Showing posts with label brian howes. Show all posts
Showing posts with label brian howes. Show all posts

Sunday, 28 December 2008

Howes Family Extradition By Billy Briggs

No UK trial to establish evidence of supplying global crystal-meth labs By Billy Briggs.

A SCOTS couple who have four children face the possibility of prison and extradition to America next month despite having not stood trial in a court for the crime of which they are accused.

In a case that highlights the controversial impact on British justice of the post-9/11 extradition treaty signed between the UK and the US, Brian and Kerry Howes of Bo’ness, West Lothian, are facing extradition to America on allegations of supplying chemicals over the internet in a conspiracy to produce crystal meth.

The couple, who deny the charges, face a preliminary extradition hearing at the high court in Edinburgh on January 14. They fear they will be remanded in custody and their four children will go into care ahead of their removal to America.



Under the terms of the treaty, the US can apply to have someone extradited without any trial taking place in the UK. On signing the Extradition Act 2003, the then home secretary, David Blunkett, removed the obligation on US law enforcement agencies to present British courts with prima facie evidence of criminality. Thanks to the Royal Prerogative, the treaty became law without parliamentary debate, which means that the US must only provide “written information” relating to an alleged wrongdoing.

Crystal meth - a form of amphetamine that has been crystallised so that it can be smoked - is a highly dangerous and addictive drug that has pervaded the poorer sections of American society for the past 20 years. Pseudoephedrine, iodine and red phosphorus are the three main chemicals required to make the drug, which produces a high that may last 12 hours or more.



Brian Howes - an amateur pyrotechnician who sold chemicals in the UK legally - denies that he and his wife broke the law by selling iodine and red phosphorus through their internet business. But federal prosecutors at the Drug Enforcement Agency in Arizona allege they were part of a drugs racket supplying a global network of meth labs in the United States, Europe, Australia, New Zealand, and other countries.

Howes said their children will have to go into care if they are remanded in custody and that his wife, Kerry, is 23 weeks pregnant and faces giving birth to their fifth child on a chain gang in Arizona. “We just want a fair trial in the UK but that is not going to happen as the extradition treaty replaces the word evidence’ with information’ - and information is accepted as true, that is the wording of the act. We have no faith in these proceedings as the files from our previous solicitors have not arrived with our current solicitors after three months, so no defence has been able to be mounted.

“In England, people are bailed right up to the House of Lords and then the European Court of Human Rights (ECHR), but we will be remanded during or after the high court hearing in Edinburgh. We need help with a fund to fight in the ECHR and then we may have a chance of bail. The Scottish legal aid system does not pay for this - in England it is even afforded to people who have confessed to a crime.”
Brian Howes Family



While a passionate debate raged across Britain about the 42-day limit for terror suspects, Brian, 44, and, Kerry-Ann, 30, previously spent 214 days on remand in prison, a detention that lasted five times longer than the proposed terror suspect threshold passed by the House of Commons in June but recently rejected by the House of Lords.

People can be held on remand indefinitely under the extradition treaty.

Middlesbrough Police: Frame Holdsworth John Sweeney

Three years ago Suzanne was jailed for a little boy's murder. But a damning investigation by the Mail found police had missed key evidence. Days after being released, she tells her haunting story to the man who helped clear her.
By John Sweeney
Last updated at 2:50 AM on 27th December 2008

Kyle Fisher, with his obvious eye injury

For Suzanne Holdsworth, the long, dark December nights were always the worst. But then, every minute she spent incarcerated in Low Newton prison, County Durham, was a living nightmare.

As the monotonous weeks and months stretc

hed on, she would often sit and wonder how her partner and two daughters were coping without her.

But it was at night, in her sparse, cramped cell, that the 38-year-old mother would lie awake, weeping silent lonely tears and wondering if she would ever spend another Christmas and New Year with her family again.

'Everybody who's got children and who's in prison knows that every day is hell, but birthdays, Christmas Day and New Year's Eve are the worst days of your life,' she says. 'Everyone else is having a happy time with their families, but you are locked inside.

