14 June 2002
Wrong man
Last May, Dudley Higgins
was convicted of a crime he did not commit. A month later, inside prison,
he met the man who did do it. Bob Woffinden investigates
'It was Euro 2000 at the time," recalls
Dudley Higgins. "We were just standing around outside the post office,
discussing the matches and all that. The next thing I know, two plain-clothes
officers came up, flashed their badges and said they were arresting me
on suspicion of robbery. I said, 'Are you sure?' They said, 'Yes, you -
you with the round, chubby face.'"
So, on June 26 2000, Higgins was arrested
by officers from the West Midlands police force in connection with an £8,000
robbery at a sub-post office; the very one he had been calmly standing
outside for the best part of an hour.
The police charged him and confiscated
his car, alleging that it had been purchased with proceedings from the
robbery. When the case went to trial in Birmingham in May 2001, the jury
unanimously convicted him. Higgins received a five-year sentence and was
taken to Winson Green prison.
He had been there less than a month when
he bumped into a new inmate on the corridor. Mark Vendryes was a huge man,
(1.93m) 6ft 4in, and very heavily built. He immediately told Higgins that
he had carried out the robbery of which Higgins had been convicted. In
fact, Higgins had already heard that through the grapevine. However, it
was a complete surprise when Vendryes said that he had carried out a second
robbery at the same post office exactly two weeks later.
"He said, 'They know I robbed it twice,'"
recalls Higgins. "He told a probation officer, he didn't hide it, soon
everyone knew. He was apologetic to me - he knew that I wasn't that type
of person."
Higgins passed the details of the conversation
on to his lawyer, Maslen Merchant, and Merchant's subsequent inquiries
began to unravel another strange episode in the chequered history of the
West Midlands police.
Higgins, too, was a large man, and there
were those who said that he looked like a big, round football. Now 33,
he came to this country from Jamaica. At first, he stayed with his brother
in the Handsworth district of Birmingham, but then found a flat for himself
and his partner, Pamela, in Newtown. Their children were born in 1997 and
1999. He worked initially as a washing-machine engineer, but by the time
of his arrest, he was employed as a security guard for a company run by
a local magistrate.
"When I was arrested, I was taken to Steelhouse
Lane police station. They asked if I wanted a solicitor. I told them, 'For
what? I don't need no solicitor. What I tell you is the truth.' When they
charged me, I said: 'You've got the wrong person. How can I live 75 metres
from the post office and rob it? I'm not crazy.' They said: 'It's you -
you with the round, chubby face.'"
Higgins had never previously been in trouble
with the police, either in Jamaica or England. He spent two nights in custody,
before his solicitor got him bailed. Immediately, Higgins dug out all the
documents relating to the entirely legal purchase of his Honda Accord,
and managed to get it back.
The prosecution case depended exclusively
on identification evidence. The post office manager, Andrew Gilling, and
another witness had "identified" him as the robber as he stood outside
the post office. Gilling even provided a drawing of the robber that he
had made immediately afterwards.
A third witness picked out Higgins in a
video identification parade, an increasingly common feature in robbery
investigations. Instead of combing the local streets for people of similar
appearance to the suspect, police can simply put him up on video alongside
a gallery of images drawn from the appropriate video bank. However, Marcel
Berlins has already commented in the Guardian that this system will incorporate
all the failings of the old one. In view of Higgins's unmistakable appearance,
questions remained about the fairness of this video parade.
"At trial, they were fishing," recalls
Higgins. "They even bring up my car again, but they didn't have nothing:
no fingerprints, no forensic, nothing, just one chubby face. I got five
years. I thought the world was caving in on me."
Giving evidence, Higgins said that there
was talk on the streets that the man who had done the robbery was hiding
out in Wales - "but the prosecution told the court, this man does not exist".
Far from not existing, Vendryes appeared before Higgins in prison just
a few weeks later. He had been arrested in Cardiff and transferred to Winson
Green.
In preparation for his appeal, Higgins
sacked his trial lawyers and hired the highly recommended Merchant, whom
he told about the meeting with Vendryes. At trial, the prosecution had
mentioned a second robbery, but had not disclosed any paperwork in connection
with it. "We went back to the police," says Merchant, "and asked for all
previously undisclosed material in relation to the identification of Higgins
by Gilling."
As a result, Merchant realised that Higgins's
own information was spot-on. There had been two robberies at the same post
office by the same man, on April 15 and 29 2000. Immediately after being
robbed for the second time, Gilling had made another statement about the
robber: "I immediately recognised him as [the man] who had robbed the post
office two weeks earlier and threatened me with a crowbar. I was terrified.
I was in shock. I couldn't believe it was happening again by the same person.
He said, 'Don't give me any of those forged notes as last time.' I am in
no doubt that it is the same person who was involved in the last robbery."
Nothing could have been clearer. Having
had the dubious benefit of seeing him twice, Gilling then made a drawing
of the robber.
However, by the time the case went to trial,
this second robbery had been airbrushed out of the picture. The investigating
officer, DC Patricia Mooney, withheld Gilling's vital April 29 statement,
and even denied it existed, allowing the crown to extract a formal admission
to that effect from the defence. Then, in order to make it appear as though
the drawing made after the second robbery was instead made after the first,
Mooney had changed its exhibit number (from AJG3 to AJG1).
When the case went to appeal, in January
this year, the judges said that there were matters that caused "extreme
concern", and condemned the actions of the police in what, for the court
of appeal, were unusually forthright terms. Stressing that Mooney had been
"responsible for and had full knowledge" of the inquiries into both robberies,
they concluded that the key statement of April 29 was "clearly suppressed".
They added: "It defies belief to suggest that she would not have realised
the significance of the material."
Noting that Higgins had previously been
of "good character", the judges quashed the conviction and set him free.
They commented that the way the case had been investigated made it impossible
for the crime ever to be resolved. Finally, they said that they would ensure
that their judgment reached Sir Edward Crew, chief constable of the West
Midlands police, "so that he can make such inquiries as he wants to ensure
that the members of his force never conduct another trial in the way this
one was conducted."
A spokesman for West Midlands police said:
"An internal investigation supervised by the Police Complaints Authority
is under way, and we are unable to comment further."
Higgins, who lost six stone in prison,
says: "Deep down in my heart, I can't believe it all. Even now, if I see
a post office, I'm scared to even walk past. I'm still getting flashbacks.
Just talking about it all to you stresses me."
Vendryes is serving five years for other
armed robberies. Mooney is on maternity leave. |