62-year-old Jailed Briton Maintains Innocence

[george]

Foreign Office to plead again for jailed Briton

Government to ask Thailand to pardon 62-year-old businessman who maintains his innocence after 14 years in prison on drugs charges

LONDON: The Foreign Office is considering plans for a new clemency plea for a Briton who has spent 14 years in a Thai prison on the strength of questionable police evidence.

John Davies - dubbed Britain's forgotten prisoner - was arrested in 1990 on narcotics charges and sentenced to death in 1994. Three years ago, the British government lodged a clemency plea but an apparent bureaucratic error meant this resulted only in his death sentence being commuted to 25 years imprisonment.

Davies, 62, from Blackpool, lives in a cramped cell with 20 other prisoners at Bangkok's Klong Prem men's prison - the infamous "Bangkok Hilton". He suffers from chronic asthma and has had two strokes.

He has always maintained his innocence: for some years he has been eligible, in return for a confession, to transfer to a British prison and be free on parole within months, but he has refused to do so.

Stephen Jakobi, director of the legal rights charity Fair Trials Abroad, said: "This is our oldest case. He could have confessed years ago and got out. The worst of it is we proved to government over four years ago the unfairness of his trial and he still sits in prison."

In 2001, a change in policy allowed the government to seek pardons for its citizens on the grounds of a miscarriage of justice. Robin Cook, then foreign secretary, wrote to his counterpart in Thailand and hopes were high that Davies would be freed.

But Seri Bundhitthaia, a Thai lawyer working for Davies, said the first plea for a pardon only reached the interior minister who reduced the sentence but had no powers to free him. The petition should have included a formal request for it to be passed to the king's secretary.

"It is clear that Mr Davies's pardon petition was not set before the department of the king's secretary or the privy council," Mr Bundhitthaia said. "This meant that there was never any prospect of Mr Davies being released."

Lady Symons, Foreign Office minister, confirmed that a new clemency plea was being considered, but denied that an administrative error had undermined the first attempt.

"We are currently considering supporting Mr Davies's second clemency plea and are in regular discussions with his lawyers in the UK," she said. "Thai officials have assured us that Mr Davies's first pardon petition did follow the correct route and was seen by the king. Should we decide to support Mr Davies's second plea, we will at the same time choose the most appropriate level of support."

Arrest

On January 4 1990, Davies was working in Thailand and had arranged to meet a Kuwaiti national at the head office of the Bangkok Bank to carry out a business transaction. As he left the bank he and two other men were arrested and charged with possession of heroin and of having attempted to sell this to a police informer.

The evidence against him consisted of the testimony of Thai police officers, supported by images taken from a security camera. In court, the prosecution argued that one image showed money for the pay ment for the heroin being withdrawn by an undercover policeman and the Kuwaiti, and another the money being counted by Davies and one of the co-defendants. But there was no money visible in that image, and it was timed seven minutes before the one it was supposed to follow.

As there were also inconsistencies in the police officers' accounts of what took place, the trial judge ordered that the entire video be produced in court. The police refused to hand it over. When the defendant's lawyer applied to the court to enforce its own order, the court refused to do so. The chief justice of Thailand was consulted and confirmed in open court that the courts had no power over the police.

As a result, Davies was sentenced to death on September 20 1994. The tapes have now either been "lost" or "destroyed" depending on what official statement is to be believed, rendering a re-examination of the case impossible.

Davies, who is divorced, has a son and daughter and four grandchildren. His 73-year-old mother collapsed on hearing of his arrest and died 12 days later.

His family have declined to comment on the case. But his daughter, Helen Champendal, writes in the second petition: "My family longs for the day when my father is free to spend unlimited time with us. However, we are increasingly concerned that this may never be possible. We have made the very hard decision that it is better to send him money to make his life a little more comfortable than to spend it on plane fares and accommodation in Bangkok. It is a cause of deep regret that my father has never seen any of his grandchildren."

Davies is not required to work while he is in prison but he passes the time by writing letters to supporters and volunteering to help with translation work.

Davies draws his comfort from his contact with the outside world. Last year Fair Trials Abroad wrote to a list of his personal correspondents, a number of supportive politicians and Amnesty International urging them to lobby the government on Davies's behalf. This generated more than 400 letters, so many that the Foreign Office asked FTA to tell its members to stop writing.

--The Guardian 2004-02-24

[NedKelly]

What a horror story.......and mr Taksin wants first world status !! You have some work to do yet old chap. Like a complete overhaul of the criminal justice system !!

[Nam Kao]

Watch your back over there, choose freinds and locations wisely

[parryhandy]

As there were also inconsistencies in the police officers' accounts of what took place, the trial judge ordered that the entire video be produced in court. The police refused to hand it over. When the defendant's lawyer applied to the court to enforce its own order, the court refused to do so. The chief justice of Thailand was consulted and confirmed in open court that the courts had no power over the police.

this would have been thrown out in the west.Its an absolute scandal that embassies do not do more for their nationals they should at least warn tourists and travellers a like that the Thai justice system is a joke (giving documented examples so people can weigh up the odds).

