Detective Diaries - Podcast 'Criminal Defence Investigation'

Podcast

'Criminal Defence'

Private Detectives Harry Watts and Nigel Parsons discuss some of the Criminal Defence cases they have handled. Hear this on the series 'Detective Diaries'

Season 2 Detective Diaries is a fascinating podcast on how a Private Detective investigates Criminal Defence cases, collating evidence and building a file to present in court. Private Investigators Harry Watts and Nigel Parsons talk about cases not only in the , United Kingdom but also abroad in Spain and Europe

Look out for Part 2 coming soon

Hear more anecdotes on other subjects in the series Detective Diaries

Listen on Spotify
----------

Listen on Apple Podcasts
----------

Listen to Detective Diaries on Spotify

Experienced Investigators collating evidence and finding innovative angles in defence of people accused of a crime

Criminal Defence - Private Detective

We have worked on a number of cases in Europe and Morocco on behalf of British and other citizens charged with a crime overseas

Criminal Defence abroad

Hear more episodes about criminal and other investigation in the Podcast series Detective Diaries, available on Spotify, Apple and elsewhere

Private Detective Podcasts - Detective Diaries

Private Detectives working in Criminal Investigation

Private Detective Corporate Surveillance

Private Investigator Hary Watts

Private Detective Harry Watts

Private Detective Nigel Parsons

Nigel Parsons - Private Investigator

TRANSCRIPT

Criminal Defence

Harry Watts and Nigel Parsons

1

00:00:00,000 --> 00:00:05,480

[MUSIC PLAYING]


2

00:00:05,480 --> 00:00:08,480

Welcome to Detective Diaries, brought to you


3

00:00:08,480 --> 00:00:12,360

by Private Detective's Answers investigation.


4

00:00:12,360 --> 00:00:15,080

If you're captivated by the art of deduction,


5

00:00:15,080 --> 00:00:18,960

the thrill of solving unsolvable, or the enigmatic world


6

00:00:18,960 --> 00:00:21,320

of private investigation, you have just


7

00:00:21,320 --> 00:00:24,280

found your new favorite podcast.


8

00:00:24,280 --> 00:00:27,360

Detective Diaries are where secrets are unraveled,


9

00:00:27,360 --> 00:00:29,800

and the truth is always a clue away.


10

00:00:29,800 --> 00:00:33,800

Presented by Private Detectives Answers investigation,


11

00:00:33,800 --> 00:00:36,960

each episode contains off beat conversations


12

00:00:36,960 --> 00:00:39,640

about the real people involved in investigations.


13

00:00:39,640 --> 00:00:49,240

Hey, Harry, how are we doing?


14

00:00:49,240 --> 00:00:52,160

Seems well, since we've sat down and talked about something


15

00:00:52,160 --> 00:00:54,240

for the podcast.


16

00:00:54,240 --> 00:00:55,240

I know, I know.


17

00:00:55,240 --> 00:00:58,600

Ah, it's all just about having a chance to sit down, right?


18

00:00:58,600 --> 00:01:01,480

Yeah, I thought we said 2 O'clock?


19

00:01:01,480 --> 00:01:03,920

I know, just dashing in, just dashing in.


20

00:01:03,920 --> 00:01:06,560

Oh, it always seems a bit mad to me.


21

00:01:06,560 --> 00:01:09,080

We work in the same building, but whenever I am around,


22

00:01:09,080 --> 00:01:12,720

you were dashing out and some job or other,


23

00:01:12,720 --> 00:01:15,760

and same works for me, really.


24

00:01:15,760 --> 00:01:18,000

Yes, never a dull moment, but always difficult to get us


25

00:01:18,000 --> 00:01:19,040

in the same room, isn't it?


26

00:01:19,040 --> 00:01:21,080

Yeah, so what are we going to talk about today?


27

00:01:21,080 --> 00:01:24,960

Yes, so I wanted to explore an area which many private eyes


28

00:01:24,960 --> 00:01:28,520

don't really get involved in, and that's criminal defense.


29

00:01:28,520 --> 00:01:30,880

So for basically, people accused of a crime.


30

00:01:30,880 --> 00:01:33,000

I know you've got probably quite a few stories and annecdotes..

31

00:01:33,000 --> 00:01:35,400

Oh, wow, yeah, that's an aspect.


32

00:01:35,400 --> 00:01:39,000

I really enjoy, it is so often,


33

00:01:39,000 --> 00:01:43,440

methodical and very detail ridden, legal representation


34

00:01:43,440 --> 00:01:48,160

where the person's barrister will deal with a routine legal aspects.


35

00:01:48,160 --> 00:01:51,880

But where we excel is finding the odd angles of evidence


36

00:01:51,880 --> 00:01:54,080

that support the accused's account of things.


37

00:01:54,080 --> 00:01:56,200

I mean, not explaining that very well,


38

00:01:56,200 --> 00:02:00,480

but our job is to make sure that the facts that the defense lawyer


39

00:02:00,480 --> 00:02:06,280

is arguing with, are solid, or poke holes in them if they aren't.


40

00:02:06,280 --> 00:02:08,520

I mean, that takes quite an innovative approach


41

00:02:08,520 --> 00:02:11,240

and thinking out of the box.


42

00:02:11,240 --> 00:02:13,680

Yeah, it's very holistic approach, isn't it, to cases?


43

00:02:13,680 --> 00:02:16,400

Thinking of all the variables and some variables


44

00:02:16,400 --> 00:02:18,040

that perhaps even the legal representation


45

00:02:18,040 --> 00:02:19,280

havent thought of yet.


46

00:02:19,280 --> 00:02:21,440

There's unseen points which we can explore


47

00:02:21,440 --> 00:02:23,200

and hopefully turn into tangible evidence.


48

00:02:23,200 --> 00:02:25,120

Yeah, OK, but before we get into this,


49

00:02:25,120 --> 00:02:28,400

I'd like to make something very clear for people who are listening.


50

00:02:28,400 --> 00:02:31,080

You watch any crime drama, I mean, I watch them.


51

00:02:31,080 --> 00:02:35,040

And inevitably, the private eye is going to stumble across the corpse,


52

00:02:35,040 --> 00:02:39,000

probably tripping over it, but that's drama.


53

00:02:39,000 --> 00:02:41,640

And the perpetrator obviously is going to confess,


54

00:02:41,640 --> 00:02:44,280

right at the very end, but real life,


55

00:02:44,280 --> 00:02:47,800

investigative work simply doesn't happen that way.


56

00:02:47,800 --> 00:02:50,880

I mean, take the UK, for example, last year,


57

00:02:50,880 --> 00:02:54,520

there were just 535 homicides in the country


58

00:02:54,520 --> 00:02:56,880

for a population of nearly 70 million,


59

00:02:56,880 --> 00:02:58,560

I mean, you can do the maths.


60

00:02:58,560 --> 00:03:03,520

The chances of one person being involved in a big crime like that


61

00:03:03,520 --> 00:03:04,360

are minimal.


62

00:03:04,360 --> 00:03:10,200

I mean, of that 535, for example, only 130 were unsolved.


63

00:03:10,200 --> 00:03:12,400

It's a really, really small chance that you


64

00:03:12,400 --> 00:03:14,680

are going to trip over the corpse, whether you


65

00:03:14,680 --> 00:03:16,840

are a private eye or not.


66

00:03:16,840 --> 00:03:20,760

What is our reality is the multitude of non-violent crimes


67

00:03:20,760 --> 00:03:22,960

of which people are accused, and often


68

00:03:22,960 --> 00:03:26,920

without viable defense, that's where we come in.


69

00:03:26,920 --> 00:03:29,600

I mean, as a company, we're not restricted to the UK.


70

00:03:29,600 --> 00:03:32,000

We've handled cases in Britain.


71

00:03:32,000 --> 00:03:34,920

We've also worked for people accused abroad, in Spain,


72

00:03:34,920 --> 00:03:38,000

in Morocco, in Romania, and elsewhere.


73

00:03:38,000 --> 00:03:39,360

So go on then, time for an anecdote.


74

00:03:39,360 --> 00:03:42,400

What's a case, you and your colleagues, been involved in?


75

00:03:42,400 --> 00:03:44,640

Oh, absolutely, but no name's involved,


76

00:03:44,640 --> 00:03:48,440

although the case did make the BBC news, which is why I can't


77

00:03:48,440 --> 00:03:50,880

sort of name too many people.


78

00:03:50,880 --> 00:03:52,000

OK, here goes.


79

00:03:52,000 --> 00:03:53,880

Bit of background first.


80

00:03:53,880 --> 00:03:57,080

We've got three lads who spend a week on holiday in Spain.


