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The Accused- Beyond Reasonable Doubt. Season 1 Episode 1
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00:00So the whole system is a farce, to be honest. It's a joke.
00:05People are sitting in prison cells with life sentences
00:09when there is evidence that proves categorically they didn't do it
00:14and they call that justice.
00:16The British criminal justice system is built on one simple principle,
00:22that a jury of ordinary men and women must be convinced of someone's guilt,
00:27beyond reasonable doubt.
00:30But every system has its flaws.
00:33Twelve people can decide your fate.
00:36They have got no idea what it's like.
00:38You're fighting for your life.
00:40These are the stories of people fighting convictions
00:43they believe are a miscarriage of justice.
00:46He's sitting in a prison cell for a murder he didn't commit.
00:49It's just one big joke.
00:51You need fresh evidence.
00:52Not the police. How do you expect me to find new evidence?
00:55This series explores some of the most divisive and unpredictable cases
00:59in modern criminal history.
01:01He's been stabbed pretty badly in the chest.
01:03Unbelievable. Unbelievable.
01:05Have you ever had a sexual relationship with Dennis?
01:07No.
01:08I suppose for a split second you think, what did happen?
01:11Call her. Call her.
01:14That makes the hairs on the back of your neck stand out.
01:19Once found guilty, how do you prove you're innocent?
01:26It's all about principle.
01:27You don't bang a geezer up with something you've never done.
01:38Kirstie Moore.
01:41So my name's Kirstie Moore and I'm Jason's younger sister.
01:49Jason's always been very intelligent.
01:51Mad good with numbers.
01:52He would go to the betting shop and he was doing well at it.
01:58So he carried on doing it and that's where he became quite successful.
02:04In the early days I was Jason's best friend.
02:07Known him for over 30 years and we remained the closest of friends.
02:12Jason would bet £200 or £300, £400, £500.
02:15Then gradually the bets got bigger and he won the first million on an accumulator bet.
02:24Jason lived over in Canary Wharf.
02:27This new, shining place where everyone's having fun and it used to be fuzzing.
02:35He would fly to different parts of the world.
02:38Everything was party, party back then.
02:42Travel, food and wine.
02:44And that sums Jason up.
02:46Seriously.
02:49He's definitely a charmer.
02:51Jason is a charmer.
02:52He's very likeable and he's funny.
02:56Jason had various girlfriends and Adele Rayner was one of the girls that he saw occasionally.
03:03I don't think I would even call Adele a girlfriend.
03:06They had just been out for dinner a couple of times and that's where it, you know, as far as
03:10it went.
03:12Adele Rayner was known to Jason, but only as, hi, how are you doing in a bar.
03:18And that was it.
03:19Nothing worked out.
03:22But unfortunately, Adele Rayner was the on or off girlfriend of Robert Darby.
03:30People were frightened of Robert Darby.
03:33He was famous around the area where he lived for his hair-trigger temper.
03:39He would walk into a pub.
03:42Something would irk him.
03:43And all of a sudden, he'd be screaming and ranting and hitting people.
03:48And part of that was drug related, but part of it also was a mental health issue.
03:55He was just obsessed to the point of madness with the idea that Jason had stolen his girlfriend.
04:00Robert would have heard that Adele had been seen with Jason having a bit of dinner somewhere
04:06and he would have got the ump about it, you're not having what's mine.
04:12But he would be one day fixated and the next day completely apologetic.
04:18And Jason would say, that's okay, that's okay.
04:20Jason was a gentle giant.
04:23I suppose that's the easiest way to describe him.
04:25I've never, ever seen violence in Jason, never.
04:31So it was out of nothing, out of no, you know, just out of nowhere, what happened.
04:36And it changed the entire trajectory of everybody's lives.
04:49It's unclear as to how that meeting came about that day on Perth Road.
04:55There's no evidence to show that it was arranged.
04:58Um, but they did meet and the incident did take place.
05:03Can you tell me the story of what happened that day?
05:08It was a crap day, I remember that much.
05:11It was raining, overcast.
05:14You know, when the sky's grey and it's low.
05:17Um, that kind of day.
05:20I was at the office.
05:22Jason was going to the sports centre with one of his friends.
05:29Jason didn't want to leave the flat, but he'd been promising that he would go and have this game of
05:35racquetball at the Redbridge Sports Centre with a friend of his.
05:40Jason left his accommodation in Canary Wharf and was going with his friend.
05:48There was calls between his friend and his friend's girlfriend.
05:54This girlfriend basically says, Robert Darby has been at my bar harassing my staff and is demanding to speak to
06:02you.
06:10Robert had actually been chasing Adele around in his car and ramming into the back of her car.
06:16She'd had to lock herself in the car and told the police she believed he would have killed her if
06:21she hadn't managed to barricade herself inside the vehicle.
06:25All Jason could hear is his friend's side of the conversation, saying, what?
06:29What do you mean he's been into the bar?
06:31What are you talking about?
06:34On the strength of that phone call, they turned the car back round.
06:39It takes less than two minutes to get to that pub from where Jason was.
06:43So, next thing you know, Jason and his friends are in the street where the incident took place.
06:52If it wasn't for that phone call, there would have been no incident.
06:57That's what changed the course of the day.
07:04Two cars are stopped in the middle of the street outside the Valentine pub on Perth Road.
07:10A black BMW containing Robert Darby and another man.
07:16That man was the friend of Robert Darby.
07:19And a silver BMW with Jason and his friend.
07:25What happened next, no-one fully knows.
07:30This is Jason's account.
07:34The car pulls up.
07:36Robert Darby was already there.
07:39Robert was definitely high on drugs and he went on the rampage that day.
07:47Robert Darby has got out of the car and in his right hand, there's a Stanley knife.
07:54Jason's remained in the vehicle.
07:57His friend has got out of the vehicle and from altercation has taken place.
08:01They struggle.
08:03Jason then gets out of the car to intervene.
08:07But as he's getting out of the car, Robert Darby starts to run away into the Valentine pub car park.
08:13It happened in a split second.
08:16Robert has run across, out of the road.