'You can't have visits on Christmas Day: you have phone calls, but only at certain times of the day. All that me and the other girls wanted to do was

talk to our children all day.

'But there's nothing you can do but close the door behind you and cry and cry and cry.'

Were Suzanne a cold-blooded killer, or even

a part-time petty criminal, it might be hard to feel any sympathy.

But the fact is she was serving a life sentence for a crime she did not commit.

In 2005, she was convicted of the murder of two-year-old Kyle Fisher, the son of a 19-year-old single mother who had left him in her charge. Suzanne has always denied harming the little boy in her care.

She was jailed for life for Kyle's murder. In May this year, however, the Court of Appeal ruled that her conviction was unsafe after new medical eviden

ce emerged suggesting the baby may have died from an epileptic seizure. A retrial was ordered, and at the new trial a jury unanimously found Suzanne not guilty.

Just eight days ago, on December 18, Suzanne was freed. She stood, hand-in-hand with her partner Lee Spencer, on the steps of Teesside Crown Court, enjoying her first taste of freedom in more than 1,000 days.

She is now home, spending Christmas and New Year with Lee and daughters Lesley, 20, and Jamie-Leigh, 14, as well as her new grandson, Matthew.

She falters as she speaks: 'Did I ever think this day would come? No. I thought I would be in prison forever.'

Holdsworth-family

An emotional Suzanne Holdsworth leaves Teeside Crown Court after being found not guilty in her retrial for the murder of Kyle Fisher

At the time of Kyle's death, police investigating accused Suzanne, from Seacroft, Leeds, of repeatedly smashing his head against a banister in a fit of rage.

'I never harmed him, I loved him,' she said, and certainly it left family and friends bew

ildered that the woman they called a modern-day Mary Poppins could have any connection to such horror.

But Cleveland police were adamant: Suzanne Holdsworth, a former supermarket shelf-stacker, was a brazen liar and a baby killer.

Only something didn't quite add up. If there was a smashing of Kyle's head into a wooden banister, why was there no sign of impact? No blood, no hair, no traces of Kyle's skin anywhere in Suzanne's house. Why had no DNA test - which could have cleared Suzanne in the first instance - ever been carriedout?

'It was horrendous'

Kyle also suffered from myriad problems. First, heterotopia - brain matter in the wrong place, which can cause fits; second, megalencephaly - an abnormally big brain, which can cause fits; third, hydrocephaly - water on the brain, which can also cause fits; fourth, subdural haemorrhage, which can also cause fits.

Fifth, Kyle had been accidentally stabbed in the brain, in someone else's care, a year before he died - a terrible injury that caused his eye to droop as his damaged brain squeezed down 'like toothpaste through the tube'. It was pressing down through a hole in his eye socket onto the back of his eye.

Stabbing, squeezing and scarring of the brain can cause fits, too. And fits can kill.

These five brain disorders, any one of which could trigger an epileptic fit, eluded Cleveland Police's 'relentless investigation'.

So when Suzanne told the first trial jury in 2005 that Kyle had suffered from a fit, no one believed her.

'I remember the verdict coming,' says Suzanne, who even now is traumatised when talking about her ordeal. 'I remember seeing my partner Lee. Next minute, I was in a prison cell with just a bed and a CCTV camera looking at me. It was horrendous. Having no freedom, having people tell you what to do all the time.

Clare Fisher, Kyle's mum, had gone out clubbing and left her son in Suzanne's care.

Clair-fisher

'Missing my two children was the most terrible thing, and to begin with some of the other prisoners called me names: nonce, child killer. It didn't matter that I knew I'd done nothing wrong, no one can ever understand what that feeling is like - to be locked away in such a dreadful place and for murder no less, when you have done nothing wrong.'

Today, as they prepare to welcome in 2009, she and Lee, a lorry driver, want to put the past behind them. But they are angry and bitter at how such a grotesque miscarriage of justice could tear their family apart for over four years.

I first reported on the possibility that Suzanne was in jail thanks to a grotesque miscarriage of justice a year ago for BBC2's Newsnight.