81

00:03:57,080 --> 00:04:00,760

They stay in an apartment, which is owned by one of their mothers.


82

00:04:00,760 --> 00:04:04,240

They're good lads, not trouble makers, grown up together,


83

00:04:04,240 --> 00:04:05,480

a week enjoying the sun.


84

00:04:05,480 --> 00:04:07,560

They spend a lot of time on a local bar strip


85

00:04:07,560 --> 00:04:10,680

and became well-known in one of the local bars.


86

00:04:10,680 --> 00:04:13,040

On the last night of their holiday,


87

00:04:13,040 --> 00:04:14,720

they go out for the evening, return


88

00:04:14,720 --> 00:04:17,760

by taxi to their apartment on the same night


89

00:04:17,760 --> 00:04:21,160

Two people were allegedly stabbed in a bar,


90

00:04:21,160 --> 00:04:24,840

300 metres away from where they'd been.


91

00:04:24,840 --> 00:04:27,880

When leaving the next day to return to the UK,


92

00:04:27,880 --> 00:04:30,960

two of them get themselves arrested at the airport


93

00:04:30,960 --> 00:04:35,080

on a charge of attempted murder.


94

00:04:35,080 --> 00:04:38,240

That had come about as a result of a witness identification,


95

00:04:38,240 --> 00:04:41,920

the witness had pointed them out from behind one way glass.


96

00:04:41,920 --> 00:04:45,600

Their friend was allowed to return home to the UK.


97

00:04:45,600 --> 00:04:48,800

Now, the Spanish judicial system allows a person's arrested


98

00:04:48,800 --> 00:04:54,320

for serious crime to be imprisoned without charge for up to four years.


99

00:04:54,320 --> 00:04:57,320

Five bail hearings were refused,


100

00:04:57,320 --> 00:04:59,480

and both of the lads remained imprisoned,


101

00:04:59,480 --> 00:05:02,520

and it was not  pleasant. Spanish prisons


102

00:05:02,520 --> 00:05:07,560

and not a place you wish to be incarcerated, if anywhere.


103

00:05:07,560 --> 00:05:09,800

The only evidence in support of their innocence


104

00:05:09,800 --> 00:05:12,160

that they could present was their own statements


105

00:05:12,160 --> 00:05:13,720

and those of their friend,


106

00:05:13,720 --> 00:05:15,120

together with a digital camera,


107

00:05:15,120 --> 00:05:17,600

the photographs of which while not placing them


108

00:05:17,600 --> 00:05:19,960

elsewhere at the time of the incident,


109

00:05:19,960 --> 00:05:24,320

did support all their statements about their movements beforehand.


110

00:05:24,320 --> 00:05:27,400

Repeated bail applications were refused,


111

00:05:27,400 --> 00:05:31,400

and they were left in the discomfort of the nearby prison.


112

00:05:31,400 --> 00:05:35,320

We were asked to investigate with a view to obtaining evidence


113

00:05:35,320 --> 00:05:38,160

that would support the account of their movements.


114

00:05:38,160 --> 00:05:40,800

A number of people will be able to give an independent


115

00:05:40,800 --> 00:05:43,920

account of their own interaction with the boys.


116

00:05:43,920 --> 00:05:47,000

We were asked to investigate, that's answers investigation,


117

00:05:47,000 --> 00:05:50,640

with a view to obtain evidence that would support their account


118

00:05:50,640 --> 00:05:52,200

of their movements.


119

00:05:52,200 --> 00:05:55,080

A number of people will be able to give an independent account


120

00:05:55,080 --> 00:05:57,520

of their own interaction with the boys,


121

00:05:57,520 --> 00:06:00,680

notwithstanding the small matter of identifying them,


122

00:06:00,680 --> 00:06:02,960

locating them and interviewing them.


123

00:06:02,960 --> 00:06:05,720

I mean the witnesses in bulk.


124

00:06:05,720 --> 00:06:08,360

A lot of research was conducted from the UK


125

00:06:08,360 --> 00:06:12,160

looking at the bars concerned, the area, people,


126

00:06:12,160 --> 00:06:14,320

including the alleged victims,


127

00:06:14,320 --> 00:06:18,320

and the potential for exploring new evidence.


128

00:06:18,320 --> 00:06:19,960

Their defence was straight forward,


129

00:06:19,960 --> 00:06:22,360

but very difficult to substantiate.


130

00:06:22,360 --> 00:06:25,160

Simply, they had not visited the bar


131

00:06:25,160 --> 00:06:27,240

where the incident occurred at all.


132

00:06:27,240 --> 00:06:30,360

Did not meet the victims, or have anything to do


133

00:06:30,360 --> 00:06:32,560

with a former incident, whereby customers


134

00:06:32,560 --> 00:06:34,760

have been allegedly ejected from that bar


135

00:06:34,760 --> 00:06:37,320

for taking cocaine in the toilets,


136

00:06:37,320 --> 00:06:41,160

or the alleged return of those customers for revenge,


137

00:06:41,160 --> 00:06:44,280

which is what they were accused of being.


138

00:06:44,280 --> 00:06:47,760

Conscious, I'm not explaining this over well, but I'll try.


139

00:06:47,760 --> 00:06:50,520

They also did not own or rent,


140

00:06:50,520 --> 00:06:53,400

the black Seat Leon, which was seen


141

00:06:53,400 --> 00:06:57,080

and allegedly being used to make a  getaway


142

00:06:57,080 --> 00:06:59,560

having been damaged in the process.


143

00:06:59,560 --> 00:07:01,000

Well, that's quite  a significant matter.


144

00:07:01,000 --> 00:07:03,840

I mean, how was the car supposedly damaged?


145

00:07:03,840 --> 00:07:06,520

Well, one of the witnesses to the crime


146

00:07:06,520 --> 00:07:08,880

claims to have thrown a bar stall at it,


147

00:07:08,880 --> 00:07:10,000

breaking the rear window.


148

00:07:10,000 --> 00:07:11,640

I mean, it all sounds very dramatic.


149

00:07:11,640 --> 00:07:14,480

It sounds like a crime drama now.


150

00:07:14,480 --> 00:07:19,160

But at the time of the crime, our boys, our lads,


151

00:07:19,160 --> 00:07:21,200

they were at home in their own apartment,


152

00:07:21,200 --> 00:07:23,960

which belonged to one of their parents,


153

00:07:23,960 --> 00:07:26,320

Having researched and met with a number of witnesses


154

00:07:26,320 --> 00:07:30,240

in the UK who had been in the area and at locations,


155

00:07:30,240 --> 00:07:34,200

we began to build a timeline for not only the accused,


156

00:07:34,200 --> 00:07:36,640

but also their friend and the victims


157

00:07:36,640 --> 00:07:40,720

in order to substantiate their own account of their movements


158

00:07:40,720 --> 00:07:44,560

before and after the incident.


159

00:07:44,560 --> 00:07:48,040

Three of us visited the area, which enabled other evidence


160

00:07:48,040 --> 00:07:50,560

to be substantiated.


161

00:07:50,560 --> 00:07:53,760

We identified from research further witnesses


162

00:07:53,760 --> 00:07:56,240

as a result of local inquiries there.


163

00:07:56,240 --> 00:07:58,520

More witness statements were obtained.


164

00:07:58,520 --> 00:08:01,320

I think we took 13 in three days.


165

00:08:01,320 --> 00:08:05,680

And other leads gained, which would identify further witnesses


166

00:08:05,680 --> 00:08:08,960

who had since returned to the UK, bear in mind.


167

00:08:08,960 --> 00:08:11,000

this is very much a holiday area.


168

00:08:11,000 --> 00:08:13,120

A lot of the people there had been British,


169

00:08:13,120 --> 00:08:18,080

and of course they'd gone home after the first time.


170

00:08:18,080 --> 00:08:21,800

One of our first actions was to interview the friend


171

00:08:21,800 --> 00:08:26,560

who had been on holiday, the one who had not been arrested.


172

00:08:26,560 --> 00:08:28,840

The only statement that had been taken from him


173

00:08:28,840 --> 00:08:30,080

had been in Spain.


174

00:08:30,080 --> 00:08:32,720

It had been a very brief one, through an interpreter,


175

00:08:32,720 --> 00:08:34,960

who was apparently not very good.


176

00:08:34,960 --> 00:08:39,560

While he was there in Spain, he was able to give an account to us


177

00:08:39,560 --> 00:08:43,040

where one of the accused had been at the time of the incident,


178

00:08:43,040 --> 00:08:45,800

which helped us to build, together with statements


179

00:08:45,800 --> 00:08:50,200

of other witnesses from whom we had researched, identified,


180

00:08:50,200 --> 00:08:53,280

located, interviewed.


