38you used the word why was I being fitted
- 4:41up?
- 4:41Yeah.
- 4:42What does that mean?
- 4:44Well,
- 4:45like I said, the the description didn't
- 4:46fit me in any way except for I had dark
- 4:49skin. I always had dark skin.
- 4:51Everything else didn't fit me. So, what?
- 4:54You know, the scratch.
- 4:56The the victim said she clearly very
- 4:58clearly unambiguously scratched
- 5:01her assailant's face.
- 5:03You know, causing a scratch a deep She
- 5:05said, "I've caused a deep scratch from
- 5:06the upper jaw No, sorry, the cheekbone
- 5:09down to the jaw."
- 5:11And I was seen by many people. I was
- 5:13working in a shopping center.
- 5:16I was I was seen by so many people.
- 5:18Nobody
- 5:19saw me with any scratches because I I
- 5:21never had any.
- 5:22James, let me bring you in now because
- 5:24um
- 5:26aspects of this about the two
- 5:27eyewitnesses.
- 5:29I mean, there there was parts of their
- 5:30background that were not disclosed to
- 5:33the court, which is such stuff that you
- 5:36have since found out. Is that correct?
- 5:37Yeah, absolutely. So, these were two
- 5:39witnesses who were presented as being
- 5:41honest witnesses acting effectively out
- 5:43of a sense of civic duty. Um
- 5:46but through uh really
- 5:48uh
- 5:49dogged investigation, including taking
- 5:51the police to court, we actually
- 5:52discovered that there was a lot more to
- 5:53these people. Um so, they were a couple.
- 5:56Um
- 5:58There was The jury had no reason to
- 5:59doubt that these were anything other
- 6:00than respectable uh sort of upstanding
- 6:03citizens. In fact, they both had
- 6:05criminal histories uh including for
- 6:06dishonesty offenses. Uh the male witness
- 6:09uh was a a long-time heroin user. Uh and
- 6:12most remarkably,
- 6:14we managed to find out that he'd been
- 6:15arrested on the date that he came
- 6:17forward as a witness and also arrested
- 6:18on the date about 6 months later when he
- 6:21first identified Andy. And what was so
- 6:24remarkable about him was that um
- 6:27his purported sightings lasted a matter
- 6:29of seconds. They were made from a moving
- 6:30vehicle.
- 6:31And then 6 months on, he picks out Andy
- 6:33after being arrested, taken to court.
- 6:35And then uh he comes to to court uh in
- 6:38Andy's case and essentially gives
- 6:40evidence that he's completely certain
- 6:42he's made the correct identification.
- 6:44And the jury just had no idea about this
- 6:45information. Um
- 6:46So, the jury had no idea and the defense
- 6:48team had no idea.
- 6:49No, and the defense actually made an
- 6:51explicit disclosure request for the
- 6:53previous convictions of all civilian
- 6:55witnesses and yet these ones weren't
- 6:56disclosed.
- 6:56Andy, you were sighing deeply there.
- 6:59Yeah, because it's it's still sounds so
- 7:02implausible.
- 7:04And you know,
- 7:07how how could that even happen, you
- 7:09know, this this sequence of events?
- 7:12And then you're And
- 7:13And then you're in prison
- 7:15for a crime that you haven't committed.
- 7:17Yeah.
- 7:19And here is the sort of
- 7:21almost a Faustian deal
- 7:23Yeah.
- 7:24that you're confronted with, which is
- 7:26you can get out of prison early
- 7:29if you admit your guilt and go to
- 7:32classes with other sex offenders and
- 7:34whatever else.
- 7:35Or you can maintain your innocence,
- 7:37which you did, and you served an extra
- 7:4110 years of your life
- 7:43Yes.
- 7:43Locked behind bars.
- 7:44Yes. Yes, that's that's that's accurate.
- 7:46Describe what
- 7:48Uh well, it's not quite as simple as
- 7:50simply admitting um your guilty.
- 7:54Um it's more, you know, you can't sign a
- 7:56paper and say, "Okay, I did it." and
- 7:57then they'll they'll put you back on the
- 7:59streets. It's not like that. You have to
- 8:01undergo intensive uh
- 8:04uh sex offender treatments. Used to be
- 8:05called SOTP. They've simply renamed it
- 8:07now after
- 8:09after 2014, it was discovered that
- 8:11despite holding me to ransom about doing
- 8:13these courses,
- 8:15they're actually causing um an increase
- 8:18in the risk of reoffending.