Since 2001, I have helped free or clear the names of eight people who have been wrongly accused of child murder and manslaughter, starting with cot death mothers Sally Clark, who died of grief last year, Angela Cannings and Donna Anthony.

All eight stories are double tragedies: the death of a child compounded by the false conviction of an innocent parent or carer. In seven of the eight cases, police and the courts were misled by rogue experts such as Professor Sir Roy Meadow or disputed scientific theories such as 'shaken baby syndrome'.

I was approached about Suzanne's case by her lawyer, whom I had worked with on previous occasions and court cases. The minute he showed me all the evidence - NOT taken into account by police officers working on the original murder inquiry - it seemed obvious that this was one of the worst miscarriages of justice I had ever encountered.

And it was also deeply troubling because it raises questions about the thoroughness of the original inquiry carried out by Cleveland Police.

It was led by Detective Superintendent Tony Hutchinson, who has since retired.

Hutchinson was Cleveland's bullet-headed super-cop, leading dozens of murder inquiries, who shot to international fame when he nailed missing 'canoe man' John Darwin.

Hutchinson maintained after Suzanne's first trial that she 'must have known very quickly that she had inflicted serious, if not fatal, injuries, and while she called for medical assistance' - the 999 call - 'she also began to manipulate the situation. She very calmly applied her mind as to how she would explain the injury to the authorities.'

Could she really be such a calculating killer, though? Naturally, Suzanne's own version of events - and the 999 call itself, which was broadcast last week for the first time - does not appear to suggest it.

It was late evening on July 21, 2004, when Suzanne was babysitting Kyle because his mother Clare Fisher had gone out clubbing. Suzanne's daughters were with Lee, who was working abroad.

Jon Taylor, Kyle's father, has said he never believed Suzanne was responsible for his son's murder

John-taylor

Suzanne explains the events of that terrible night: 'Clare came over with Kyle, then went out to a nightclub with a friend. Kyle had his yoghurt and juice and we sat together, watching the reality show Big Brother on TV.

'We were having a lovely evening and then I must have yawned, because Kyle said: "Suzie tired". Then, as he shuffled to get off the sofa, his head went down, in a sort of flopping motion. I moved the coffee table out of the way and his head fell to the floor. I put him down on the sofa and threw water on him, the shock of it should have woken him because he hated water. Nothing. I dialled 999.'

A miscarriage of justice

The emergency call was played in court at Suzanne's trial. In it, clearly panicking, Suzanne describes Kyle as going 'all floppy, he's not breathing, his eyes are rolling and everything' - a classic description of an epileptic fit.

Suzanne is screaming and sobbing so much the operator cannot understand what she is saying, hard to reconcile with Hutchinson's concept of a calm, manipulative mind at work.

Then there is the so-called murder weapon. Andrew Robertson QC, prosecuting, alleged at trial and retrial that Suzanne had smashed Kyle's head against a banister at her house. But nothing was visible on the banister - no dent, no blood, nothing.

At the first trial, Judge Grigson said that the evidence presented by the Crown's forensic expert was of 'breathtaking banality'.

At the second trial, the jury pointedly asked whether Kyle's DNA was on the banister. The answer? No tests had been carried out.

Lee, Suzanne's partner, shakes his head in disbelief, still unable to fathom why the police didn't carry out tests on the banister.

'They didn't do a DNA test on the alleged weapon. I'm no Sherlock Holmes, but what kind of investigation was that?' he says. 'DNA profiling can distinguish between snot, tears, saliva, hair follicles, scalp. Technology can distinguish between all of them, but no DNA test was done.'

John-sweeney

The author, investigative reporter John Sweeney, who helped clear Suzanne Holdsworth of murder

Then there is the question of Kyle's general well-being. Cleveland Police said that Kyle was an essentially healthy boy whom Suzanne had murdered.

'They told me again and again, "You did it, you did it",' says Suzanne. 'They were so wrong. Look at his drooping eye.'