Also "the courts have no power over the police" what a joke.

[TizMe]

I am pretty sure that if I was in his shoes I would have confessed years ago. Its the only way to be granted a pardon or a transfer back home.

[dkstoney]

What kind of a business transaction was he carrying out with a Kuwaiti national??? I guess he was just minding his own business, huh? Maybe he poked the wrong cop's wife? Threw a cigarette butt on the ground? Pointed at something with his foot? Refused a straw for his can of Chang Beer? Who knows?

[sonthaya]

Anything is possible, TIT

[Arnold]

Government to ask Thailand to pardon 62-year-old businessman who maintains his innocence after 14 years in prison on drugs charges[/b]

-----

Classic Thai at its finest (or its worst, laziest etc etc)

Thailand is run by bumblers unworthy of recoginition from the first world.

And the British govt ######ed as well. All "good govt's" will stiff you when you need them most

[sriracha john]

UPDATE... he's freed after an additional 3 years to the OP

Man's 17-year Thai prison 'hel_l'

Mr Davies returned to the UK on Saturday (photo courtesy of Fair Trials Abroad)

The longest-serving British prisoner overseas has returned to the UK after serving 17 years in Thai jails - despite maintaining his innocence.

Alan John Davies, 65, from Blackpool, Lancashire, was convicted of trying to sell a large amount of heroin to a police informer in Thailand. Mr Davies was sentenced to death after a trial in September 1994, a term later reduced to 25 years in jail. Fair Trials Abroad say he was the victim of a "miscarriage of justice".

Mr Davies, who previously lived in Poole, Dorset, arrived back at Heathrow on Saturday after being released from a Bangkok prison.

He said: "It's more of a relief than anything. At last I'm away from there."

"That part of my life is over. When it happened I never thought it would go on this long."

"I'm happy and gradually getting round to seeing and speaking to all my friends who helped me."

Catherine Wolthuizen, chief executive of Fair Trials Abroad, said Mr Davies was the longest-serving British prisoner overseas.

- BBC

[Prakanong]

I am usually very cynical in cases of a prisoner being innocent - they all say that though!

This case seems to be different and has the hallmarks of other miscarriages - the guy sticks to his story even though by giving up on it he could have had an easier time of it ie transferred by to the UK system.

A case similar in the not admitting it stakes was that guy from Derby jailed for a murder in the 70's. He went way past his tariff sentence and in the UK the parole board will not release you from a life sentence unless you admit the crime.

He was proved innocent in the end - more than 20 years and he could have been out years before..

[kmart]

Great news!

[Oleg_Rus]

Its an absolute scandal that embassies do not do more for their nationals they should at least warn tourists and travellers a like that the Thai justice system is a joke (giving documented examples so people can weigh up the odds).

Interesting subj....

Another case of hypocracy:

The guy wasn't guilty (all was crap in court) and UK Govt didn't care much. C'mon, he was innocent, all right ? They stole his money and covered it with Vitamin H.

Good warning, though ...

Edited May 17, 2007 by Oleg_Rus

[Thaddeus]

It is good news, it should have happened sooner.

Just to harp back to over three years ago.

"the courts have no power over the police"

What is the point of having a judicial system then?

[PhilHarries]

It is good news, it should have happened sooner.

Just to harp back to over three years ago.

"the courts have no power over the police"

What is the point of having a judicial system then?

And just who, apart from the unmentionable obvious, does have power over the police?

[The Skipper]

You can pretty much guarantee, you won't get a fair shake when dealing with most Thai Police.

To lazy for real Police work. Only interested in exploiting their positions.

A majority of them are involved in organized mafia type activities.

They go around intimidating people because they have a badge and can make your life miserable.

Edited May 17, 2007 by The Skipper

[terryp]

An absolute miracle he survived …Must be an emotionally strong Guy

[Prakanong]

An absolute miracle he survived …Must be an emotionally strong Guy

Certainly - And physically too - not a young man going in there either.

[wintermute]

The chief justice of Thailand was consulted and confirmed in open court that the courts had no power over the police.

A yes, Amazing Thailand where courts can't force police to produce evidence in trials and have to go "by their word" even if it's contradictory.

[SiamSquare123]

"He has always maintained his innocence: for some years he has been eligible, in return for a confession, to transfer to a British prison and be free on parole within months, but he has refused to do so. "

What an interesting guy.

[PhilHarries]

"He has always maintained his innocence: for some years he has been eligible, in return for a confession, to transfer to a British prison and be free on parole within months, but he has refused to do so. "

What an interesting guy.

Yes, I'm always sceptical about those who plead their innocence as the world's jails are full of innocents. But his guy IMO has proved he truly must be innocent. A simple plea change would have transferred him to a shorter sentence in a more comfortable UK jail.