- 8:21So,
- 8:22I was held on a a completely false
- 8:23premise there, past way past my tariff.
- 8:27And uh
- 8:28I thought about doing it. I I
- 8:30you know, but you're going to sit there
- 8:32and listen to horror stories. People
- 8:34have done terrible things.
- 8:36And that's damaging enough to have to
- 8:37sit there
- 8:39and be included in that subset and then
- 8:41asked to
- 8:43describe
- 8:44what you'd
- 8:45done when you don't find what you've
- 8:47done nothing.
- 8:48That was an impossible
- 8:50choice.
- 8:50Were you ever tempted to do it?
- 8:53No, I didn't even attempt, but I went
- 8:54through it painstakingly in my head. I
- 8:56said, "Well, what what if I just just
- 8:59bite the bullet and say I did it?"
- 9:01But then, you know, the
- 9:02the the whole the whole group will then
- 9:04pick you apart. What did you do wrong?
- 9:06What were you feeling at the time? And
- 9:07you just couldn't do it. You know,
- 9:09you're going to get like Listen, I
- 9:10didn't do it. I I didn't do it.
- 9:12And before we uh move on completely to
- 9:14the prison experience, were there other
- 9:16James, were there other problems with
- 9:19the prosecution case other than just the
- 9:21other than the the unreliable,
- 9:23incredible nature of the witnesses?
- 9:25Well, I mean, the fundamental thing was
- 9:27that uh there was non-disclosure. So,
- 9:29the jury and the defense weren't aware
- 9:31of a lot of these weaknesses, but yeah,
- 9:32I mean, there was a weakness anyway cuz
- 9:33the case was entirely dependent on
- 9:35identification evidence, which we know
- 9:37is a notorious source of uh wrongful
- 9:40convictions. And um
- 9:42prosecution also had this issue, which
- 9:44is that there was no forensic evidence
- 9:45against Andy. And the way they explained
- 9:47that away was by arguing a really
- 9:49unscientific uh sort of idea, but they
- 9:51argued that he was forensically aware
- 9:53and that he had somehow deliberately
- 9:55made sure he didn't leave any kind of
- 9:56trace. And when you know the details of
- 9:58the attack, you know that that's just
- 10:00such a nonsense idea.
- 10:01And so, Andy, you end up getting
- 10:03convicted. What was your initial
- 10:04sentence?
- 10:06Um discretionary life sentence with a
- 10:08tariff of 7 years from the time of
- 10:10arrest.
- 10:11And you spend that first night
- 10:14with that sentence in the prison cell
- 10:15knowing that you're facing down that
- 10:17sentence.
- 10:18After conviction, yeah. And sentencing,
- 10:20yeah. Yeah, it was a terrible terrible
- 10:22time.
- 10:23Terrible psychological burden thinking,
- 10:25you know,
- 10:27what's just happened to me, you know, uh
- 10:29why am I why am I looking at an
- 10:30indeterminate period behind bars? Maybe
- 10:33I'll die here. You know, that's a real
- 10:35fear.
- 10:36Dying in prison. And so, or even dying
- 10:38at your own hands.
- 10:40You know, giving giving up and dying at
- 10:42your own hands. Lots of people kill
- 10:43themselves in prison.
- 10:44Did you think about it?
- 10:45Yeah.
- 10:46Yeah. I thought about a lot of stuff.
- 10:49You know, how did I how did this happen?
- 10:51How did I end up here? You know, why why
- 10:52did the witness say they saw me? You
- 10:55know, I thought about suicide as well,
- 10:56yeah.
- 10:57And of course, it's a tough
- 10:59environment to be in at any time for any
- 11:03person.
- 11:03Yeah.
- 11:04But I guess if you're a sex offender and
- 11:07you have been convicted of rape,
- 11:09Yeah, it's the lowest of the low.
- 11:11So, what how were you treated?
- 11:12I was treated terribly, abominably. The
- 11:15the the the the prison officers, the
- 11:18screws we call them,
- 11:20they make every
- 11:22waking moments of your life in prison as
- 11:24miserable as they pos- possibly can. You
- 11:27know, there's all kinds of ways they can
- 11:28and do do that.