On March, 15, 2003 - more than a year before he died - Kyle was taken to hospital with an injury to that eye.

On that very day, Lee had noticed Clare Fisher cradling her injured son outside her house in Troutpool Close, Hartlepool. She explained that he had fallen from his pram onto a spike from a fireguard. His eye socket was filling with blood.

It was patched up, but months later when Kyle's eye began to droop, he was taken back to the James Cook hospital in Hartlepool, and in February 2004 he was seen by face surgeon Professor Brian Avery and brain surgeon Sid Marks.

They carried out brain scans, found a hole in the eye socket through which the brain was squeezing 'like toothpaste through the tube' and planned to operate on him. This should have been crucial evidence in the investigation. But Cleveland Police never took statements from the two surgeons.

Suzanne is livid about what appears to be a gross lapse of normal police procedure: 'The drooping eye should have been investigated properly by the police,' she says.

'Kyle died of a head injury. The droopy eye was a head injury.'

What angered Suzanne and Lee most, though, was that her own defence team didn't call a single defence expert at her first trial.

Finally, a free woman
Publish Post

After Suzanne was convicted, Lee - who never doubted her innocence - found a new defence solicitor, Campbell Malone. He helped free wrongly convicted Stefan Kiszko, who spent 16 years in prison for the murder of schoolgirl Lesley Molseed.

Malone contacted me and we set about gathering the evidence that would help clear Suzanne's name. Malone found three experts on human brain disorders.

Dr Waney Squier, a neuropathologist at Oxford University, was the first to identify that Kyle was in danger of suffering fits from his brain abnormalities and his injury, and the conviction against Suzanne could be a miscarriage of justice.

Last December, while Suzanne was still in prison, Dr Squier told BBC's Newsnight programme that Kyle had 'abnormalities in his brain that would predispose him to having seizures. And seizures can kill.'

In her view it was 'extremely unlikely' Suzanne had killed Kyle.

Kyle's eye was seriously injured in a freak accident a year before his death

After the second trial, expert for the defence Bill Dobyns, professor of neurology, paediatrics and genetics at Chicago University, told me: 'It's almost embarrassing the number of medical factors they (the police and prosecution) first completely missed, and when I and other defence witnesses pointed out, they then ignored.'

On top of this, there is also the ordinary evidence of Suzanne's character. Trusted by friends and family as a babysitter, Suzanne was said to be 'very good with children'.

Even Kyle's father - who had long since split with Kyle's mother - believed her to be innocent.

But the same could not be said for the character of Kyle's own mother. One woman juror at the second trial was seen holding her hand in front of her mouth in horror as the court watched a video of Clare Fisher's house: clothes strewn about, objects were lying around, and Kyle's bedroom looked like a junkyard, with a broken cot on the floor.

Judge Grigson at the first trial told the jury that the house had been described as a 's***-pit'.

Clare even admitted at the second trial that she had been a negligent, 'home-alone' mother.

Four nights before he died, she had locked Kyle in a bedroom by blocking the door with a broom handle and tying it with a belt, before going out clubbing.

A neighbour heard Kyle crying and called the police. Suzanne only realised what had happened afterwards, but says Clare asked her to cover up and say she had been with Kyle that night to stop Clare getting into trouble. Suzanne agreed to help her friend and neighbour.

'I was wrong to cover up for Clare,' says Suzanne. 'I told a white lie - but the prosecution made it much darker. I ended up paying for it for three years inside.'

Another issue at both trials was unexplained bruising on Kyle's head. Both babysitter and mother deny causing the bruising.

Another expert, Professor Renzo Guerrini from the University of Florence, gave evidence that it could have been caused by Kyle himself, banging his own head in an unseen fit. And if the bruising had been caused by one of the two women, then which one?

As Suzanne adjusts to life back with her family, Cleveland Police have announced they will not be apologising for what they describe as a 'thorough, diligent and professional investigation'.

Chief Constable Sean Price says: 'I can't criticise my officers for doing their job. The reason we have jury trials is so they can decide when they have heard all the facts.