I sure hope he writes a book about his experiences, okay it would be almost a rerun of The Damage Done, but this time with a different perspective - that of an innocent man with a get out clause.

[Aussietraveller]

having read his story on Fair Trials Abroad web site, it would seent hat this guy was stitched up.

There was Policeman involved in his alleged drug transaction, and then the police refused to produce the evidence that they claimed proved his guilt.

He was still found guilty.

His co accused in this was aquitted on the same evidence...

More startling claims made on the web site fairtrialsabroad dot org include some serious claims against the British embassy.

an official at the British Embassy had provided secret evidence to the court, in the form of false statements on Embassy letterhead, including the incorrect statement that he was wanted by British authorities for drugs offences.

“John’s claims of malfeasance and incompetence by the British Embassy in Thailand are extremely serious, supported by documentary evidence and demand independent investigation.

“That a British national was possibly sentenced to death upon falsified evidence provided by a consular official should be a matter for concern and urgent review at the highest levels of the Foreign Office and British Government,” concluded Ms Wolthuizen.

Quote from fairtrialsabroad web site..

[Neeranam]

Guilty or not - good news!

[0Mix1up]

He looks like he just came back from a holiday

Amazing I'm not sure how long I'd last, not long me thinks.

Cheers John

[Mobi]

A shocking story indeed, and my admiration and heart goes out to John for surviving this terrible ordeal.

The accusations against the British Embassy seem incredible... but.. I wonder?

I wonder if there are any others who are in similar situations?

I would be most interested if there are. Maybe a few choice letters to British MP's might produce some action.

[cdnvic]

doesn't the OP say that he maintained his innocents? i don't know if he was guilty or not. seems like many of the TV posters are quick to condemn anyone in their sights. this is a pretty sad story. 17 years is a long time.

Well he and his mates were caught with a huge stash of heroin in their vehicle, and in 17years neither he, nor his lawyers have been able to come up with anything other than statements and unfounded allegations to show that he was wrongly convicted.

It's one thing to condemn someone without them being given a fair hearing, but this guy has been tried, and convicted, had good lawyers investigating on his behalf, and the convictions still stand.

I get tired of seeing people trying to smuggle drugs in Asia then play victim when they get caught.

You want a sad story? Look at the life of a heroin addict.

[gharknes]

I'm pretty sure that video would have been interesting, I'm also sure that certain bank accounts should have been checked after these events, money changed hands all right

how does a court of law have no power over evidence held by the police, how can a court make any kind off judgment when the police with hold critical evidence, the case should have been thrown out due to lack of evicdence, Thailand "what a seriously flawed mindset they have" similar to having a car accident, it's your fault because if you hadn't been in the country it wouldn't have happened..............I think I could reason better than that when I was 4

This guy lost 17 years of his life because some crooks saw an opportunity to pocket a large sum of money.

[Maigo6]

Don't worry chaps, he will be selling his story of .......17 years of hel_l in The Bangkok Hilton to the Sunday papers, then there will be a book, although if it is anything like Warren Fellows book, it will be grossly exaggerated and dramatised for effect.

Anybody that has been in Jail for 17 years won't have much to write about, not a lot goes on, you get up, you get let outta the cell, you eat, you are locked up, you are let out to eat again, you are locked up again, hardly inspiring material for a book.

Jails are full of innocent people..yea right.

[A_Traveller]

Whilst I'm glad to see him free, I do note that he had a conviction in the 60's for obtaining money by deception in the UK, which may have influenced the consular position. However, of course, under English law it should not, since it is deemed 'spent'.

Regards

PS Mr Davies has written an account of his time inside which he hopes will be published. Not sure how that works since a convicted felon in the UK may not benefit from such a publication. Don't know if that would apply to this foreign conviction.

/edit add PS//

Edited May 17, 2007 by A_Traveller

[Mobi]

Don't worry chaps, he will be selling his story of .......17 years of hel_l in The Bangkok Hilton to the Sunday papers, then there will be a book, although if it is anything like Warren Fellows book, it will be grossly exaggerated and dramatised for effect.

Anybody that has been in Jail for 17 years won't have much to write about, not a lot goes on, you get up, you get let outta the cell, you eat, you are locked up, you are let out to eat again, you are locked up again, hardly inspiring material for a book.

Jails are full of innocent people..yea right.

Yeah, must be almost as boring as sitting at some desk in Japan, trying to think up yet more cynical 'put downs' to post on a far off, Thai based, web forum, and see who you can annoy and/or provoke today....

Ah here comes my gorgeous wife, just what I need, a bit of hugging and kissing before I jump in the pool for my afternoon dip

Oh! sorry, wrong thread

[Etrigan]

Arrested in the 60's for a crime.

30 years later!!!!!

Who the hel_l are you people???????

I'm seriously beginning to question what the heck I'm doing reading some of the <deleted> that you people post!