- 11:30Like what?
- 11:30Uh you know, um
- 11:34A guy was at guys for example. There was
- 11:36one guy they try to intimidate you all
- 11:38the time. Try to push your buttons to
- 11:39make you kick off and it works on a lot
- 11:41of people cuz there's a lot of volatile
- 11:42people there.
- 11:43But it never worked with me, but it
- 11:45comes at a psychological cost. You
- 11:47they they demean you. They're
- 11:49intimidating you. You want to shout out
- 11:51and say something, but you just
- 11:53hold your tongue
- 11:55and take on awful lot of crap.
- 11:57Um you know, um
- 11:59For example,
- 12:01HMP Franklin I tried to get some new
- 12:03trainers. You can only get them from
- 12:05approved suppliers. I think it's M&M's.
- 12:08I applied over and over and over again.
- 12:10The original applications go missing.
- 12:13It's it's a tactic they use on everybody
- 12:14who's refusing to do the courses. It's
- 12:16to grind you down.
- 12:18They they don't so easily, you know,
- 12:20take you down the seg and give you a
- 12:22kicking although it still happens.
- 12:24They they they go psychological warfare
- 12:26on you. And it's terrible.
- 12:29It's awful.
- 12:30Were you subject to any violence from
- 12:31anyone while you were there? Presumably
- 12:32or
- 12:33Not subject to, but there's a constant
- 12:35threat of it, you know. People
- 12:37fronting up to you, challenging you and
- 12:40you don't want to come across as too
- 12:42much of a sap and go go please leave me
- 12:44alone,
- 12:45but you kind of
- 12:49I hold my tongue a lot, you know, and
- 12:51just just look at them look look look at
- 12:53them straight back and hope they don't
- 12:56smack me
- 12:57or stab me
- 12:59or burn me.
- 13:00Were you
- 13:01telling other people in the prison that
- 13:03you were innocent? I mean, the cliche is
- 13:05that everyone says they're innocent,
- 13:06right?
- 13:07Yeah, that is a cliche and it's not
- 13:08true.
- 13:08Not true?
- 13:09No. No, most people are very open with
- 13:11me and say, "Well, I did it." And and a
- 13:12few guys said, "Well, I did it and this
- 13:14is this is real hell being in here. So,
- 13:17I can't imagine if you're innocent like
- 13:18you say, I can't imagine what you're
- 13:20going through."
- 13:21Quite a few did. Quite a few didn't.
- 13:24And you then tried to go through
- 13:27an appeals process.
- 13:29Yeah.
- 13:30Which got nowhere.
- 13:31No, they dismissed it.
- 13:33They just dismissed it.
- 13:35Which raises questions, um,
- 13:37James, about
- 13:39the way the system works.
- 13:41And the Criminal Cases Review
- 13:44Commission, which is the body that is
- 13:46charged to investigate these things, you
- 13:47found things they didn't.
- 13:49Yeah, and I mean, it's, uh, really a
- 13:51catastrophic failure on their part
- 13:53because they've got specific statutory
- 13:54powers that allowed them to compel
- 13:56police forces to hand over material. Um,
- 13:59we don't have a right of access like
- 14:00that at appeal, you know, we had to take
- 14:02the police to court twice in order to
- 14:04get the disclosure that we got. And, you
- 14:06know, the CCRC, Andy first applied to
- 14:09them in 2009.
- 14:11And the evidence which the Court of
- 14:13Appeal yesterday ruled, uh, rendered
- 14:15Andy's conviction unsafe, was sitting in
- 14:18police boxes of material
- 14:20since the time of his arrest and
- 14:21subsequent conviction. And, you know,
- 14:24the CCRC, if they'd simply in 2009
- 14:27gotten the police files, which they had
- 14:29the power to do,
- 14:29Just explain the CCRC.
- 14:30So, yeah, the Criminal Cases Review
- 14:32Commission, uh, the body that's meant to
- 14:33investigate miscarriages of justice. If
- 14:35they'd simply got those police files in
- 14:372009, went through them, they would have
- 14:39uncovered this evidence, and it probably
- 14:41would have saved Andy a a decade in
- 14:42prison.
- 14:43they?
- 14:43Why didn't they?