08:20Robert started to slow and then Jason saw blood.
08:23Jason sees the red blood spreading across Robert's white shirt.
08:28And when Jason saw that happening, he, you know, fucked this and got back in the car.
08:33He didn't know that Robert had been badly injured.
08:40Then they drove off.
08:41That was it.
08:42That's all I know.
08:44So there were four men at the scene, each telling a different story.
08:48Robert's friend said he saw nothing because he was asleep in the vehicle.
08:54Jason's friend's account was that he was hit over the head and was unconscious.
09:00And when he came to, he was being ushered into the car by Jason and they drove away.
09:06So none of the accounts match?
09:08No.
09:14Ambulance service.
09:15Where do you require the ambulance to come to?
09:16The Valentine on Perth Road, Delford.
09:20And what happened, sir?
09:21It looks like he's been stabbed pretty badly in the chest.
09:24He's lying in the middle of the car park on the floor.
09:26Right, OK.
09:27I need you to check to see if he's breathing.
09:29If he's breathing, he's breathing, yes, yes.
09:32Road rage attack.
09:34Man stabbed outside pub.
09:3542-year-old poplar man stabbed.
09:37Police have stepped up appeals for information.
09:40Robert Darby was involved in roadside route.
09:45You know, we knew that Robert Darby had been taken to hospital.
09:49He had to be blue-lighted all the way to the Royal London.
09:53So all of a sudden, something that was nothing is turning into something else.
09:59There was fear of Robert Darby retaliating.
10:05Jason, Jason's friend said to him, you had better get out of the way, because Robert Darby knows where you
10:12live.
10:13Robert Darby is from a potentially dangerous family, a potentially dangerous group of people.
10:20And because he's injured, they are going to be coming after him now.
10:27Jason and his friend part ways.
10:31Jason heads to a nearby pub and makes a phone call.
10:35Jason telephones Sandra and says, can you pack me a bag and bring it to the pub?
10:44He was a bit subdued.
10:47I would say he was a bit subdued.
10:48He wasn't his normal self.
10:51I don't honestly think that Jason understood what had actually...
10:56..the extent of what had happened at that point.
11:01I didn't know what the hell was going on.
11:04It was all bits and pieces.
11:07He didn't really tell me too much.
11:09He said something had happened in the street.
11:13Obviously, information was coming through about the Darby family.
11:17People weren't safe and so on and so on.
11:19And I said, what are you talking about?
11:21And he said, oh, I think we'll just go away for a few days.
11:24He went to France.
11:27How do you think it looked that Jason fled the country that night?
11:31Oh, it clearly looked bad.
11:33He only had an overnight bag.
11:36He was just going to go away for a few days.
11:42Jason and his friend leave the country separately.
11:47Their idea is to lay low for a little while
11:49and then come back when everything is calmed down.
11:53Unbeknownst to them, Robert is more injured
11:55than they thought.
11:59I don't think anybody knew that Robert Darby
12:02had been injured in the way that he was injured.
12:06The only person that would have known that
12:08was the person that did it.
12:11Jason called me.
12:13He just said, you're never, ever going to believe what's happened.
12:17And he said that, um, he said, Robert Darby has died.
12:23It was awful.
12:25It was awful.
12:26It was horrible.
12:31He didn't recover.
12:32And, um, unfortunately, he passed away.
12:36And all of a sudden, everything changes again.
12:42Never in a million years did Jason ever think
12:46that he would be charged with murder.
13:01In the time that Robert Darby had been injured,
13:04before the helicopter service got to him,
13:07he had already been deprived of oxygen for too long
13:09and he was brain dead.
13:12So, the day after the incident,
13:13the family has to take the decision
13:16to turn off the life support.
13:20I mean, it was shocking.
13:21It was shocking.
13:23You know, you...
13:25I don't know what...
13:26I didn't know what to think.
13:27I didn't know what to do or what to think.
13:29You don't know.
13:29You're just in shock.
13:30You're just numb.
13:34Jason Moore is already out of the country
13:36when he hears the news.
13:38Jason had left the country the day of the incident.
13:42Clearly looks suspicious,
13:44but that was a man that's in fear of Robert Darby's family.
13:50Robert Darby's death triggers a murder investigation.
13:54How would you have investigated this stabbing
13:58if you'd been there back in 2005?
14:02Well, I think it was actually investigated correctly.
14:05They were following the leads all the way through.
14:08They gathered the evidence.
14:11The only physical evidence found at the scene
14:14is the Stanley knife,
14:15covered in Robert Darby's blood.
14:17The stabbing itself occurs in a vacuum.
14:20It's in an area that's not covered by CCTV.
14:24The police must rely on eyewitness accounts.
14:28One eyewitness is Abdul Ahmed.
14:32Ahmed tells the police he saw a man with a knife.
14:36Describing him as having short cropped hair
14:39and wearing a blue jacket,
14:41he claims he saw him get out of the passenger side
14:45of a silver car.
14:48Ahmed is invited to attend an identity parade
14:52featuring both Jason Moore and his friend.
14:55But neither are picked out.
15:00The police came to my dad.
15:02They said that they knew Jason had been in the car
15:05and they just wanted to speak to him.
15:08And my dad said,
15:09well, listen,
15:11will you be able to guarantee he'll be safe?
15:14Yeah?
15:14And they said, no.
15:17And then he said,
15:18it's not just Jason that's at threat here.
15:21It's your family's at threat.
15:27With Jason out of the country,
15:29the police issued the Moore family
15:31with an Osmond warning.
15:32An Osmond warning is effectively
15:35the fact that the police have information
15:38that there is a serious risk to your life.
15:41I mean, I personally know what that feels like.
15:46And, you know,
15:47even as a serving police officer,
15:49you know,
15:49the fear that envelops you,
15:53you know,
15:53your concern about your family,
15:55you know,
15:56is someone going to come through your door
15:57with a machine gun?
15:58And to a certain extent,
16:00the police were unable to do anything about it.
16:04Following the warning from the police,
16:07Jason's family go into hiding.
16:09My parents went to Turkey.