'I don't really have any intention of speaking to Suzanne Holdsworth, and she probably just wants to be allowed to get on with things now.'

Suzanne and Lee are naturally disappointed, but not surprised, at the police's reaction.

'I spent three years in prison for a murder that didn't happen so the chief constable is wrong,' says Suzanne.

'I'll never forget Kyle. I loved him very much, but it is utterly wrong that I have had to suffer, too, for something I haven't done. Yes, I'm thankful to be free, but an apology is something I would like very much.'

Sunday, 21 December 2008

Middlesbrough Police: How did Kyle die?


Kyle1




Kyle Fisher left.


(Cleveland Police need investigating urgently)



Published Date:


19 December 2008






The devoted dad of tragic tot Kyle Fisher is demanding the police investigation into his death is re-opened.

A jury yesterday cleared babysitter Suzanne Holdsworth of killing two-year-old Kyle, from Houghton, after she was accused of flying into a fit of rage and repeatedly banging his head against a wooden banister with as much force as a 60mph crash.

Ms Holdsworth, 38, of Boggart Hill Drive, Leeds, appeared at Teesside Crown Court, accused of murder and an alternative charge of manslaughter after a retrial.

But after almost three weeks in court, a jury yesterday acquitted Ms Holdsworth of the charges, and Cleveland Police say they have no plans to reopen the case.



John Sweeney call with Suzanne Holdsworth in

prison, a very sad call.











Today Kyle's distraught dad, Jon Taylor, of Houghton, demanded answers and a further probe into the death of his son, who he knows as Kyle Jon David Taylor.

He said: "I was never 100 per cent certain Suzanne did it. It's taken four years to get to this."

"It's been hard for the last four years and all I want now is to find out how he died.

"I want to know the truth, I'm sick of it all.

"There's no resolution for me as to what happened, and that's what I want."

Ms Holdsworth was accused of killing Kyle, of Houghton, at her home, then in Millpool Close, Hartlepool, as she looked after him while his mum, Clare Fisher, went to a karaoke night on July 21, 2004.




It was also claimed Ms Holdsworth assaulted Kyle the previous night when she looked after him while his mum went to the cinema.

But Ms Holdsworth, a former supermarket worker, argued Kyle suddenly "went floppy", started hitting himself and was drifting in and out of consciousness while they were watching TV on the sofa.






He was taken to Hartlepool's University Hospital and was later transferred to Newcastle General Hospital where he was put on a ventilator, but was later taken off after it became clear he was brain dead.



During the retrial, the jury heard from two medical experts who said an epileptic fit was most likely to have been the cause of death.

But the court also heard baby Kyle had bruising and marks to his head.



Ms Holdsworth's defence blamed Kyle's mum, claiming they were inflicted the previous day and, coupled with his brain abnormalities, led to the deadly fit.

The court heard Miss Fisher was suffering from depression at the time and was unable to cope with the demands of bringing up a toddler.





Her house was untidy, neighbours complained of loud music at night, and days before Kyle died, she "mistreated" him by leaving him home alone while out with friends.

Andrew Thomas QC, defending, said: "It is Clare Fisher who is the credible candidate for attacking Kyle in this case."

Friday, 19 December 2008

Kyle: 'Police must apologise for years of hell'

Published Date: 19 December 2008 ( Cleveland Police the UK's most corrupt force on record.)

SUZANNE Holdsworth's solicitor has demanded an apology from police after she was put through years of hell.

Campbell Malone went on to say that Suzanne was "lucky" to have partner Lee Spencer by her side throughout her grim ordeal.

Mr Malone said: "It's difficult to use the word lucky when she has spent years in prison but she is lucky that she has had Lee by her side, he is a great guy.



"He has been the driving force behind this.

"Lee knew that she simply could not have done this and he never wavered in getting the case re-opened after her conviction."

Mr Malone hit out at police for praising their inquiry in a force publication and called on them to
apologise to Suzanne.


He added: "When Suzanne was originally convicted, the police, in their annual publication, congratulated themselves and I hope they are going to take a deep, serious look at this investigation.