- 14:45There's real issues with the CCRC, so, I
- 14:47mean, there is underfunding, but that
- 14:48doesn't anywhere near explain, uh, their
- 14:50failings. There's a real cultural issue,
- 14:52a sort of refusal to investigate cases
- 14:54because they see investigation often as
- 14:56speculative or a fishing expedition, and
- 14:58that's just a ridiculous mindset to
- 15:00have. If you don't look for evidence,
- 15:02you won't find it. And the difference is
- 15:04we look for it, and, you know, it it
- 15:06took us a lot of time and effort, but
- 15:07eventually we found this stuff, but they
- 15:08could have found it very easily
- 15:09themselves.
- 15:10you describe a total lack of curiosity,
- 15:12which is so fascinating because, I mean,
- 15:14look, you know, if you want to be a
- 15:15journalist, you've got to be curious,
- 15:17and you would have thought if you're
- 15:18part of a review commission, curiosity
- 15:21about what has happened and getting to
- 15:23the bottom of it is absolutely
- 15:25essential.
- 15:26Absolutely. You need to start with a
- 15:27kind of curious open mind and there's a
- 15:30very revealing comment by one of the
- 15:31case review managers who are That's the
- 15:33people who do the actual casework at the
- 15:34CCRC, which was recorded by an academic
- 15:37in a book about the CCRC written a few
- 15:39years back. And that case review manager
- 15:42basically said, "Well, it's obvious most
- 15:43of them have done it. I Most of them are
- 15:45guilty." And if you go into your job
- 15:48with that mindset, then of course you're
- 15:49going to convince yourself not to do an
- 15:51investigation. Um so there's a real
- 15:52issue there.
- 15:53So
- 15:55having looked at this, having been so
- 15:57closely involved with this,
- 15:59do you come away with the impression
- 16:02that
- 16:05Andy got unlucky,
- 16:07but realistically the criminal justice
- 16:09system is basically sound, or do you
- 16:11think there are real structural problems
- 16:14associated with the police, in this case
- 16:15Greater Manchester Police, and the
- 16:18appellant bodies that you go to? I'd
- 16:21like to get hear both of you on that.
- 16:22Andy, do you want to speak first?
- 16:24Yeah, there's a real problem. Yeah,
- 16:25there's a there's a real problem.
- 16:26There's many things uh could be fixed
- 16:29quite quite easily. Um
- 16:31I I don't think the police should have
- 16:32control of um evidence and disclosure.
- 16:35That should not be in their remit. They
- 16:37should concentrate on investigating
- 16:40cases
- 16:41and doing police work, you know. Uh
- 16:43there should be a separate body that
- 16:44holds the evidence so they can't cuz the
- 16:47it's Mine's not the only case where
- 16:48they've done this. They've deliberately
- 16:50destroyed
- 16:52pivotal evidence. I mean, the victim's
- 16:54clothing. That's obviously
- 16:57vital to preserve. But the
- 16:59they deliberately did that?
- 17:00I think they deliberately did that. So
- 17:02to to
- 17:03to strengthen the
- 17:04To extinguish any possibility of of me
- 17:06ever cuz they knew by then when they
- 17:08started to weed it, as they said,
- 17:10they knew by then I was strenuously
- 17:12continuing to maintain my innocence
- 17:13after 10 years and and onwards,
- 17:16You know.
- 17:16And that is shocking.
- 17:17It is very shocking, yeah. But I believe
- 17:19that's the truth. I think it's not an
- 17:21accident.
- 17:22Do you think you met other innocent
- 17:23people in prison?
- 17:24Yeah, I'm certain I did, yeah. Yeah,
- 17:25yeah.
- 17:26Still serving?
- 17:27Yeah, yeah, certainly, yeah. Yeah. I I
- 17:29have a friend who I can't identify, but
- 17:32I know for sure.
- 17:33We've heard about the sort of the the
- 17:35structural problems. I mean, I would
- 17:36imagine
- 17:38that Appeal
- 17:39gets endless letters from people saying,
- 17:42"I'm a victim of a miscarriage of
- 17:43justice. I shouldn't be in prison."
- 17:46You're a small charity. How on earth do
- 17:48you decide which cases to take up, which
- 17:50cases to you think, "Ah, we're not going
- 17:52near this one."
- 17:53I mean, we have to make really difficult
- 17:55decisions because we have limited
- 17:56resources.