16:11My sister went to America.
16:13Obviously, Jason left
16:14and went to live in Spain.
16:17We all relocated,
16:20hoping for some news from the police.
16:23And that news never came.
16:27They have no confessions.
16:28They have no forensic evidence,
16:30no DNA,
16:31no fingerprints,
16:32nothing.
16:32So, effectively,
16:34the case is dead.
16:38How long was Jason out of the country for?
16:40Away altogether.
16:41I think about seven years.
16:43On the seventh year,
16:44he came back.
16:53Jason wanted to just
16:54come back to the UK,
16:56help the police with their inquiries
16:58and get on with his life.
17:01The big mistake Jason makes
17:04is he decides he's going to go
17:06and speak to the police
17:07and give them an account.
17:10And that is where everything goes wrong
17:12for Jason.
17:14He got in touch
17:15with his lawyer
17:16and went to see the police.
17:17He just went in
17:18and told the truth.
17:19He hadn't committed the crime.
17:21And the police
17:21never end up recovering
17:23any useful forensic evidence.
17:25No fingerprints,
17:26no DNA of anybody
17:27other than Robert.
17:28The crucial detail
17:29for the police
17:30is that he says,
17:31I was in the passenger seat.
17:33Just that detail,
17:34I was sat in a passenger seat,
17:36triggers the police
17:37to hold a second line-up.
17:39Amazingly,
17:41in the 2012 identification,
17:45the witness,
17:46Abdul Ahmed,
17:48suddenly picked out
17:49Jason Moore.
17:53What do you think
17:55of the fact that
17:55Jason wasn't picked out
17:57in 2005,
17:58but then was picked out
18:00in 2012?
18:01It's very unusual
18:05and concerning.
18:08The police view was
18:09that it wasn't Jason Moore
18:10up until the very last minutes.
18:13It wasn't until
18:14Abdul Ahmed,
18:15the witness,
18:17identified
18:19Jason as the stabber
18:20that he changed
18:22and the team
18:23changed their opinion.
18:24It's one witness.
18:25One witness
18:26changes everything.
18:28They followed the evidence.
18:30The evidence
18:30at that point
18:31suggested it was
18:33Jason Moore.
18:35I remember
18:36the day I got the call.
18:38The phone rang
18:39and Jason's solicitor
18:41said he'd been
18:42charged with murder.
18:46Jason's friend,
18:48the driver
18:49of the silver BMW,
18:50is extradited
18:52to the UK
18:52and arrested.
18:54They both stand
18:55charged
18:56with joint-enterprise murder.
19:03Joint-enterprise
19:05is where
19:06more than one person
19:08has played a part
19:11in committing
19:12the offence.
19:13The more complicated
19:14cases,
19:15the multi-handed
19:16cases,
19:17where there are
19:18a number of
19:19defendants,
19:20they tend
19:21to be kept
19:22at the Old Bailey.
19:24It's considered
19:25pretty much
19:26the heart
19:27of the British
19:27justice system.
19:28It's incredible.
19:30All of a sudden,
19:31you're watching
19:31these people
19:32in their robes
19:33and their grandeur
19:34and your poor
19:36brother is sitting there.
19:37It's crazy.
19:38I've never been
19:39into a courtroom.
19:41I did not realise
19:42a court
19:43would be
19:44the theatre
19:45that it is.
19:48The great
19:49strength
19:50of the jury
19:51system
19:52is you are
19:53tried
19:54by
19:5412
19:55other people
19:57in our society.
20:00Now,
20:00you can make
20:01a lot of
20:01criticisms
20:02of the jury
20:03system,
20:03but you show
20:04me a better one.
20:06The prosecution's
20:07case
20:08is that
20:09Jason
20:09is the
20:10stabber
20:10and that
20:11he was the
20:12passenger
20:12in the
20:13silver car.
20:14They decide
20:16on a series
20:16of events
20:17to explain
20:18Jason's
20:18motive
20:19for killing
20:20Robert Darby.
20:21The prosecution
20:23kicked off
20:24this motive
20:25of
20:27a love
20:28triangle.
20:29So,
20:30everything
20:31was
20:32about
20:33Jason,
20:34Robert Darby
20:35and Adele.
20:37Now,
20:37if here was
20:38a love
20:38triangle
20:39and you
20:41had killed
20:42somebody
20:43for
20:45a girl,
20:46wouldn't
20:47you be in
20:47touch
20:47with that
20:48girl?
20:49This
20:50headline
20:50hit,
20:52millionaire
20:53playboy
20:53love
20:54triangle.
20:56It's
20:57crazy.
20:58Adele
20:59Rayner
20:59said to
21:00the police,
21:00what are
21:00they talking
21:01about?
21:01There's
21:02no love
21:02triangle.
21:03I hadn't
21:04seen the
21:05man for
21:05months.
21:06There was
21:06no love
21:07triangle.
21:07It wasn't
21:07even his
21:08girlfriend.
21:11Seven
21:12years after
21:13Robert Darby
21:13was killed
21:14in the
21:14street in
21:15broad daylight,
21:17Jason and
21:17his friend,
21:18now the
21:19co-defendant,
21:20are sat
21:20together in
21:21the dock.
21:22The jury
21:23must decide
21:23if either
21:24or both
21:25are guilty
21:26of murder.
21:28What was
21:29Jason's
21:29offense?
21:31Jason's
21:31version of
21:31events is
21:32I never saw
21:33a knife,
21:34I never saw
21:34a stabbing.
21:35The evidence
21:36is that a
21:37man with a
21:37shaved head
21:38and wearing
21:38a blue
21:38jacket was
21:40the assailant
21:40in the
21:41Robert Darby
21:41case.
21:42That's
21:42what they
21:43think
21:43Abdul Ahmed
21:44witnessed,
21:45but it's
21:46impossible.
21:46You can't
21:47remember
21:47something like
21:48that after
21:49seven years.
21:51Jason was
21:52crossed
21:52his end
21:52by the
21:53prosecution
21:53counsel
21:54about what
21:55he was
21:55wearing as
21:57to whether
21:57he could
21:57have been
21:58wearing
21:59blue
22:00top.