"I had hoped the appeal would have been the end of it but although it has been a prolonged ordeal for Suzanne it is great that all of the evidence has come out and she has been cleared by a local jury.

"I know that the one thing Suzanne would like to come out of this case is an apology from the police."

After the case, Cleveland Police said they would not be reopening the investigation into Kyle's death, and later added an apology would not be issued.

Detective Chief Superintendent Mark Braithwaite said: "The retrial of Suzanne Holdsworth was properly brought at the direction of the Court of Appeal and followed the receipt of new expert medical evidence that was not available to the jury at the first trial.

"This has been a classic jury case. Their job is to consider the evidence against the defendant. To convict they must be sure of the defendant's guilt beyond reasonable doubt.

"The jury has properly done their job and have acquitted Suzanne Holdsworth. It is not our intention to reopen investigations into Kyle's tragic death."

Of the apology, a Cleveland Police spokeswoman added: "We are not reopening the investigation into Kyle Fisher's death and we are not issuing an apology."

Keith Simpson, of the Crown Prosecution Service, said: "The role of the Crown Prosecution Service is to determine whether there is sufficient evidence to justify a case being brought and a realistic prospect of conviction.

"The role of the jury is to decide whether the evidence shows beyond any reasonable doubt that the accused is guilty.

"That is how our justice system works.

"The jury have decided that Miss Holdsworth is innocent.

"I am entirely satisfied that the Crown Prosecution Service and the police were wholly right in bringing this case to court for a second time."

It later emerged that Kyle was not known to social services at Hartlepool Borough Council, and was therefore never deemed to be at risk.

A serious case review after his death concluded that any culpability for Kyle's death "lay outside any professional agency".

It also emerged during the trial that the tragic youngster was due to undergo surgery for a brain condition, but that medical evidence never came to light.

Wednesday, 8 October 2008

Middlesbrough based Police Officer in court over GBH charge

Cleveland oink

Posted by Evening Gazette on October 7, 2008 11:21 AM |

A CLEVELAND Police officer has appeared in court charged with causing grievous bodily harm.

PC Simon Atkins, 36, who is based in Middlesbrough but is currently suspended, appeared before magistrates at Teesside Magistrates Court yesterday.Monday

He is charged in connection with an incident in which a 32-year-old man was arrested in Middlesbrough on September 30, 2007.

The allegation follows an investigation by the Independent Police Complaints Commission (IPCC).

In a brief hearing, the case was adjourned until October 14 and PC Atkins was granted unconditional bail until that date. No plea was entered.

CLEVELAND Police Chief Constable Sean Price today defended his force’s record - despite figures showing Teessiders suffer more crimes per person than anywhere else in the UK.

New Home Office figures for recorded crime reveal that for every 1,000 people living on Teesside, there were 119 crimes recorded in 2007-2008 - the highest in the UK. The national average was 91 crimes.

But Mr Price today said the “recorded” crime figures were misleading and an alternative survey had found that Teesside has one of the lowest figures for crimes against the person in the UK.

The two sets of figures were revealed in a Home Office report into crime in England and Wales for 2007-2008.

Recorded crimes are those offences reported to or noted by police forces.

However, the British Crime Survey (BCS) involved quizzing 47,000 people across the UK - including 1,064 people on Teesside - about their experiences and perceptions of crime and takes account of offences not reported to the police.

In recorded crime Teesside also topped the table in violence against the person, at 23 offences per 1,000 people and criminal damage, with 31 offences.

North Yorkshire shared the lowest figure in England at 64 crimes.

But Mr Price said Teesside’s small geographical size compared to other areas made the recorded crime statistics misleading.

He told the Gazette: “We do think per thousand population is a bit of a false way to look at crime.

“We compare ourselves with Manchester. They have concentrations of crime but they have a very large geographical area. But we have a small area so it looks like we are worse.”

Mr Price said the BCS is regarded as a “better reflection of the true extent of household and personal crime”.