181

00:08:53,280 --> 00:08:55,920

He was able to give us a full account of his movements


182

00:08:55,920 --> 00:08:59,560

over a 36 hour period, none of which placed him anywhere


183

00:08:59,560 --> 00:09:03,520

near the scene or his friends.


184

00:09:03,520 --> 00:09:06,080

We've taken a full and comprehensive statement,


185

00:09:06,080 --> 00:09:10,880

however, it remained difficult to independently verify it.


186

00:09:10,880 --> 00:09:13,360

I imagine that verification is quite crucial here.


187

00:09:13,360 --> 00:09:14,160

Oh, absolutely.


188

00:09:14,160 --> 00:09:16,760

Spanish police refused to accept any statement


189

00:09:16,760 --> 00:09:20,960

evidence, saying it wasn't supported.


190

00:09:20,960 --> 00:09:24,320

So one of the items that had been presented in evidence


191

00:09:24,320 --> 00:09:26,600

was a digital camera.


192

00:09:26,600 --> 00:09:29,640

It belonged to the friend who was on holiday with him.


193

00:09:29,640 --> 00:09:32,080

So he still had it.


194

00:09:32,080 --> 00:09:36,080

We took about 250 odd photographs off it, which


195

00:09:36,080 --> 00:09:37,640

span the period of their visit.


196

00:09:37,640 --> 00:09:40,160

And it substantiated the movements and  everything


197

00:09:40,160 --> 00:09:42,400

that they had, you know, legitimately,


198

00:09:42,400 --> 00:09:44,520

and honestly said.


199

00:09:44,520 --> 00:09:48,240

The photographs retained date and time properties.


200

00:09:48,240 --> 00:09:50,640

However, the police response, they just


201

00:09:50,640 --> 00:09:53,160

turned round and said, oh, well, that could have been amended.


202

00:09:53,160 --> 00:09:54,320

It could have been changed.


203

00:09:54,320 --> 00:09:55,440

It could have been altered.


204

00:09:55,440 --> 00:09:58,360

So they didn't accept it.


205

00:09:58,360 --> 00:10:00,200

Important thing was to substantiate


206

00:10:00,200 --> 00:10:03,480

that those photographs were taken at the time that they said


207

00:10:03,480 --> 00:10:04,480

that were.


208

00:10:04,480 --> 00:10:08,680

So combining examination of the camera


209

00:10:08,680 --> 00:10:10,800

with visits to the locations, we were


210

00:10:10,800 --> 00:10:13,880

able to produce calculations that substantiated


211

00:10:13,880 --> 00:10:17,040

that time and date properties, verified the times


212

00:10:17,040 --> 00:10:19,120

and the dates on the pictures, and 


213

00:10:19,120 --> 00:10:21,00

therefore made it admissible.


214

00:10:21,000 --> 00:10:22,880

I can see the complexity arriving here.


215

00:10:22,880 --> 00:10:26,080

How do you even go about making those calculations?


216

00:10:26,080 --> 00:10:26,680

OK.


217

00:10:26,680 --> 00:10:29,960

Now you are really taxing my ability to explain something.


218

00:10:29,960 --> 00:10:33,440

But I'll try to explain it simply.


219

00:10:33,440 --> 00:10:36,200

Right, before we traveled Spain, we had a download


220

00:10:36,200 --> 00:10:39,320

for the digital camera, and we extracted all the time


221

00:10:39,320 --> 00:10:41,720

and date properties.


222

00:10:41,720 --> 00:10:44,120

When I happened to be doing some computer forensic


223

00:10:44,120 --> 00:10:46,720

 work with a colleague on another issue,


224

00:10:46,720 --> 00:10:48,840

and he's all abput  computer forensics, he's got


225

00:10:48,840 --> 00:10:51,120

a very analytical brain.


226

00:10:51,120 --> 00:10:53,400

And he showed me access to a website that


227

00:10:53,400 --> 00:10:57,320

can produce shadow calculations.


228

00:10:57,320 --> 00:10:59,000

Essentially, it is this.


229

00:10:59,000 --> 00:11:02,360

If, and this is where I'll try to put this simply,


230

00:11:02,360 --> 00:11:08,600

if, say, you have Object A, that is 2 meters tall in the sun,


231

00:11:08,600 --> 00:11:13,040

at say 11 a.m. local time, on the 15th of July,


232

00:11:13,040 --> 00:11:16,520

at a set coordinate, latitude and longitude,


233

00:11:16,520 --> 00:11:18,960

the shadow will be, say, 1 meter tall.


234

00:11:18,960 --> 00:11:19,440

OK.


235

00:11:19,440 --> 00:11:20,600

Got it?


236

00:11:20,600 --> 00:11:21,600

Right.


237

00:11:21,600 --> 00:11:23,320

The website I'm talking about, and 


238

00:11:23,320 --> 00:11:27,040

there are others, shows the factor of any time and date


239

00:11:27,040 --> 00:11:31,240

by inputting the date, the time, the same coordinates.


240

00:11:31,240 --> 00:11:34,960

So, for example, perhaps showing that the same object


241

00:11:34,960 --> 00:11:37,680

in the same place on the 15th of December,


242

00:11:37,680 --> 00:11:42,360

not the 15th of July, will have a shadow that is, say, 0.55,


243

00:11:42,360 --> 00:11:46,720

the length of the shadow measured on the 15th of July,


244

00:11:46,720 --> 00:11:49,960

or whatever the variance is.


245

00:11:49,960 --> 00:11:51,240

I'm struggling.


246

00:11:51,240 --> 00:11:51,840

OK.


247

00:11:51,840 --> 00:11:56,480

If you put the objects at the same height in the same place,


248

00:11:56,480 --> 00:12:01,160

but on a different day and time, that shadow calculation


249

00:12:01,160 --> 00:12:04,000

would be that for the original 1 meter shadow,


250

00:12:04,000 --> 00:12:07,200

the shadow should be 55 centimeters,


251

00:12:07,200 --> 00:12:10,200

all that factor of 0.55.


252

00:12:10,200 --> 00:12:10,480

OK.


253

00:12:10,480 --> 00:12:12,440

I know that's a little bit confusing.


254

00:12:12,440 --> 00:12:14,080

OK.


255

00:12:14,080 --> 00:12:17,840

Essentially, we visited the  location of 2 of the photographs.


256

00:12:17,840 --> 00:12:19,360

One was on the roof of the apartment,


257

00:12:19,360 --> 00:12:21,600

block so that was easy, and the other one


258

00:12:21,600 --> 00:12:25,280

the streets on route to a place they had visited.


259

00:12:25,280 --> 00:12:28,000

One of the photographs on the roof had been of the lad


260

00:12:28,000 --> 00:12:32,280

who wasn't arrested, so we knew his exact height.


261

00:12:32,280 --> 00:12:35,200

We measured his exact height.


262

00:12:35,200 --> 00:12:37,680

And could then measure the shadow of something


263

00:12:37,680 --> 00:12:40,720

of the same height, noting the date and time


264

00:12:40,720 --> 00:12:43,600

when we took a reconstructive photograph.


265

00:12:43,600 --> 00:12:45,600

Right.


266

00:12:45,600 --> 00:12:48,560

The other was a shadow of a three-storey building.


267

00:12:48,560 --> 00:12:50,880

Now, to find out the height of the building,


268

00:12:50,880 --> 00:12:52,680

because it's three-storey's high,


269

00:12:52,680 --> 00:12:55,080

we can't exactly get a tape measure of it.


270

00:12:55,080 --> 00:12:57,480

I managed to gain  access to the roof, which


271

00:12:57,480 --> 00:13:00,560

I won't talk about.


272

00:13:00,560 --> 00:13:02,880

having got on top of the roof.


273

00:13:02,880 --> 00:13:06,400

Leaned out, used a laser measure.


274

00:13:06,400 --> 00:13:09,240

You know, one of those red'liney' things.


275

00:13:09,240 --> 00:13:10,760

I'm with you.


276

00:13:10,760 --> 00:13:12,960

I'm sure it's got a technical name,


277

00:13:12,960 --> 00:13:14,600

but to measure the height.


278

00:13:14,600 --> 00:13:16,760

So using mathematics, we could assess


279

00:13:16,760 --> 00:13:21,280

the length of its shadow in the donor photograph.


280

00:13:21,280 --> 00:13:22,640

Do you remember a Pythagoras?


281

00:13:22,640 --> 00:13:23,440

Pythagoras theorem.


282

00:13:23,440 --> 00:13:23,920

OK.