22:02Jason said
22:03he might
22:03have done
22:05and I was
22:06seized upon
22:07and summing
22:08up as
22:08partial
22:09acceptance
22:10that he
22:10could have
22:10been
22:10wearing
22:11blue
22:11clothing
22:11at the
22:12time.
22:15Jason
22:15became
22:16very
22:16combative
22:17when he
22:18was being
22:18cross-examined
22:19as well.
22:20He became
22:20very
22:21argumentative
22:22and sort
22:23of borderline
22:24irate.
22:26Jason
22:27fought in
22:28the dock
22:28but his
22:30defense said
22:30defend
22:31yourself.
22:32You're
22:33fighting for
22:33your life.
22:34If they're
22:35accusing you
22:36of something
22:36that you
22:37haven't done
22:37you have
22:38to be
22:38vocal
22:38and fight
22:39for yourself
22:39because
22:40obviously
22:40they ain't
22:41doing it.
22:42It all
22:43became
22:43quite heated
22:45because the
22:45barrister was
22:46asking him
22:47questions that
22:48however he
22:49answered them
22:49it would look
22:50terrible.
22:52It was like
22:53a drama.
22:53It was like
22:54a circus
22:55going on here
22:56and I was
22:56getting worried
22:57because I was
22:57thinking
22:59this jury's
23:00buying into
23:01this.
23:06The prosecution
23:07were really
23:08clever.
23:08So you had
23:10the prosecution's
23:11star witness
23:12saying the
23:13passenger of the
23:13silver car was
23:14the stabber.
23:16If you're
23:16dependent upon
23:17eyewitness evidence
23:20memories fade.
23:22the whole case
23:24hinges on the fact
23:26that the witness
23:27said that the
23:29stabber was the
23:30passenger.
23:31Jason confirmed
23:32he was the
23:33passenger in the
23:34vehicle.
23:38Seven years
23:39since the
23:40incident took
23:41place,
23:42Jason waits
23:43for the jury
23:43to reach their
23:44verdict.
23:45When the
23:46trial was
23:46nearing its
23:47end,
23:48what were you
23:49thinking the
23:50jury would say?
23:52Not guilty.
23:54This had been
23:54going on long
23:55enough, you
23:55want to know
23:56your fate.
23:57You just want
23:58it over.
23:58There was
23:59enough doubt
24:00and that's
24:00what Jason's
24:01defence team
24:02said, there
24:02is so much
24:03doubt.
24:06Let me give
24:07you a sense
24:08of what it's
24:08like when a
24:09jury brings
24:10back a
24:10verdict and
24:11they are asked
24:12the question
24:13by the clerk,
24:14do you find
24:14defendant guilty
24:15or not guilty?
24:17That moment
24:18makes the hairs
24:20on the back
24:21of your neck
24:22stand out.
24:25The jury
24:26came back
24:27in.
24:27The co-defendant,
24:29he got not
24:30guilty first.
24:32And then
24:33when it came
24:34to Jason,
24:37they just
24:37said guilty.
24:39How?
24:41How they
24:41found him
24:42guilty?
24:43he's going
24:44away for
24:44murder.
24:47The judge's
24:48sentencing
24:49remarks say
24:50it all.
24:52Jason Moore,
24:53you have been
24:53convicted by the
24:54jury of the
24:56murder of
24:56Robert Darby.
24:58Having seen
24:58you in the
24:59witness box,
25:00I am absolutely
25:01sure that you
25:02are a domineering
25:03and controlling
25:04man.
25:05First of all,
25:06it's not the
25:06judge's place
25:08to have an
25:09opinion.
25:10The sentence
25:10upon you
25:11is one of
25:12life imprisonment
25:13for minimum
25:14term of
25:1518 years
25:16less than
25:17215 days.
25:19That is all.
25:24You know what?
25:25Fuck them.
25:30I remember
25:31leaving the
25:32court and
25:34I was,
25:34I just
25:34wanted fresh
25:35air.
25:36I decided
25:37to call
25:37my dad
25:38and I was
25:39building up
25:39to make
25:40this phone
25:40call.
25:41And as I
25:42was standing
25:42there,
25:43a car
25:44pulled right
25:45in front
25:45of me
25:46and
25:47stopped.
25:51And all
25:52of a sudden
25:52this big
25:53bold-headed
25:54guy was
25:54in front
25:55of me
25:57and it
25:57turned out
25:58to be
25:58Tim Darby,
26:00Robert's
26:01older brother.
26:02The man
26:03that I've
26:03just lived
26:03in fear
26:04of
26:04for
26:04quite
26:04knows
26:04how
26:05long.
26:06And I
26:07was just
26:07like,
26:07what
26:08the
26:08fuck?
26:10And then
26:11we have
26:11Tim Darby
26:12walk into
26:12our lives.
26:14Fucking
26:15hell.
26:18I'm
26:18Tim.
26:20That's
26:20it.
26:21There's
26:22no way
26:22that he's
26:23a
26:23sh...
26:24should be
26:25in there.
26:26He's
26:27not done
26:27this.
26:28I know
26:28fucking
26:29100%
26:30he ain't
26:30done it.
26:31You know
26:31what I
26:31mean?
26:40So we
26:40broke off
26:41at
26:41fuck
26:41it's
26:42Tim Darby.
26:43Yeah.
26:46Robert
26:47was my
26:47younger brother.
26:48He was
26:49delighted
26:49on the
26:49party.
26:50He had
26:51problems.
26:51Everyone had
26:52problems.
26:52You know
26:53what I
26:53mean?
26:53If you
26:54had a
26:54problem
26:54with
26:54you,
26:55you
26:55know
26:55about
26:56it.
26:56But if
26:57you
26:57needed
26:58help,
26:58he'd be
26:59there for
26:59you.
27:00He was
27:01like,
27:02your best
27:02mate,
27:03or you're
27:04worse than
27:04me.
27:06I went
27:07in the pub.
27:08I see
27:08Kirsty
27:09Moore
27:09standing
27:09there.