The survey suggests that Teesside has one of the lowest figures for crimes against the person in the UK at a rate of 488 crimes per 10,000 population.

The average figure for England and Wales was nearly twice Teesside’s figure at 848.

Mr Price added: “Each police force records its own crime and can influence that crime in terms of how it’s recorded. But when it comes to asking 47,000 people, no police force can influence that - it is what the public think and have experienced.”

Mr Price added that many people felt the force was currently over-recording crime, with incidents such as a school playground fight perhaps better dealt with by other means.

Cleveland Police Authority Chairman Councillor Dave McLuckie said the latest performance figures showed that in the three months to the end of June, the number of recorded crimes on Teesside was slashed by more than 2,800 compared to the same period last year.

He added: “Whether it is violence, robberies, burglaries and theft or motor crime, the figures tell the same story - good news for law-abiding citizens and bad news for criminals.”

Offences 2007-2008
Total offences: 119
Violence against the person: 23
Sexual offences: 1
Robbery: 1
Burglary: 13
Offences against vehicles: 12
Other theft offences: 29
Fraud and forgery: 2
Criminal damage: 31
Drug offences: 4
Other offences: 3

Derek is new Deputy Chief

Bonnard

CLEVELAND Police has a new Deputy Chief Constable - and he is Teesside born and bred.

Derek Bonnard, a Boro fan and season ticket holder at the Riverside Stadium, has been promoted to the post after serving with the force as Assistant Chief Constable for more than four years.

Mr Bonnard, 45, takes over the Deputy Chief Constable’s role from Ron Hogg who retired recently after a long career in policing in the North-east.

After gaining a BSc Honours Degree from University College, London, Mr Bonnard began work in the city as a tax specialist with the major accountancy firm Touche Ross.

In 1986 he transferred to the company’s Leeds office but a year later joined West Yorkshire Police, rising to the rank of Chief Superintendent.

Since joining the Cleveland force in 2004, Mr Bonnard has had responsibility for a wide range of activities - including neighbourhood policing, special constables, volunteers and professional standards.

Middlesbrough based Police Officer in court over GBH charge

Cleveland oink

Posted by Evening Gazette on October 7, 2008 11:21 AM |

A CLEVELAND Police officer has appeared in court charged with causing grievous bodily harm.

PC Simon Atkins, 36, who is based in Middlesbrough but is currently suspended, appeared before magistrates at Teesside Magistrates Court yesterday.Monday

He is charged in connection with an incident in which a 32-year-old man was arrested in Middlesbrough on September 30, 2007.

The allegation follows an investigation by the Independent Police Complaints Commission (IPCC).

In a brief hearing, the case was adjourned until October 14 and PC Atkins was granted unconditional bail until that date. No plea was entered.

CLEVELAND Police Chief Constable Sean Price today defended his force’s record - despite figures showing Teessiders suffer more crimes per person than anywhere else in the UK.

New Home Office figures for recorded crime reveal that for every 1,000 people living on Teesside, there were 119 crimes recorded in 2007-2008 - the highest in the UK. The national average was 91 crimes.

But Mr Price today said the “recorded” crime figures were misleading and an alternative survey had found that Teesside has one of the lowest figures for crimes against the person in the UK.

The two sets of figures were revealed in a Home Office report into crime in England and Wales for 2007-2008.

Recorded crimes are those offences reported to or noted by police forces.

However, the British Crime Survey (BCS) involved quizzing 47,000 people across the UK - including 1,064 people on Teesside - about their experiences and perceptions of crime and takes account of offences not reported to the police.

In recorded crime Teesside also topped the table in violence against the person, at 23 offences per 1,000 people and criminal damage, with 31 offences.

North Yorkshire shared the lowest figure in England at 64 crimes.

But Mr Price said Teesside’s small geographical size compared to other areas made the recorded crime statistics misleading.

He told the Gazette: “We do think per thousand population is a bit of a false way to look at crime.

“We compare ourselves with Manchester. They have concentrations of crime but they have a very large geographical area. But we have a small area so it looks like we are worse.”