283

00:13:23,920 --> 00:13:26,080

You know, there's some two sides and so forth,


284

00:13:26,080 --> 00:13:28,120

and worked all that angle out.


285

00:13:28,120 --> 00:13:31,120

Can work out how long that original shadow was.


286

00:13:31,120 --> 00:13:37,280

Reconstructed it, compared the two, got the factor, OK?


287

00:13:37,280 --> 00:13:39,400

I'm with you.


288

00:13:39,400 --> 00:13:42,240

You're very much explaining and demonstrating this unorthodox


289

00:13:42,240 --> 00:13:43,040

solution here.


290

00:13:43,040 --> 00:13:46,040

I mean, what does the upshot and conclusion get to, then?


291

00:13:46,040 --> 00:13:47,040

OK.


292

00:13:47,040 --> 00:13:49,920

Our calculations. I'm so proud of you.


293

00:13:49,920 --> 00:13:55,240

Our calculations were 99.8% accurate.


294

00:13:55,240 --> 00:13:56,080

Excellent.


295

00:13:56,080 --> 00:14:00,280

Proving that the evidential photographs were taken


296

00:14:00,280 --> 00:14:03,080

at the time that they were said to have been done,


297

00:14:03,080 --> 00:14:06,400

and it could not be refuted.


298

00:14:06,400 --> 00:14:08,760

I'm not sure the Spanish judge quite got it,


299

00:14:08,760 --> 00:14:11,840

but there was a lot of supportive material


300

00:14:11,840 --> 00:14:14,920

that went in, and that evidnece then  went in at the next bail,


301

00:14:14,920 --> 00:14:16,080

hearing.


302

00:14:16,080 --> 00:14:19,080

So what other evidence was there?


303

00:14:19,080 --> 00:14:20,080

Right.


304

00:14:20,080 --> 00:14:21,080

OK.


305

00:14:21,080 --> 00:14:22,080

Go back.


306

00:14:22,080 --> 00:14:24,080

Do you remember what I was saying about inconsequential detail?


307

00:14:24,080 --> 00:14:27,000

It's so often when we take a witness statement,


308

00:14:27,000 --> 00:14:29,040

and we're very good at it, one of my colleagues 


309

00:14:29,040 --> 00:14:30,200

is absolutely fantastic.


310

00:14:30,200 --> 00:14:31,400

he's done it for years.


311

00:14:31,400 --> 00:14:34,880

It's getting those little things out of somebody.


312

00:14:34,880 --> 00:14:36,520

 everybody remembers that big event.


313

00:14:36,520 --> 00:14:39,360

It's what was happening around, and I don't know,


314

00:14:39,360 --> 00:14:42,480

what sort of scarf somebody was wearing.


315

00:14:42,480 --> 00:14:45,680

They're the things that lead authenticity to anyone's


316

00:14:45,680 --> 00:14:47,280

testimony.


317

00:14:47,280 --> 00:14:51,480

The common scene you'll see in TV dramas is a suspect in an interview


318

00:14:51,480 --> 00:14:52,080

room.


319

00:14:52,080 --> 00:14:54,120

He's being interviewed by the police.


320

00:14:54,120 --> 00:14:57,240

He says, oh, I was watching television last night.


321

00:14:57,240 --> 00:15:00,280

immediate question that interviewer will ever commonly


322

00:15:00,280 --> 00:15:02,440

ask, is what was on, what was the program on?


323

00:15:02,440 --> 00:15:03,720

Because it kind of substantiates.


324

00:15:03,720 --> 00:15:05,200

If he knows it, if he doesn't know it,


325

00:15:05,200 --> 00:15:09,160

it's more important because he's trying to catch him out.


326

00:15:09,160 --> 00:15:14,680

An incidental comment in the friend's witness statement


327

00:15:14,680 --> 00:15:15,920

that we took.


328

00:15:15,920 --> 00:15:19,240

It took a long time, very detailed.


329

00:15:19,240 --> 00:15:24,040

But an incidental comment he made was that he had been talking


330

00:15:24,040 --> 00:15:27,880

with one of the accused in their apartment at the time


331

00:15:27,880 --> 00:15:30,840

of the incident, and that there  other friend that


332

00:15:30,840 --> 00:15:31,760

had been asleep.


333

00:15:31,760 --> 00:15:33,560

They'd heard him snoring.


334

00:15:33,560 --> 00:15:37,040

And the apartment was some 10 kilometers distant


335

00:15:37,040 --> 00:15:38,520

from the incident scene.


336

00:15:38,520 --> 00:15:39,680

Bear in mind they havent got a car.


337

00:15:39,680 --> 00:15:41,480

apart from this legend 


338

00:15:41,480 --> 00:15:42,200

Black Seat Leon.


339

00:15:42,200 --> 00:15:45,600

which  seems to be a matter of fiction.


340

00:15:45,600 --> 00:15:48,440

While the friends talk, they'd been aware of the apartment


341

00:15:48,440 --> 00:15:51,680

TV on in the background, they weren't watching it.


342

00:15:51,680 --> 00:15:53,720

And while they weren't watching it,


343

00:15:53,720 --> 00:15:55,600

they were aware of  the film that was on.


344

00:15:55,600 --> 00:15:56,880

And it's-- you know, after a while he said --


345

00:15:56,880 --> 00:15:58,880

oh, I think it was that film, George Clooney,


346

00:15:58,880 --> 00:16:02,840

the three kings, that that was playing.


347

00:16:02,840 --> 00:16:06,880

When we were in Spain, we got access to the apartment TV,


348

00:16:06,880 --> 00:16:09,120

got all the menu and so forth, up on it.


349

00:16:09,120 --> 00:16:13,160

And we were able to verify what television channels


350

00:16:13,160 --> 00:16:15,240

that it could obtain.


351

00:16:15,240 --> 00:16:21,560

And with a bit of research going back over a prior TV


352

00:16:21,560 --> 00:16:23,720

schedules, guess what?


353

00:16:23,720 --> 00:16:27,840

TV2, at the time they were saying, 'three kings' was the program


354

00:16:27,840 --> 00:16:29,920

that they had broadcast on that night.


355

00:16:29,920 --> 00:16:31,240

And we could show that.


356

00:16:31,240 --> 00:16:35,920

we took snapshots of the  screen and in the program listings.


357

00:16:35,920 --> 00:16:38,360

On top of that, we also tracked down, I think,


358

00:16:38,360 --> 00:16:41,640

it was about 13 witnesses, that the authorities had failed


359

00:16:41,640 --> 00:16:44,800

to find or, is it, you know, let alone interview?


360

00:16:44,800 --> 00:16:48,200

And all of them corroborated the boys' story.


361

00:16:48,200 --> 00:16:50,120

So quite substantial amount of work.


362

00:16:50,120 --> 00:16:51,640

What's the outcome then?


363

00:16:51,640 --> 00:16:54,720

Well, in a movie there'd be some dramatic ending,


364

00:16:54,720 --> 00:16:57,800

there never is one in real life.


365

00:16:57,800 --> 00:16:59,040

The authorities wouldn't give way.


366

00:16:59,040 --> 00:17:02,520

However, with a change of lawyer, supported by our evidence


367

00:17:02,520 --> 00:17:06,400

and our findings, both of the accused were released from prison


368

00:17:06,400 --> 00:17:09,240

after what was the seventh bail hearing,


369

00:17:09,240 --> 00:17:11,480

they were never subjected to trial.


370

00:17:11,480 --> 00:17:14,640

But, under Spanish law remained on bail.


371

00:17:14,640 --> 00:17:16,800

It's ridiculous for up to four years and even then


372

00:17:16,800 --> 00:17:18,360

it can just renew it.


373

00:17:18,360 --> 00:17:22,000

However, eventually, they were thankfully allowed


374

00:17:22,000 --> 00:17:24,720

to return to the UK.


375

00:17:24,720 --> 00:17:27,360

You make it seem almost straightforward.


376

00:17:27,360 --> 00:17:29,720

What, with that convoluted explanation?


377

00:17:29,720 --> 00:17:30,800

No, I don't think so.


378

00:17:30,800 --> 00:17:31,720

I mean, it wasn't.


379

00:17:31,720 --> 00:17:35,000

There was weeks of intensive work involved.


380

00:17:35,000 --> 00:17:38,440

Turning the sparse evidence over, looking for a route.


381

00:17:38,440 --> 00:17:41,800

While we did visit Spain, we had to, to see the Locals,


382

00:17:41,800 --> 00:17:43,800

to interview witnesses there.


383

00:17:43,800 --> 00:17:46,680

The intensity was demonstrated when we were there


384

00:17:46,680 --> 00:17:48,720

by the fact that the end of the trip,


385

00:17:48,720 --> 00:17:51,640

we realised that not one of us had actually seen the sea,


386

00:17:51,640 --> 00:17:54,480

which was 100 metres away.