- 17:57And you worked on this case for a long
- 17:58time.
- 17:59Yeah, um
- 18:00How long have you worked on it?
- 18:01Well, Appeal took on the case in 2017.
- 18:04I've been working on it for the last
- 18:05five five years or so. Um
- 18:07That's a lot of resources, a lot of
- 18:08money.
- 18:09Yeah, and you know, only a very small
- 18:10fraction of that was covered by legal
- 18:12aid. Um
- 18:13And you know, you you just look for
- 18:15those kind of
- 18:16clear kind of potential red flags in a
- 18:18case, you know,
- 18:19the discrepancies with description, lack
- 18:22of forensic evidence, etc. So, and then
- 18:23from that starting point, you think,
- 18:25"Okay, if this person is innocent,
- 18:27um what investigation should we do to
- 18:28try and find some evidence that supports
- 18:30that?"
- 18:31So, now
- 18:33welcome to the world.
- 18:35Thank you very
- 18:35A rainy a rainy August in London, um but
- 18:39I'll trade that anytime for a a single
- 18:41minute in prison.
- 18:42I'm sure you absolutely would. Um
- 18:45how do you see the future? What about
- 18:47compensation?
- 18:49Yeah, good point. Um obviously, I won't
- 18:51compensating because they can't give me
- 18:53back what they've stolen.
- 18:5417 years of your life.
- 18:56No, no, and it's not just the time
- 18:57taken, it's what what it represents.
- 18:59It's it's
- 19:01constant fear,
- 19:02uh pain, anxiety, misery,
- 19:06longing, yearning for freedom, and
- 19:08hoping that something will come along to
- 19:09prove it.
- 19:10So, it's a very joyless
- 19:13void.
- 19:15No joy, no happiness, no love. And it's
- 19:17it's it's a horrific existence.
- 19:21And um yeah, I want compensating for
- 19:23that. The only way they can do that is
- 19:24to give me a bunch of money. And
- 19:26How much have they offered you?
- 19:27Nobody's offered me anything yet.
- 19:29Do you have any idea how much you might
- 19:30receive?
- 19:31No.
- 19:33No.
- 19:34Um
- 19:36Is there any I mean
- 19:39the demeanor of government now. I heard
- 19:41the Justice Secretary on the radio this
- 19:43morning, who I thought was trying to
- 19:45strike a rather conciliatory tone and
- 19:47you know, was saying, "Look,
- 19:49anyone who's put in prison for a long
- 19:51time, you know, you've got to put the
- 19:52right the wrongs right."
- 19:54Yeah, yeah.
- 19:54Um
- 19:56do you feel that the people are waking
- 19:57up to this? That they're you know, are
- 19:59sympathetic now in terms of how they're
- 20:01going to deal with your case?
- 20:02I hope so. And I've got a generally
- 20:04positive feeling about the deluge of
- 20:07well-wishers. And it's a good move from
- 20:10the government to do what they've done,
- 20:12to rescind the
- 20:13ridiculous
- 20:15paying your captors
- 20:17for your own torture.
- 20:19Yeah, that's good. That's welcome.
- 20:21But there's much more needs to be done
- 20:22as well.
- 20:22That was the idea of you having to pay
- 20:25Yeah, your your bed and board out of
- 20:27your compensation. Yeah.
- 20:29Seems an extraordinary
- 20:30It's an incredible clawback mechanism to
- 20:32reduce what they
- 20:33Not not a hotel that you wish to stay
- 20:34in, I think it's fair to say. But isn't
- 20:36there something now about compensation
- 20:38that you have to prove your innocence
- 20:41beyond reasonable doubt before you're
- 20:44entitled
- 20:45Yeah.
- 20:46which if you've had a
- 20:47court case overturned as unreliable in
- 20:50the British legal system
- 20:51You are innocent.
- 20:52You are innocent. Because you're
- 20:53innocent or you're guilty.
- 20:54Yeah, you would have thought you've
- 20:55already done all that. You proved it
- 20:58amply.
- 20:58don't need to prove it.
- 20:59I don't need to prove it again, do I?
- 21:00Why why why why is that a thing?
- 21:02Greater Manchester Police have said that
- 21:04they're truly sorry for what happened.
- 21:06Do you accept their apology? Do you
- 21:08think that you don't?