27:10And I
27:11went to
27:11her,
27:12come
27:13outside,
27:13I'll
27:13chat with you.
27:14The others
27:14didn't even
27:15come out.
27:15They fucking
27:16just shit
27:17themselves in there.
27:17They thought
27:17he was all
27:18going,
27:18And it
27:18wasn't.
27:19If I've
27:20got grief
27:20with you,
27:21you'll fucking
27:21know about
27:22it.
27:23I'll come
27:23and see
27:23you.
27:24I'm not
27:25going to
27:25come and
27:25see your
27:25family,
27:26because your
27:27family's got
27:27nothing to
27:27do with
27:28it.
27:28You
27:28understand
27:29what I'm
27:29saying?
27:30Which I
27:31said,
27:31look,
27:32this has
27:32got to be
27:33sorted out.
27:33They put
27:34the fucking
27:34wrong
27:34gears away.
27:36We've
27:36got to
27:36get on
27:37this.
27:37I said,
27:38if you
27:39don't do
27:40anything,
27:40that's
27:41fine.
27:41But I've
27:42got to
27:42obviously
27:42find out
27:43what's
27:43gone
27:43off
27:44here
27:44really
27:44because
27:45I don't
27:46feel like
27:46there's
27:47anything
27:47been
27:47justice
27:48here
27:48done
27:48today.
27:50And
27:50yeah,
27:51that's
27:51what he
27:51went from
27:51there.
27:55Never
27:56in a
27:56million
27:56years
27:57did I
27:58think
27:58that
27:58Tim
27:59Darby
27:59would
28:00stand
28:00in front
28:00of me
28:01and
28:01say,
28:01I
28:02know
28:02your
28:02brother
28:02didn't
28:03do
28:03this.
28:04Listen,
28:05the gears
28:05couldn't
28:05have
28:05gone
28:05up
28:05against
28:06Robert,
28:06right?
28:08Jason
28:08Moore
28:08and
28:09Arara,
28:10you
28:10know,
28:11he'd
28:11want to
28:12walk away
28:12from it.
28:13He'd
28:13like that,
28:14Robert.
28:14That's
28:14not in a
28:14fucking
28:14million
28:15years.
28:15Unless you're
28:16nuts.
28:17You know
28:17what I mean?
28:18It's very rare
28:19that you get
28:20a member
28:20of the
28:20victim's
28:21family
28:21sitting there
28:22saying,
28:23there's been
28:23a miscarriage
28:24of justice
28:24here.
28:25This man
28:26is absolutely
28:26categorically
28:27innocent.
28:33So,
28:34basically,
28:34Jason had
28:35been found
28:36guilty.
28:37He called
28:38me and
28:39said,
28:40oh my
28:40God,
28:41I'll be
28:41a prisoner
28:41now.
28:42I don't
28:42know when
28:42I'll be
28:43able to
28:43speak
28:43to
28:43you.
28:45And I
28:46just said,
28:47we'll fight
28:48it,
28:48we'll
28:48appeal
28:49this,
28:49don't
28:50worry.
28:50I don't
28:51know what
28:51to do,
28:52but we'll
28:52do whatever
28:52we have
28:53to do.
28:53The
28:54trial's
28:54just
28:55happened.
28:56You've
28:56got 28
28:57days.
28:57I didn't
28:58know that
28:59you only
28:59have 28
29:00days to
29:01log an
29:01appeal.
29:02And
29:02straight
29:03away,
29:04I remember
29:05the lawyers
29:06put in
29:07a document
29:08that said
29:09we're going
29:10to be
29:10longer
29:10than 28
29:11days.
29:12Where do
29:13you start?
29:14So you
29:14have to
29:14start back
29:15at the
29:15beginning.
29:16So you
29:17put an
29:17application
29:17in for
29:18court
29:19transcripts.
29:19Well,
29:20fuck me.
29:21When I
29:21got the
29:22quote,
29:23I was
29:24too scared
29:24to say
29:25anything.
29:26The number
29:26was too
29:27big.
29:27We're
29:28talking in
29:28excess of
29:29£30,000.
29:30hand.
29:31I remember
29:32ringing
29:32around trying
29:33to speak
29:34to lawyers
29:35to get
29:35advice and
29:36say I
29:36need to
29:37do a
29:37appeal and
29:37you just
29:37wasn't
29:38getting
29:38anywhere.
29:39It was
29:39like oh
29:39appeal is
29:40really
29:40difficult.
29:41We got
29:42recommended
29:43to use
29:45Mark
29:45Bowen.
29:46They wanted
29:47me to see
29:47Jason in
29:48prison,
29:49which I did.
29:50I wasn't
29:50convinced at
29:51that stage.
29:52It's only
29:52if I'm
29:52really into
29:53the case
29:54that I
29:54became
29:55more involved
29:57with it
29:57and saw
29:58what had
29:58happened.
30:00Why did
30:01it take
30:01you so
30:01long to
30:02get your
30:03appeal?
30:04You have
30:04to deal
30:05with lawyers
30:05and their
30:06time frames.
30:07You've
30:08also got
30:08to find
30:09your angle
30:11for appeal.
30:13We looked
30:13at everything.
30:14We looked
30:14at the
30:15pathology.
30:16We looked
30:16at the
30:16eyewitness
30:17testimony.
30:18We were
30:19seeking
30:19other
30:20witnesses
30:20who had
30:22given
30:22evidence
30:23would have
30:23made
30:24the
30:24appeal
30:24stronger.
30:25You're
30:25going
30:25knocking
30:26on
30:26doors.
30:26Oh
30:27no.
30:27Sorry
30:28no
30:28no.
30:28Sorry
30:28no
30:29no.
30:29I can't
30:30get involved
30:30can't
30:30get
30:30involved
30:31got
30:31a
30:31family
30:31got
30:32this
30:32got
30:32that.
30:34Everyone's
30:34left
30:35because the
30:35word
30:35murder
30:36and
30:36everyone's
30:36garpers.
30:37It took
30:38years.
30:40I think
30:40it was
30:40lodged
30:41in
30:412015
30:42and the
30:44appeal
30:45took place
30:45in
30:452017.