387

00:17:54,480 --> 00:17:57,560

And, seriously, we were doing like 16 hours a day on it.


388

00:17:57,560 --> 00:18:00,160

So heavily involved, I can imagine?


389

00:18:00,160 --> 00:18:04,200

Anyway, Harry, come on, you must have a tale to tell, your turn.


390

00:18:04,200 --> 00:18:05,800

Do you know what, actually, I was thinking about this


391

00:18:05,800 --> 00:18:08,800

as we were listening to your rather wonderful story there.


392

00:18:08,800 --> 00:18:12,440

I remember a fairly significant case which we were involved in.


393

00:18:12,440 --> 00:18:15,560

We were tasked by legal counsel, essentially, to assist


394

00:18:15,560 --> 00:18:19,840

in obtaining evidence for an accused yacht club member.


395

00:18:19,840 --> 00:18:23,040

It was a fairly prestigious yacht club in central London


396

00:18:23,040 --> 00:18:26,720

and the accused, the male, was stated to have sexually assaulted


397

00:18:26,720 --> 00:18:27,880

another female member.


398

00:18:27,880 --> 00:18:30,160

So you could imagine quite alarming statements


399

00:18:30,160 --> 00:18:31,920

from the offset there.


400

00:18:31,920 --> 00:18:34,240

Essentially, obviously, in sensitivity, utmost,


401

00:18:34,240 --> 00:18:36,080

importance, we need to obtain the evidence,


402

00:18:36,080 --> 00:18:39,080

but factoring the significance of those allegations as well.


403

00:18:39,080 --> 00:18:41,240

So we obtained the report of the accused,


404

00:18:41,240 --> 00:18:42,920

essentially giving an account...


405

00:18:42,920 --> 00:18:45,320

Hang on a minute, hang on a minute, sorry.


406

00:18:45,320 --> 00:18:48,080

He's sexually assaulted her.


407

00:18:48,080 --> 00:18:51,160

I mean, without getting us X rated, how?


408

00:18:51,160 --> 00:18:53,840

Yeah, we've got to keep us on air somehow, while saying this.


409

00:18:53,840 --> 00:18:58,360

Yeah, so essentially involved the accused putting his hand


410

00:18:58,360 --> 00:19:02,480

underneath and between the lady, the victim's skirt,


411

00:19:02,480 --> 00:19:05,920

essentially placing his hand on her lower area, let's say,


412

00:19:05,920 --> 00:19:07,480

her crotch.


413

00:19:07,480 --> 00:19:10,120

So what, and this is just like a yacht club or...


414

00:19:10,120 --> 00:19:14,680

Very prestigious yacht club happening right outside the front door


415

00:19:14,680 --> 00:19:17,960

and essentially involving members there as well.


416

00:19:17,960 --> 00:19:19,760

OK, was he drunk?


417

00:19:19,760 --> 00:19:21,200

Lots of...


418

00:19:21,200 --> 00:19:23,240

Lots of alcoholic drinks, ok another subject.


419

00:19:23,240 --> 00:19:24,760

All right, so anyway, sorry.


420

00:19:24,760 --> 00:19:26,080

You carry on, I interrupted.


421

00:19:26,080 --> 00:19:27,720

No, that's OK, I interrupted.


422

00:19:27,720 --> 00:19:29,120

So of course, we get this account


423

00:19:29,120 --> 00:19:32,040

and the thing I should stress to listeners out there,


424

00:19:32,040 --> 00:19:34,720

because we are on the side of the accused here in the sense


425

00:19:34,720 --> 00:19:36,840

of we are obtaining evidence for them.


426

00:19:36,840 --> 00:19:39,440

You must understand it from both sides of the coin.


427

00:19:39,440 --> 00:19:40,680

So how do you do that?


428

00:19:40,680 --> 00:19:44,200

Well, we start off by going to the yacht club itself.


429

00:19:44,200 --> 00:19:45,760

Essentially, go on the grounds,


430

00:19:45,760 --> 00:19:47,880

trying to speak with managerial staff there


431

00:19:47,880 --> 00:19:50,800

and it was very, very clear from the offset


432

00:19:50,800 --> 00:19:53,560

that the yacht club was essentially protecting itself,


433

00:19:53,560 --> 00:19:55,760

being quite uncooperative,


434

00:19:55,760 --> 00:19:57,440

not providing people to speak with,


435

00:19:57,440 --> 00:19:59,280

specifically, you know, managers.


436

00:19:59,280 --> 00:20:02,120

We did eventually get to speak to one of the executives.


437

00:20:02,120 --> 00:20:05,160

Oh, let me guess, it's not the club's policy.


438

00:20:05,160 --> 00:20:07,600

It's not the club's policy, exactly.


439

00:20:07,600 --> 00:20:10,040

It's not our problem as well, unfortunately.


440

00:20:10,040 --> 00:20:11,720

So you do get a lot of that.


441

00:20:11,720 --> 00:20:14,560

So essentially, when we're speaking with the managerial staff,


442

00:20:14,560 --> 00:20:17,520

they said that they have a CCTV camera.


443

00:20:17,520 --> 00:20:19,600

And this was something we noted when we got the schematic


444

00:20:19,600 --> 00:20:21,720

of the building, you know, obviously cameras,


445

00:20:21,720 --> 00:20:23,400

not necessarily on the yacht club as well.


446

00:20:23,400 --> 00:20:25,080

You obviously look at the opposite side of the road


447

00:20:25,080 --> 00:20:26,080

to see if there's any coverage,


448

00:20:26,080 --> 00:20:30,080

but it came down to this one camera at the yacht club.


449

00:20:30,080 --> 00:20:32,320

A rather, convenient statement was made essentially


450

00:20:32,320 --> 00:20:35,520

saying that the CCTV camera was not theirs


451

00:20:35,520 --> 00:20:38,320

and that it belonged to the adjacent embassy.


452

00:20:38,320 --> 00:20:40,440

So of course, we need to go and speak to this embassy.


453

00:20:40,440 --> 00:20:42,600

Oh, I wont ask which embassy.


454

00:20:42,600 --> 00:20:45,200

Yes, I'm not going to log in a real name that one,


455

00:20:45,200 --> 00:20:47,440

I think, maybe a little bit too.


456

00:20:47,440 --> 00:20:50,760

So of course, you take this information, it wasn't the Russians,


457

00:20:50,760 --> 00:20:51,600

was it?


458

00:20:51,600 --> 00:20:52,600

No, it wasn't the Russians.


459

00:20:52,600 --> 00:20:53,440

No we're thankful here.


460

00:20:53,440 --> 00:20:56,160

Should I stop interrupting?


461

00:20:56,160 --> 00:20:58,880

So we have this information in mind, approached the embassy,


462

00:20:58,880 --> 00:20:59,960

discussed the camera.


463

00:20:59,960 --> 00:21:01,840

And essentially, that takes a bit of time.


464

00:21:01,840 --> 00:21:03,480

Embassy's are quite secure places.


465

00:21:03,480 --> 00:21:04,920

I know you've had experience in working


466

00:21:04,920 --> 00:21:06,600

with some of them as well.


467

00:21:06,600 --> 00:21:08,400

It takes a little bit of time to get in and speak


468

00:21:08,400 --> 00:21:10,480

to the right people.


469

00:21:10,480 --> 00:21:13,440

Once we did, we got to speak to the head of security


470

00:21:13,440 --> 00:21:15,880

and explained the severity of the situation.


471

00:21:15,880 --> 00:21:18,360

He agreed to show us all of the camera footage


472

00:21:18,360 --> 00:21:19,480

from the building.


473

00:21:19,480 --> 00:21:23,000

As it turns out, that camera belonged to the yacht club.


474

00:21:23,000 --> 00:21:24,960

We had been lied to.


475

00:21:24,960 --> 00:21:26,280

And obviously, very interesting when


476

00:21:26,280 --> 00:21:28,560

querying the specific camera with the club,


477

00:21:28,560 --> 00:21:31,400

how all the comments were made very quickly to say,


478

00:21:31,400 --> 00:21:32,640

it's not ours at all.


479

00:21:32,640 --> 00:21:34,240

So hang on a minute.


480

00:21:34,240 --> 00:21:38,840

So there's one camera, which has got whatever happened on it.


481

00:21:38,840 --> 00:21:41,480

They say it's not theirs.


482

00:21:41,480 --> 00:21:44,320

And the embassy, taking on a tour around,


483

00:21:44,320 --> 00:21:45,760

a guest on the outside of the building--


484

00:21:45,760 --> 00:21:46,280

Absolutely.