- 21:09No. No, because I don't think it's a
- 21:11genuine apology. I think it's a PR
- 21:13exercise
- 21:14from a corporate entity. They They're
- 21:16not sorry. They've They fought us every
- 21:19inch of the way. We invited them to join
- 21:21Appeal invited them to join
- 21:23uh
- 21:24this CCRC application, and they
- 21:27point-blank refused. I don't even think
- 21:29they responded. They
- 21:30They fought disclosure of the vital
- 21:32evidence that they knew was important,
- 21:35and of course they must have known its
- 21:36significance.
- 21:38And they fought us all the way. So, and
- 21:40then suddenly to cuz it's been
- 21:41overturned say, "Oh, we're really sorry
- 21:42now."
- 21:44No.
- 21:45I suppose the other person in this
- 21:47that it must be appalling for is the
- 21:49victim.
- 21:50Exactly. Yeah. I mean, she's she's
- 21:53probably been retraumatized by all this
- 21:55thinking she got the right guy.
- 21:57It's not her fault at all. I want to
- 21:59make that clear. It's the way
- 22:01the the police the Greater Manchester
- 22:02police
- 22:04um
- 22:05got a tra- terribly traumatized woman
- 22:08to to identify
- 22:10she falsely identified me, but
- 22:14you know
- 22:15she wasn't in a
- 22:17good frame of mind either. Uh it was a
- 22:19loaded lineup as well. I think I was the
- 22:21only dark-skinned guy on it. And and I
- 22:24think I had the same T-shirt. So, it
- 22:26would be easy for somebody to
- 22:29I've no proof of this, but it'd be very
- 22:30easy for some officer to go
- 22:32"Guy in the black shirt."
- 22:34You know?
- 22:35But she has had presumably now has to
- 22:37live with the fact that she thought that
- 22:39the person who had
- 22:40be awful. committed the crime Yeah.
- 22:41had gone to prison, and that he hasn't,
- 22:43and he he well still be at large.
- 22:44Yeah, and 20 years later she's having to
- 22:46relive it all. It's the system that let
- 22:48her down as well. Yeah. Yeah. Yeah, it's
- 22:50not just me.
- 22:51You know, the damage is immense. They've
- 22:53caused immense damage.
- 22:55To
- 22:55And your family and friends, I mean
- 22:57at the time you were obviously saying,
- 22:59"Look, I'm innocent." Did they all
- 23:00believe you?
- 23:00Yeah. Yeah, I'm sure they did. yeah.
- 23:02Nobody's voice
- 23:03That must have been a source of comfort.
- 23:04Yeah, it was, yeah. Nobody ever said to
- 23:06me we don't believe you, we think you
- 23:07might have done it. Nobody said that.
- 23:09They was all staunch
- 23:11behind me.
- 23:12It's a weird question, I know, but did
- 23:13you take anything from the prison
- 23:14experience? I mean, did you
- 23:16I mean, obviously it's changed you
- 23:18profoundly and you've got to live with
- 23:19it for the rest of your life. There's no
- 23:20getting away from it. Did you
- 23:22Did you learn anything?
- 23:22Did you take anything positive, you
- 23:23mean?
- 23:24Yeah.
- 23:25Uh
- 23:27Do you think you'll ever be able to get
- 23:28to a place where you can think about
- 23:30terrible thing
- 23:32to have to endure. It's hard to put
- 23:34anything positive spin on it, but I did.
- 23:37Uh for example, I I I did an Open
- 23:39University degree in maths and physics.
- 23:41I got that. I got my BSc.
- 23:44Uh and from that I I used that as a
- 23:46springboard to go for a master's
- 23:49in a southern university.
- 23:51Uh but um I had to stop because of the
- 23:53news of the DNA
- 23:55matching an unknown guy.
- 23:57Uh I just couldn't focus anymore, but
- 23:59I've taken
- 24:00I've I've learned a lot about myself.
- 24:02I've learned strengths I never knew I
- 24:03had
- 24:04through through adversity.
- 24:06Sure.
- 24:06You know, like anybody who in a similar
- 24:08situation would.
- 24:09Andy, let me ask you a sort of slightly
- 24:11crappy question that you get asked at
- 24:12careers interviews where you someone
- 24:14says to you, "So, tell me, how do you
- 24:15see yourself in 5 years' time?"
- 24:17yeah.