30:54The
30:55Court of
30:55Appeal
30:56was a
30:57very
30:57austere
30:57place.
30:59The
30:59judges
31:00apply
31:01very high
31:01bar
31:02for
31:03overturning
31:03convictions.
31:04So it's
31:05very difficult.
31:07It's
31:07all about
31:08principle.
31:09You don't
31:10fucking
31:10bang a
31:10geezer up
31:11for something
31:11you've never
31:11done.
31:12It's just
31:12fucking
31:13totally
31:13stinks.
31:15After
31:16years of
31:17work,
31:17their
31:18appeal
31:18focuses
31:19on the
31:19reliability
31:20of the
31:21witness
31:21testimony.
31:22They did
31:23a document
31:24of
31:24Abdul Ahmed's
31:26testimony
31:26which
31:27shows you
31:28where he's
31:28all over
31:29the place
31:29in
31:29interview.
31:30One minute
31:30he's seen
31:31something,
31:31the next
31:32minute he
31:32hasn't seen
31:33something.
31:33At one
31:34point he's
31:35asking the
31:35police which
31:36side is the
31:37driver's,
31:37which side is
31:38the passenger
31:38side of the
31:40car and the
31:40police were
31:41saying to
31:41him,
31:42you tell
31:42us.
31:44The court
31:45of appeal
31:45don't retry
31:47the case.
31:48They don't
31:49re-hear
31:50the witnesses.
31:52Even though
31:52we have that
31:53evidence,
31:54we cannot
31:54use that
31:55because it
31:56was all
31:57served to
31:57you before
31:58the trial.
31:59You cannot
31:59use anything,
32:01anything,
32:03for an
32:04appeal.
32:05You have
32:05to go
32:06and get
32:06brand new
32:07evidence.
32:08You have
32:08to become
32:09a police
32:09officer.
32:11Not the
32:11police.
32:11How do
32:12you expect
32:12me to
32:12find new
32:13evidence?
32:14How?
32:15There were
32:16complaints
32:17in 2017
32:18about the
32:19quality of
32:19Mr Ahmed's
32:20evidence and
32:22various aspects
32:24of it which
32:25the Court of
32:26Appeal looked
32:27at in full
32:28and it was
32:28a very senior
32:29Court of
32:30Appeal.
32:32and that
32:34was rejected
32:34by them.
32:39Very sad,
32:41very disappointed,
32:44a bit soul
32:44destroying.
32:45The judges
32:46state that
32:47Mr Ahmed's
32:48evidence was
32:49the subject of
32:50intense and
32:51expert scrutiny
32:52at the trial
32:52and any
32:54inconsistencies
32:55were properly
32:55put before the
32:56jury for their
32:57consideration.
32:59The Court
33:00upholds that
33:01of the four
33:01men present
33:02at the scene
33:03and of the
33:04three men
33:05seen in the
33:05street,
33:07Jason Moore
33:07remains the
33:08one man
33:09guilty of
33:10murder.
33:13Where do we
33:14go from
33:14here?
33:16The only
33:16course remaining
33:17is through the
33:18Criminal Cases
33:19Review Commission
33:20or CCRC.
33:23The CCRC
33:24is a great
33:25idea.
33:26It was
33:27created some
33:28time ago
33:28to deal
33:29with potential
33:32miscarriages
33:32of justice
33:33and those
33:36who are acting
33:37on behalf
33:37of Mr Moore
33:39I think
33:39had to come
33:40up with what
33:41they believe
33:42is fresh
33:43material.
33:51Next thing
33:52you know
33:52you're getting
33:53a phone call
33:53from your
33:53lawyer
33:54come and
33:54pick up
33:54your case
33:55files
33:55and we
33:56did
33:57we had
33:57them
33:57collected
33:58and they
33:58were brought
33:59back to
33:59Sandra's
34:00house.
34:01We then
34:02go through
34:03all of
34:04the files
34:05trying to
34:05make sense
34:06of all
34:07these
34:09boxes
34:09and the
34:10files that
34:11we had.
34:11But again
34:12you need
34:13more of
34:14this
34:14fresh
34:14evidence.
34:15So
34:17a friend
34:19of the
34:19family
34:19knew of
34:20a company
34:21called
34:22TMI
34:22and TMI
34:24were a
34:25group of
34:25ex-Met
34:26police
34:26detectives
34:27with over
34:28200
34:28murders
34:29under their
34:29belt.
34:34We
34:35spent an
34:36awful lot
34:36of time
34:36on the
34:38case
34:38and
34:39uncovered
34:40a huge
34:41amount
34:41of material
34:41and I
34:42think really
34:43from very
34:43early on
34:44we got
34:46a really
34:46bad feeling
34:47around the
34:47whole thing.
34:48It started
34:48to raise
34:49questions,
34:49issues,
34:50concerns
34:50until we
34:52got to
34:52the stage
34:52where we
34:53thought
34:53this is
34:54a wrongful
34:54conviction.
34:56Absolutely.
34:58One key
34:59piece of
34:59evidence
35:00that TMI
35:01investigate
35:01is Jason's
35:02clothing on
35:03the day
35:04of the
35:04murder.
35:04When he
35:05speaks to
35:06the police
35:06Abdul Ahmed
35:07describes
35:08the
35:09stabber
35:09as being
35:10around
35:115 foot
35:1110 with
35:12a shaved
35:12head
35:12wearing a
35:13blue
35:13zip-up
35:13jacket.
35:14Well first
35:14of all
35:15Jason's
35:156 foot
35:165.
35:17I think
35:17it's Abdul Ahmed
35:19puts
35:19Jason
35:20more in
35:20what he
35:21describes
35:21as a
35:22blue
35:22jacket.
35:23Jason
35:24is on
35:24CCTV
35:25before
35:26and after
35:27the
35:27incident
35:27wearing
35:28a grey
35:29Adidas
35:30pullover
35:31sweatshirt
35:32with
35:32three
35:32lines
35:33down
35:33the
35:34sleeve.