485

00:21:46,280 --> 00:21:48,520

--and the head of security, who I would imagine


486

00:21:48,520 --> 00:21:51,240

is somebody who really knows what they are doing, says,


487

00:21:51,240 --> 00:21:52,840

no, that's not our camera.


488

00:21:52,840 --> 00:21:54,120

Not their camera at all.


489

00:21:54,120 --> 00:21:54,720

OK.


490

00:21:54,720 --> 00:21:56,080

And it's quite interesting, because you can take


491

00:21:56,080 --> 00:21:58,280

the authority of that person, seeing as the embassy,


492

00:21:58,280 --> 00:22:01,440

actually owned the building to the yacht club as well.


493

00:22:01,440 --> 00:22:03,360

So they had all of this information.


494

00:22:03,360 --> 00:22:05,160

They knew exactly what was going on.


495

00:22:05,160 --> 00:22:07,760

And of course, yes, we have been lied to.


496

00:22:07,760 --> 00:22:09,720

So we go back to the yacht club, of course.


497

00:22:09,720 --> 00:22:14,000

You can imagine their faces when we start trying to burst in.


498

00:22:14,000 --> 00:22:16,640

They essentially refused to let us gain any 


499

00:22:16,640 --> 00:22:18,760

entry to the property, refused to speak with us,


500

00:22:18,760 --> 00:22:21,600

prevented any further inquiries being conducted on site.


501

00:22:21,600 --> 00:22:23,160

But of course, much to their surprise,


502

00:22:23,160 --> 00:22:24,920

we'd actually done that work already,


503

00:22:24,920 --> 00:22:27,200

obtained the witness statements from the hospitality staff


504

00:22:27,200 --> 00:22:29,920

who had worked on the evening in question.


505

00:22:29,920 --> 00:22:32,200

So it makes the evidence that they've probably


506

00:22:32,200 --> 00:22:34,360

given them a little bit weak.


507

00:22:34,360 --> 00:22:35,600

Exactly, exactly.


508

00:22:35,600 --> 00:22:36,240

OK.


509

00:22:36,240 --> 00:22:38,480

So the thing is, of course, you've got to bring everything


510

00:22:38,480 --> 00:22:42,520

into question, but when you've got quite an uncooperative site,


511

00:22:42,520 --> 00:22:44,240

it does start raising suspicions.


512

00:22:44,240 --> 00:22:46,400

So essentially, from here, we undertook an on-site


513

00:22:46,400 --> 00:22:47,560

reconstruction as well.


514

00:22:47,560 --> 00:22:50,520

This was to evaluate the statements made by the victim.


515

00:22:50,520 --> 00:22:52,000

And essentially to explore whether or not


516

00:22:52,000 --> 00:22:53,920

the account could have physically happened,


517

00:22:53,920 --> 00:22:55,480

because you don't actually know it.


518

00:22:55,480 --> 00:22:58,840

An onsite reconstruction of what?


519

00:22:58,840 --> 00:23:01,640

The actual sexual assault taking place.


520

00:23:01,640 --> 00:23:04,400

So obviously quite graphic, who did it?


521

00:23:04,400 --> 00:23:06,200

It was myself and a colleague.


522

00:23:06,200 --> 00:23:07,520

And her name's Anna.


523

00:23:07,520 --> 00:23:08,920

She's wonderful.


524

00:23:08,920 --> 00:23:11,560

We obviously sat down and spent a lot of time planning this out,


525

00:23:11,560 --> 00:23:14,840

making sure everyone was comfortable, making sure


526

00:23:14,840 --> 00:23:16,840

that obviously there weren't too many onlookers.


527

00:23:16,840 --> 00:23:17,840

OK.


528

00:23:17,840 --> 00:23:18,360

OK.


529

00:23:18,360 --> 00:23:20,160

I've got to speak on your behalf.


530

00:23:20,160 --> 00:23:21,400

I know you very well.


531

00:23:21,400 --> 00:23:25,280

I know nothing wrong would have gone on with that.


532

00:23:25,280 --> 00:23:25,800

Exactly.


533

00:23:25,800 --> 00:23:27,560

We may have a laugh and joke about a lot of things,


534

00:23:27,560 --> 00:23:29,960

but when you're looking at something so serious as it is,


535

00:23:29,960 --> 00:23:32,480

it has to be done professionally.


536

00:23:32,480 --> 00:23:34,920

So we put together this reconstruction,


537

00:23:34,920 --> 00:23:37,400

explored the account, did raise some doubts,


538

00:23:37,400 --> 00:23:39,800

because there was an interesting point about how this


539

00:23:39,800 --> 00:23:42,200

occurred on the curbside to the property,


540

00:23:42,200 --> 00:23:45,040

and certain measurements were taken about where that was,


541

00:23:45,040 --> 00:23:48,120

and sort of positions of these people.


542

00:23:48,120 --> 00:23:49,680

So we go through all of that evidence


543

00:23:49,680 --> 00:23:52,520

and produce all of the reports.


544

00:23:52,520 --> 00:23:55,040

And it actually turns out that the complainent


545

00:23:55,040 --> 00:23:58,120

 had been stated to have taken drugs that evening.


546

00:23:58,120 --> 00:24:00,280

Hospitality staff gave a lot of accounts


547

00:24:00,280 --> 00:24:03,400

about how essentially this victim was almost causing part


548

00:24:03,400 --> 00:24:05,880

of the argument herself as well.


549

00:24:05,880 --> 00:24:07,320

Yeah.


550

00:24:07,320 --> 00:24:09,000

I've got mixed feelings about that one,


551

00:24:09,000 --> 00:24:11,600

because that doesn't make it her fault.


552

00:24:11,600 --> 00:24:12,800

Oh, no, absolutely not.


553

00:24:12,800 --> 00:24:16,240

And yes, the point is, is that, again, her account was


554

00:24:16,240 --> 00:24:19,520

as she gave it, the point is, is that anyone's account,


555

00:24:19,520 --> 00:24:25,040

including the complainent and also the perpetrator,


556

00:24:25,040 --> 00:24:27,200

when you've got drugs and alcohol going involved,


557

00:24:27,200 --> 00:24:29,560

it does muddy the waters, quite a lot there.


558

00:24:29,560 --> 00:24:31,480

Solicitors have this, dont they,


559

00:24:31,480 --> 00:24:35,920

I mean, lawyers can't put their own feelings into something.


560

00:24:35,920 --> 00:24:38,840

I mean, I'm not condemning one party or the other party.


561

00:24:38,840 --> 00:24:40,080

Of course, no.


562

00:24:40,080 --> 00:24:44,040

But they can't put their own opinions into something


563

00:24:44,040 --> 00:24:46,160

unless they have been told directly.


564

00:24:46,160 --> 00:24:53,400

And it's like the old one, of a duty lawyer going into somebody's


565

00:24:53,400 --> 00:25:00,280

cell and the accused saying, oh, I might have done it,


566

00:25:00,280 --> 00:25:02,040

but get me off it.


567

00:25:02,040 --> 00:25:02,880

Yeah.


568

00:25:02,880 --> 00:25:03,680

Yeah.


569

00:25:03,680 --> 00:25:07,960

He can't enter a plea of not guilty because his client


570

00:25:07,960 --> 00:25:09,160

has admitted it to him.


571

00:25:09,160 --> 00:25:10,160

Exactly.


572

00:25:10,160 --> 00:25:11,800

Yeah, that same kind of conjury of--


573

00:25:11,800 --> 00:25:14,320

when somebody doesn't say that, and you've


574

00:25:14,320 --> 00:25:16,080

 oh I know where I'm going,  with this, and


575

00:25:16,080 --> 00:25:17,800

I'm sure anybody listening does as well.


576

00:25:17,800 --> 00:25:20,560

It's the being that thing of duty bound, isn't it?


577

00:25:20,560 --> 00:25:23,000

But of course, there's a lot of issues here about the whole power


578

00:25:23,000 --> 00:25:25,880

and status and there are other aspects of the accounts


579

00:25:25,880 --> 00:25:29,640

essentially stating that the complainent


580

00:25:29,640 --> 00:25:33,040

was actually part of a prestigious family


581

00:25:33,040 --> 00:25:34,360

involved with the club.


582

00:25:34,360 --> 00:25:36,800

So there was lots of hierarchy, elements involved.


583

00:25:36,800 --> 00:25:40,120

A lot of people perhaps covering for other parts of the parties


584

00:25:40,120 --> 00:25:41,320

involved.