- 24:17Yeah, and I I'm I'm I'm not quite and I
- 24:19don't mean that in terms of well, I'll
- 24:20be working at a whatever or be a an
- 24:23astrophysicist at some research
- 24:25laboratory.
- 24:25That'll be nice.
- 24:26Yeah, and that'll be great, but I mean,
- 24:27I just wonder what you say how you see
- 24:29kind of life
- 24:30Is it about sleeping well? Is it about
- 24:33What what what is it you yearn for? What
- 24:35is it you crave in life?
- 24:37Yeah, it's actually a good question. Um
- 24:41I want my freedom back fully. Uh I want
- 24:44my economic freedom back.
- 24:46I want my compensation.
- 24:47Just Do you not feel totally free now,
- 24:49even now?
- 24:50Not really, no, because because there's
- 24:52still fights to be fought, you know? So,
- 24:55I'm not free of it. It's not I can't go
- 24:57that's that done.
- 24:58Yeah.
- 24:59I can't.
- 24:59The door hasn't shut yet.
- 25:00No, the door hasn't shut yet. I'm I'm
- 25:02still
- 25:03I'm still, you know, fighting. I'm
- 25:06haunted by it. I think I need therapy,
- 25:08to be honest.
- 25:10Are you going to Are you Are you going
- 25:11to get engaged in therapy?
- 25:13Yeah. Yeah, we're looking into it.
- 25:15Sure.
- 25:15Yeah.
- 25:16And but, you know, but the 5-year view,
- 25:18I mean, you know, hopefully in a year's
- 25:20time maybe these legal battles will be
- 25:22behind you.
- 25:23I hope so.
- 25:24And then
- 25:25you know, kind of after that?
- 25:27Yeah.
- 25:28Uh I want to resume traveling while I'm
- 25:29still able-bodied. I'm getting on a bit.
- 25:31I'm 57 now. You know,
- 25:33I want to travel
- 25:35to lots of places in the world I've
- 25:36never seen before. India, example. I
- 25:39want to go to Australia to see my
- 25:40sisters.
- 25:41I haven't seen them for 33 years.
- 25:43Um I just want to travel and feel that
- 25:46sense of freedom again where, you know,
- 25:49you've got no
- 25:51You got no worries. Brexit I
- 25:54I was a permanent resident in Holland.
- 25:56As 2016 approached, had I not been
- 25:59kidnapped by the UK state, um
- 26:02I would have I would have applied for
- 26:03Dutch nationality, a Dutch passport, and
- 26:05I would have
- 26:06almost certainly have got it because of
- 26:08my
- 26:09my long-standing association.
- 26:11So, I would have been there 25, 30 years
- 26:13by that point. So, um I was robbed of
- 26:16that opportunity to have
- 26:18You know, I don't want to be a UK
- 26:19citizen, to be honest.
- 26:20I don't want to be associated with this
- 26:22country anymore. I would like,
- 26:24ideally, in an ideal world, to have a
- 26:27Dutch passport and be a resume my EU
- 26:30status. I want to be I identify as a
- 26:32European above and beyond being English.
- 26:35But, I'm English by default. I was born
- 26:36here.
- 26:37So, um I would like, if possible, for
- 26:41the um for the ministers this side to
- 26:43contact the ministers on the Dutch side
- 26:46and see if they can
- 26:48perhaps arrange for me a Dutch passport
- 26:51as a as a humanitarian compassionate
- 26:54gesture
- 26:55after what
- 26:56what I've endured and the position it's
- 26:58left me in um not being able to visit
- 27:00Europe for more than 3 months at a time
- 27:01because of Brexit. I should be a Dutch
- 27:04citizen now.
- 27:07Very very best of luck to you. Thank you
- 27:09so much
- 27:10Thank you.
- 27:10for coming in to talk to us.
- 27:12You're welcome.
- 27:12Um
- 27:13and maybe come back and talk to us again
- 27:15a bit further down the road when
- 27:16hopefully some of these things are
- 27:17behind you.
- 27:18Sure. I'd love to.
- 27:20James
- 27:22Let me let us salute you as well for the
- 27:24amazing work
- 27:24indefatigable work
- 27:26Yeah.
- 27:26that you have done on this.
- 27:28The News Agents
- 27:30This is a Global Player original
- 27:32podcast.
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