35:36Jason
35:37wasn't
35:37wearing
35:38the
35:38blue
35:38jacket.
35:39It
35:39gets
35:40confusing
35:40in
35:41what
35:41was
35:41given
35:41in
35:42evidence
35:42because
35:43the
35:43cross
35:44examination
35:44of
35:45Jason
35:45when
35:46you
35:46read
35:46it
35:46you
35:47would
35:47think
35:48that
35:48Jason
35:48is
35:49admitting
35:49wearing
35:50a
35:50blue
35:50jacket.
35:52The
35:52prosecution
35:53attacking
35:54Jason
35:54saying
35:55you're
35:55wearing
35:56the
35:56blue
35:56jacket
35:57look
35:57at
35:57that
35:58picture
35:58that's
35:59you
35:59in
35:59your
35:59lobby
36:00and
36:00it's
36:00just
36:00a
36:01dark
36:01black
36:02and
36:02white
36:03photocopy
36:03there's
36:03no
36:04colour
36:05Jason
36:05will
36:05accept
36:06he
36:06may
36:06have
36:06been
36:06wearing
36:06blue
36:07and
36:07in fact
36:07he
36:08wasn't
36:08wearing
36:08blue
36:08at
36:08all
36:09can
36:10you
36:10remember
36:10what
36:10you
36:10had
36:10on
36:10last
36:11week
36:11of
36:11course
36:11you
36:11can't
36:12right
36:13and
36:13they
36:13ask
36:13him
36:14to go
36:14back
36:14seven
36:14years
36:15what
36:15happens
36:16eventually
36:16at
36:16trial
36:17is
36:18Jason
36:18says
36:19I
36:19can't
36:19remember
36:20but
36:20if
36:20you
36:20say
36:20I
36:20was
36:20wearing
36:20a
36:21blue
36:21jacket
36:21I
36:21was
36:21wearing
36:21a
36:21blue
36:22jacket
36:22he
36:23got
36:23himself
36:23confused
36:24the
36:25reality
36:25really
36:25simply
36:26Jason
36:27wasn't
36:27wearing
36:28the
36:28blue
36:28jacket
36:33the
36:34CCRC
36:34application
36:35also
36:36questions
36:36the
36:36fourth
36:37person
36:37who
36:38was
36:38present
36:38on
36:38the
36:38day
36:39of
36:39the
36:39murder
36:41it
36:41asks
36:42if
36:42the
36:42third
36:42man
36:42seen
36:43in
36:43the
36:43street
36:43was
36:44the
36:44friend
36:44of
36:45Robert
36:45Darby
36:46there
36:47was
36:47another
36:47man
36:47in
36:48the
36:48street
36:49and
36:50he
36:50had
36:50traveled
36:50there
36:51in
36:51Robert
36:52Darby's
36:53black
36:53BMW
36:54Robert's
36:55friend's
36:55evidence
36:55was
36:56that
36:56he
36:56was
36:57asleep
36:57throughout
36:58but
37:00further
37:00material
37:01suggested
37:01that
37:02in fact
37:02he
37:02was
37:02out
37:02of
37:03the
37:03vehicle
37:03at
37:03the
37:03time
37:03the
37:04incident
37:05took
37:05place
37:06therefore
37:07could
37:07have
37:07been
37:07the
37:08third
37:08person
37:08in
37:08the
37:09street
37:09that
37:09was
37:09seen
37:11TMI
37:11look
37:12into
37:12this
37:13passenger
37:13buried
37:14in all
37:14of these
37:15statements
37:15there
37:15are
37:15various
37:16descriptions
37:16of
37:17what
37:17he
37:18was
37:18wearing
37:19and
37:19the
37:20clothing
37:20he
37:20is
37:20wearing
37:21appears
37:21to
37:22match
37:22the
37:23descriptions
37:23of
37:24the
37:24third
37:24man
37:24in
37:25the
37:25street
37:26my
37:27brother
37:27does
37:28not
37:28fit
37:29that
37:29description
37:30by
37:31the
37:31time
37:32TMI
37:32have
37:33finished
37:33going
37:33through
37:33the
37:33files
37:34and
37:34are
37:34ready
37:34to
37:35prepare
37:35a
37:36report
37:36for
37:36the
37:36CCRC
37:37is
37:382021
37:39so
37:41you're
37:41now
37:42eight
37:43years
37:43on
37:43from
37:43Jason's
37:44conviction
37:54I
37:55remember
37:55going to
37:56Sandra's
37:57apartment
37:58one day
37:58and
37:59Kirstie
38:00was there
38:00and they
38:02had just
38:02received
38:03the
38:04CCRC
38:05decision
38:06notice
38:07it was
38:10rejecting
38:11Jason's
38:11application
38:11completely
38:12every
38:13ground
38:13was
38:13rejected
38:17it
38:17was like
38:18a
38:18funeral
38:20unbelievable
38:21and now
38:22we've got
38:22to reapply
38:23for another
38:25application
38:26but with
38:26what
38:29I started
38:29going through
38:30the case
38:30files and
38:31just seeing
38:31if there
38:32was anything
38:32we could
38:32do
38:33that TMI
38:34and everybody
38:35else had
38:35not already
38:36done
38:38my next
38:39step was
38:40I had to
38:41find
38:41Abdul Ahmed
38:45I found
38:46a phone
38:46number
38:47for him
38:47so I
38:49rang the
38:49phone
38:49number
38:52yes
38:53I'm calling
38:53from Archon
38:54Investigations
38:55Unit
38:55recording for
38:56broadcast
38:56and
38:57I'm
38:58looking into
38:59a murder
39:00case that
39:01happened
39:01in 2005
39:03and
39:04you were
39:05one of
39:05the witnesses
39:06in the
39:07case
39:07and so
39:10I
39:10understand
39:10he
39:11was
39:11the
39:11click
39:12on the
39:12act
39:12I was
39:13once in
39:13one
39:14how could you
39:14remember
39:15changing
39:15like that
39:17and I was
39:17killed
39:20and you
39:21were what
39:21I was
39:22drinking alcohol
39:46this is the guy
39:47that
39:48essentially
39:48sent Jason
39:50more to prison
39:54this was the first
39:55time since the
39:57appeal
39:57I felt a degree
39:59of confidence
40:00in a further
40:01application
40:02it reduces the
40:04credibility of that
40:05witness considerably
40:06so I was very
40:07excited
40:08when I received
40:09that evidence
40:11you would think
40:13that this recording
40:15would have resulted
40:16in Jason being
40:16sprung from prison
40:26quite quickly
40:26Jason Moore
40:27has been in
40:28prison for
40:28almost 10
40:29years
40:29and is waiting