585

00:25:41,320 --> 00:25:44,880

So again, what you're looking at is something which on the surface


586

00:25:44,880 --> 00:25:48,960

can be a very genuine accusation coupled with evidence.


587

00:25:48,960 --> 00:25:51,560

But by speaking to everyone involved,


588

00:25:51,560 --> 00:25:54,960

there were lots of questions and doubts about the accounts


589

00:25:54,960 --> 00:25:58,800

given by essentially all parties concerned.


590

00:25:58,800 --> 00:26:01,640

Before we go any further and stay with this,


591

00:26:01,640 --> 00:26:03,600

 I don't want to lose sight of the subject.


592

00:26:03,600 --> 00:26:07,640

But just talking of, Ive got  this whole kind of quandry thing


593

00:26:07,640 --> 00:26:12,160

and moral issue, running backs through my head again,


594

00:26:12,160 --> 00:26:14,600

and thinking about something like this,


595

00:26:14,600 --> 00:26:17,960

thinking about the girl might have taken a substance, whatever she's


596

00:26:17,960 --> 00:26:22,640

done, that doesn't necessarily make her to blame for something


597

00:26:22,640 --> 00:26:24,560

that has happened. precisely.


598

00:26:24,560 --> 00:26:27,800

OK, it  maybe an indicative of the nature of the complaint and so forth,


599

00:26:27,800 --> 00:26:29,360

but that's an entirely different issue.


600

00:26:29,360 --> 00:26:30,360

Yes.


601

00:26:30,360 --> 00:26:34,200

And we do get stuck with this moral issue sometimes.


602

00:26:34,200 --> 00:26:37,600

And most times, because you are, in this case, working


603

00:26:37,600 --> 00:26:41,040

for the client's defence, we're instructed by his solicitors,


604

00:26:41,040 --> 00:26:43,440

you have to do what the solicitor does


605

00:26:43,440 --> 00:26:45,440

and push it to one side a little bit.


606

00:26:45,440 --> 00:26:47,880

Which will remain neutral, remain factual.


607

00:26:47,880 --> 00:26:53,040

There's something that sticks in my mind, and it wasn't too long ago.


608

00:26:53,040 --> 00:26:56,400

We were dealing with a computer investigation.


609

00:26:56,400 --> 00:26:59,600

We got all these deleted files, back out of a computer,


610

00:26:59,600 --> 00:27:01,800

back out of a laptop.


611

00:27:01,800 --> 00:27:06,680

And there were elements on there which were not very savory.


612

00:27:06,680 --> 00:27:08,320

And I'm not just saying they were unsavoury


613

00:27:08,320 --> 00:27:10,160

they were frankly illegal.


614

00:27:10,160 --> 00:27:12,560

I'll say quickly, we weren't, in this case,


615

00:27:12,560 --> 00:27:15,000

talking about child pornography.


616

00:27:15,000 --> 00:27:18,840

But the guy, did rather like animals a little bit too much,


617

00:27:18,840 --> 00:27:20,640

and perhaps a little bit too affectionately,


618

00:27:20,640 --> 00:27:22,840

and I've probably said too much with that.


619

00:27:22,840 --> 00:27:29,920

Point of it is that it transcended across a moral line.


620

00:27:29,920 --> 00:27:33,360

Now, confidentiality to us is massively important.


621

00:27:33,360 --> 00:27:36,680

We will always happily to sign a confidentiality agreement.


622

00:27:36,680 --> 00:27:41,800

There is a paragraph in there, I know, which I couldn't quote.


623

00:27:41,800 --> 00:27:46,680

But it does say in the event that you've got something illegal,


624

00:27:46,680 --> 00:27:50,520

a client has got the responsibility to report it.


625

00:27:50,520 --> 00:27:53,480

Now, it's never happened, but I can remember in this instance.


626

00:27:53,480 --> 00:27:57,240

You know, I said, look, this is the content.


627

00:27:57,240 --> 00:27:59,920

It is illegal content.


628

00:27:59,920 --> 00:28:04,160

It is your content, you have to tell somebody, you have to tell the police.


629

00:28:04,160 --> 00:28:07,000

And the person in the turn was, oh, no, no, I can't do that.


630

00:28:07,000 --> 00:28:08,400

I can't do that.


631

00:28:08,400 --> 00:28:13,360

To which we had to say, if you don't, we will have to.


632

00:28:13,360 --> 00:28:14,200

Yes.


633

00:28:14,200 --> 00:28:17,040

And it was not an easy moment.


634

00:28:17,040 --> 00:28:20,520

I mean, in the event, in the end, they saw common sense.


635

00:28:20,520 --> 00:28:22,720

And yes, that is what they did.


636

00:28:22,720 --> 00:28:25,720

All the time I can remember going, hang on, we've got confidentiality


637

00:28:25,720 --> 00:28:28,600

on this side, and we've got doing the right thing


638

00:28:28,600 --> 00:28:30,920

in the moral issue on the other side.


639

00:28:30,920 --> 00:28:32,240

It's a mine field, isn't it?


640

00:28:32,240 --> 00:28:33,640

Because yeah, exactly that .


641

00:28:33,640 --> 00:28:38,200

we're sort of duty bound to report when you have this criminal aspect


642

00:28:38,200 --> 00:28:40,760

involved, or something illegal involved in the evidence


643

00:28:40,760 --> 00:28:42,120

that you're obtaining.


644

00:28:42,120 --> 00:28:45,040

But of course, yeah, you're balancing that with the act


645

00:28:45,040 --> 00:28:49,000

of staying true to the client's wishes, confidential,


646

00:28:49,000 --> 00:28:50,080

and reporting just.


647

00:28:50,080 --> 00:28:53,200

But yeah, when you get that blend of the two,


648

00:28:53,200 --> 00:28:54,520

you have to take the high road.


649

00:28:54,520 --> 00:28:57,760

You have to, as you say, transcend the case


650

00:28:57,760 --> 00:29:00,720

and look at what is morally right and correct to do.


651

00:29:00,720 --> 00:29:01,960

I'll tell you what the lesson of that is,


652

00:29:01,960 --> 00:29:04,080

if you ever come and listen to this podcast,


653

00:29:04,080 --> 00:29:06,400

and you want to hear two people just going off


654

00:29:06,400 --> 00:29:08,320

at an the entire tangent.


655

00:29:08,320 --> 00:29:10,200

What were we talking about? Oh yeah, criminal defense.


656

00:29:10,200 --> 00:29:12,720

Yeah, yeah, this private members, club, or--


657

00:29:12,720 --> 00:29:14,400

Yes, yeah, what happened in the end?


658

00:29:14,400 --> 00:29:15,400

Yeah, back to the yacht club.


659

00:29:15,400 --> 00:29:18,920

So it was quite difficult because, as I said before,


660

00:29:18,920 --> 00:29:21,800

it comes into that case of muddying the waters.


661

00:29:21,800 --> 00:29:23,880

You can't get a true account from someone.


662

00:29:23,880 --> 00:29:25,840

So essentially, the QC at the time,


663

00:29:25,840 --> 00:29:27,280

and the police essentially ended up


664

00:29:27,280 --> 00:29:28,800

dropping the matter entirely.


665

00:29:28,800 --> 00:29:31,680

We provided evidence to say all parties concerned


666

00:29:31,680 --> 00:29:33,800

are probably problematic.


667

00:29:33,800 --> 00:29:36,240

But at the same time, there was not enough cooperation


668

00:29:36,240 --> 00:29:39,680

or evidence to substantiate the essential victims


669

00:29:39,680 --> 00:29:40,680

claims at the time.


670

00:29:40,680 --> 00:29:42,080

So the charges got dropped?


671

00:29:42,080 --> 00:29:43,680

Charges got dropped.


672

00:29:43,680 --> 00:29:46,080

Was everyone concerned happy about that?


673

00:29:46,080 --> 00:29:53,400

I mean, the defendant, the complainant, the CPS, police.


674

00:29:53,400 --> 00:29:57,320

It did transpire that once things had sort of watered down,


675

00:29:57,320 --> 00:30:00,680

that the complainant came back with this sort of new view


676

00:30:00,680 --> 00:30:03,080

that perhaps things had spiralled out of control


677

00:30:03,080 --> 00:30:06,600

and basically went and reflected again on everything


678

00:30:06,600 --> 00:30:08,040

that had been provided.


679

00:30:08,040 --> 00:30:09,600

I think everyone was thankful for the matter


680

00:30:09,600 --> 00:30:11,680

to essentially be dealt with and gone away.


681

00:30:11,680 --> 00:30:14,520

So as I say, CPS dropped the charges,


682

00:30:14,520 --> 00:30:17,440

and police took no other action.


683

00:30:17,440 --> 00:30:20,200

Harry, I'm looking at the time, which is disappointing,


684

00:30:20,200 --> 00:30:22,360

because I said at the beginning of all this,


685

00:30:22,360 --> 00:30:24,560

about never being involved in murders,


686

00:30:24,560 --> 00:30:28,480

because it's unlikely, however, I did collate defense,


687

00:30:28,480 --> 00:30:31,040

evidence, in one once, and I'd want to talk about it,


688

00:30:31,040 --> 00:30:32,640

but there's no time left.


689

00:30:32,640 --> 00:30:35,040

I hear part two coming along with it.


690

00:30:35,040 --> 00:30:37,640

Yeah, I'm a- do you know what


691

00:30:37,640 --> 00:30:39,480

I can talk for hours on this subject.


692

00:30:39,480 --> 00:30:43,120

I know you can, and I've got a number of cases to relate.


693

00:30:43,120 --> 00:30:44,600

So should we do that?


694

00:30:44,600 --> 00:30:46,080

Absolutely, let's do it again.


695

00:30:46,080 --> 00:30:48,760

OK.


696

00:30:48,760 --> 00:30:52,160

Just as a little summary, though, criminal defense work


697

00:30:52,160 --> 00:30:53,520

as a private detective.


698

00:30:53,520 --> 00:30:56,640

does not normally involve high drama.


699

00:30:56,640 --> 00:31:02,080

I mean, it is interesting, and it has surprising little side


700

00:31:02,080 --> 00:31:05,520

issues that happen, but it doesn't have much in common


701

00:31:05,520 --> 00:31:07,280

with an Agatha Christie Novel.


702

00:31:07,280 --> 00:31:09,800

Or assembling the suspects in one room


703

00:31:09,800 --> 00:31:13,440

and making a dramatic reveal at the end.


704

00:31:13,440 --> 00:31:17,600

In reality, it's often days of detailed research,


705

00:31:17,600 --> 00:31:20,400

practical evidence proving, listing witnesses,


706

00:31:20,400 --> 00:31:25,160

recorded statements, using them to uncover those small aspects


707

00:31:25,160 --> 00:31:28,520

that may be expanded to corroborate evidence,


708

00:31:28,520 --> 00:31:31,840

like those calculations of how long the shadow will be.


709

00:31:31,840 --> 00:31:34,200

What was on television on the particular night?


710

00:31:34,200 --> 00:31:36,880

Or even getting the witness to recall it?


711

00:31:36,880 --> 00:31:39,840

Or how long it takes to walk from A to B on the wet January


712

00:31:39,840 --> 00:31:42,120

day, but that's a story for another time?


713

00:31:42,120 --> 00:31:44,920

Or as you've described, reconstructing an event


714

00:31:44,920 --> 00:31:49,080

to see if it's feasible and checking the words of a supposedly


715

00:31:49,080 --> 00:31:50,920

impartial witness.


716

00:31:50,920 --> 00:31:51,920

Exactly.


717

00:31:51,920 --> 00:31:53,160

It is all of those small details that


718

00:31:53,160 --> 00:31:56,320

culminate in the evidence you need for a case.


719

00:31:56,320 --> 00:31:56,840

Right.


720

00:31:56,840 --> 00:32:01,760

Part two, if I can tie you down and you can tie me down.


721

00:32:01,760 --> 00:32:05,920

That's going to be a struggle.


722

00:32:05,920 --> 00:32:07,800

Harry, am I any good at this?


723

00:32:07,800 --> 00:32:09,520

What do you mean you and you get at this?


724

00:32:09,520 --> 00:32:12,000

This whole investigator thing, is it working out for me?


725

00:32:12,000 --> 00:32:14,640

You've been doing this since prehistoric times.


726

00:32:14,640 --> 00:32:18,240

Well, I'm not that old, but I tell you what I think you're amazing.


727

00:32:18,240 --> 00:32:20,560

I think people should come and listen to the whole conversation


728

00:32:20,560 --> 00:32:22,560

where we discuss surveillance, with someone who's


729

00:32:22,560 --> 00:32:25,200

had a few months of experience versus a few years.


730

00:32:25,200 --> 00:32:28,160

Listen now on Detective Diaries.


731

00:32:28,160 --> 00:32:30,680

Again, thank you to all of our listeners who


732

00:32:30,680 --> 00:32:34,200

have liked, subscribed and recommended us.


733

00:32:34,200 --> 00:32:35,680

Listen to season two.


734

00:32:35,680 --> 00:32:38,720

Coming up, part two, of course, of this episode on Criminal


735

00:32:38,720 --> 00:32:42,120

Defense Work, a historic delve into the life of Frederick


736

00:32:42,120 --> 00:32:45,040

Abberline, the lead detective in the Jack the Ripper case,


737

00:32:45,040 --> 00:32:48,080

fascinating interview with criminology lecturer Emma


738

00:32:48,080 --> 00:32:49,040

Short.


739

00:32:49,040 --> 00:32:51,480

Part two of our conversation with James Lupton


740

00:32:51,480 --> 00:32:54,840

and more of his interpreting experiences in Columbia,


741

00:32:54,840 --> 00:32:57,640

together with a second visit to the Guildford Shakespeare


742

00:32:57,640 --> 00:33:01,920

Company and a wealth of insights into the world of private


743

00:33:01,920 --> 00:33:05,800

investigation and the many secrets of our profession.


744

00:33:05,800 --> 00:33:07,240

Please contact us.


745

00:33:07,240 --> 00:33:10,240

We'd genuinely love to hear from you.


746

00:33:10,240 --> 00:33:14,960

You can send an email to podcast@private-detectives.co.uk,


747

00:33:14,960 --> 00:33:16,880

the emails in the show notes.


748

00:33:16,880 --> 00:33:18,880

And if you have missed any episodes,


749

00:33:18,880 --> 00:33:22,720

they're all available on Spotify, Apple Podcast,


750

00:33:22,720 --> 00:33:24,800

or wherever you get your podcasts.


751

00:33:24,800 --> 00:33:28,560

If you haven't heard it, listen to season one.


752

00:33:28,560 --> 00:33:31,640

And now, our sign off message.


753

00:33:31,640 --> 00:33:33,080

Keep listening.


754

00:33:33,080 --> 00:33:39,440

And until next time, stay curious and keep seeking the truth.


755

00:33:39,440 --> 00:33:46,880

We hope you enjoyed today's podcast,


756

00:33:46,880 --> 00:33:50,960

brought to you by answers investigation and UK fingerprint.


757

00:33:50,960 --> 00:33:53,440

If you've enjoyed our conversation and want to learn more


758

00:33:53,440 --> 00:33:56,280

about the fascinating world of investigations,


759

00:33:56,280 --> 00:34:00,040

be sure to check out private detectives, answers investigation.


760

00:34:00,040 --> 00:34:03,040

Their experience team offers a wide range of discreet


761

00:34:03,040 --> 00:34:05,960

and professional services, helping you find the answers


762

00:34:05,960 --> 00:34:09,040

you need with integrity and expertise.


763

00:34:09,040 --> 00:34:11,200

If you're interested in fingerprint analysis


764

00:34:11,200 --> 00:34:13,960

or require specialist fingerprint services,


765

00:34:13,960 --> 00:34:16,000

don't miss UK fingerprint.


766

00:34:16,000 --> 00:34:18,960

As one of the leading fingerprint companies in the UK,


767

00:34:18,960 --> 00:34:21,240

they provide everything from identification


768

00:34:21,240 --> 00:34:24,800

to background checks, working with individuals, businesses,


769

00:34:24,800 --> 00:34:28,480

financial institutions, and gambling companies.


770

00:34:28,480 --> 00:34:34,600

To find out more, visit www.private-detectives.co.uk.


771

00:34:34,600 --> 00:34:36,040

That's a minus sign.


772

00:34:36,040 --> 00:34:41,160

And www.ukfingerprint.co.uk.


773

00:34:41,160 --> 00:34:44,440

These are your go-to resources for investigative solutions


774

00:34:44,440 --> 00:34:46,640

and fingerprint expertise.


775

00:34:46,640 --> 00:34:51,200

You can call their office on 02-0715-8-0333-1


776

00:34:51,200 --> 00:34:54,840

Thanks once again for tuning in.


777

00:34:54,840 --> 00:34:58,760

Until next time, stay curious and keep seeking the truth.


778

00:34:59,320 --> 00:35:01,920

(upbeat music)


779

00:35:01,920 --> 00:35:04,500

(upbeat music)



[END PLAYBACK]

  • Private Investigator

    "searching the world for answers"

    Copyright © Detective Ltd 1995-2026 ·

    Site Map