40:31on his second
40:31application to the
40:33Criminal Cases Review
40:34Commission
40:34or CCRC
40:37the recording
40:38of the prosecution
40:40star witness
40:40was submitted
40:42to the CCRC
40:43in late
40:452023
40:46had it not been
40:48for Charlie Thompson
40:50doing something
40:53Jason would still be
40:54sitting there
40:55with no hope
40:57because Charlie Thompson
40:58did what the CCRC
41:01should have done
41:02I don't know
41:03how difficult
41:04it is to go
41:05and knock
41:05on a witness's
41:06door
41:06and yet
41:07in 17 months
41:08they haven't
41:09been able
41:09to do that
41:10I just find
41:11that incredible
41:13I had to stop
41:14listening to the
41:14lawyers who
41:15had always said
41:16you can't
41:17go into the
41:18media saying
41:18this this
41:19and this
41:20I'm going to
41:21have to go
41:21in public
41:25all of a sudden
41:26you need a load
41:27of friends
41:27from somewhere
41:28and that's how
41:30the campaign
41:30started
41:31I had to
41:32find people
41:33that would
41:34be part
41:35of a campaign
41:36and that
41:37had a voice
41:40yeah they were
41:41a bit desperate
41:41really
41:42let's try the
41:43Church of England
41:43when you've
41:44got nowhere else
41:44left
41:45I got involved
41:46in the summer
41:47of 2023
41:48why a bishop
41:50because
41:52I need someone
41:53that can't be
41:54accused of
41:55not telling it
41:55as it is
41:56she became
41:57a huge support
41:58and became
41:59a vocal
42:00support as
42:01well for us
42:01we're here today
42:02to protest
42:03about the way
42:04that the criminal
42:05cases review
42:06commission
42:06has so far
42:08refused to
42:09listen to the
42:10evidence that
42:10shows that
42:12this is an
42:12unsafe conviction
42:14clearly they're
42:15not having any
42:16success in finding
42:17this witness
42:18now Kirsty can't
42:19go because she
42:19doesn't want to
42:20put pressure on
42:20him or to
42:21influence the
42:22case in a
42:23sort of improper
42:23way but she
42:24said you could
42:25go you're the
42:25bishop and so I
42:27did I went
42:27knocked on his
42:28door and he
42:29answered I
42:30couldn't believe
42:31it when he
42:32opened the
42:32door I tried
42:33to say who
42:33I was but I
42:34just wanted him
42:35to speak the
42:36truth and I
42:37thought you're a
42:38really important
42:38witness and he
42:40said no no no
42:40I'm not important
42:41I don't even
42:41remember it so I
42:44left in the
42:44letter and I
42:45may well try
42:46again
42:48if the local
42:49bishop can
42:51find this
42:51witness then the
42:53CCRC should be
42:54able to find
42:54this witness
43:00all this time
43:02yes Jason is
43:03sitting there
43:04he would be 13
43:05years in prison
43:06for a crime he
43:08hasn't committed
43:09so they've wrecked
43:10my family's life
43:12Jason's life
43:13they have just
43:15lifed him off
43:16it's a bitter
43:17fucking pill to
43:18swallow
43:25the CCRC is an
43:26important idea it
43:28is a great idea to
43:29have a body like
43:30that it just isn't
43:31doing a great job at
43:32the moment would seem
43:34to be the judgment
43:36and when you've got
43:37people that are
43:39running the justice
43:39system that are
43:41living on a
43:41different planet and
43:43they have got no
43:44idea what it's like
43:45out here in the real
43:47world well you know
43:48what I say to them
43:50come and have a
43:51fucking day down here
43:52with us fighting you
43:54just to get you to
43:56do your fucking job
43:57properly and then
43:59you know what
43:59perhaps it wouldn't
44:00take 13 years to
44:02sort this out
44:06I can say with
44:08absolute confidence
44:10that there is not
44:12evidence beyond a
44:13reasonable doubt that
44:14Jason Moore committed
44:15this crime and on
44:17that basis this is a
44:19miscarriage of
44:19justice
44:21justice
44:21how do you feel
44:22about the justice
44:22system knowing that
44:24something like this
44:24can happen
44:26it's shambolic it's
44:28broken you know I
44:29mean it's they don't
44:31want to put right
44:32things they've done
44:32wrong
44:42we have to take every
44:43day as it comes we
44:44have to keep pushing
44:47we have to put
44:47pressure on the
44:48CCRC
44:50there's a man in
44:51prison while
44:52everybody just sits
44:54and waits and
44:54nothing happens
44:56I go and visit him
44:58often and I speak to
45:00him every single day
45:01he phones morning he
45:03phones in the evening
45:03have you got an update
45:05has this happened has
45:06that not happened I
45:07just continue to go and
45:08visit him and support
45:09him and be for him
45:11here on the outside
45:12like his sister and
45:13his mum and dad
45:15at the end of the
45:16day at the bottom
45:17of all this he's
45:19Robert my brother
45:22everybody who's ever
45:23been murdered their
45:24families should have
45:26some type of justice
45:29this is 20 years now
45:31and for 20 years
45:34we've been waiting for
45:35the justice to reveal
45:36and it hasn't come
45:37the justice to reveal
46:08PHONE RINGS
46:09Can I take it?
46:10It's Jason.
46:13Sorry.
46:15PHONE RINGS
46:17Hello?
46:19Well, we just started filming about half an hour ago.
46:26It's OK so far.
46:28OK, then.
46:29Yeah.
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