Mr Price said the BCS is regarded as a “better reflection of the true extent of household and personal crime”.

The survey suggests that Teesside has one of the lowest figures for crimes against the person in the UK at a rate of 488 crimes per 10,000 population.

The average figure for England and Wales was nearly twice Teesside’s figure at 848.

Mr Price added: “Each police force records its own crime and can influence that crime in terms of how it’s recorded. But when it comes to asking 47,000 people, no police force can influence that - it is what the public think and have experienced.”

Mr Price added that many people felt the force was currently over-recording crime, with incidents such as a school playground fight perhaps better dealt with by other means.

Cleveland Police Authority Chairman Councillor Dave McLuckie said the latest performance figures showed that in the three months to the end of June, the number of recorded crimes on Teesside was slashed by more than 2,800 compared to the same period last year.

He added: “Whether it is violence, robberies, burglaries and theft or motor crime, the figures tell the same story - good news for law-abiding citizens and bad news for criminals.”

Offences 2007-2008
Total offences: 119
Violence against the person: 23
Sexual offences: 1
Robbery: 1
Burglary: 13
Offences against vehicles: 12
Other theft offences: 29
Fraud and forgery: 2
Criminal damage: 31
Drug offences: 4
Other offences: 3

Derek is new Deputy Chief

Bonnard

CLEVELAND Police has a new Deputy Chief Constable - and he is Teesside born and bred.

Derek Bonnard, a Boro fan and season ticket holder at the Riverside Stadium, has been promoted to the post after serving with the force as Assistant Chief Constable for more than four years.

Mr Bonnard, 45, takes over the Deputy Chief Constable’s role from Ron Hogg who retired recently after a long career in policing in the North-east.

After gaining a BSc Honours Degree from University College, London, Mr Bonnard began work in the city as a tax specialist with the major accountancy firm Touche Ross.

In 1986 he transferred to the company’s Leeds office but a year later joined West Yorkshire Police, rising to the rank of Chief Superintendent.

Since joining the Cleveland force in 2004, Mr Bonnard has had responsibility for a wide range of activities - including neighbourhood policing, special constables, volunteers and professional standards.

Wednesday, 24 September 2008

BitTorrent crackdown cops fail to pay music copyright fees

Six OiNK accused in court today

By Chris Williams • Get more from this author

Cleveland Police, the force that will today bring six people to court for alleged involvement in the OiNK BitTorrent network, does not pay licensing fees to legally play music in its canteens, it has emerged.

Rumours that Cleveland Police was infringing copyright law have been circulating for several months. Yesterday the Middlesborough Gazette reported the force admitted the transgression and said it had not decided whether to pay its Performing Rights Society (PRS) subs.

The PRS collects royalties for artists and record companies from non-domestic performance of recorded copyright music.

A spokeswoman confirmed Cleveland Police's position to El Reg today.

A statement from Cleveland Police Deputy Chief Constable Derek Bonnard said: "We continue to assess the position and are seeking advice to determine if we are required by law to spend a significant amount of public money, which we consider is better committed to crime fighting, in this way." That Quote is priceless

The PRS argues that police forces are required to pay the same as other organisations. It issued a High Court writ against police in Lancashire earlier this year for the same infringment Cleveland has admitted.

PRS said only 11 forces nationwide have paid for the legal right to play copyright music in staff areas. Action against the Lancashire Constabulary has been suspended while the parties attempt to negotiate a settlement.

Depending on where and how it it plays copyright music, Cleveland Police can expect a PRS bill of between a few hundred and a few thousand pounds.

Alan Ellis, the 25-year-old administrator of OiNK, will face Teesside magistrates today on a charge of conspiracy to defraud. Five individuals who were arrested following last year's raids on Ellis and OiNK's servers will also appear, accused of criminal copyright infringement for uploading new trackers to the site.

All of the alleged offences could carry prison sentences. ® Corrupt Cleveland Police Officers.

Tuesday, 23 September 2008

No licence for Cleveland Police OINK Alan Ellis

I think this amounts to conspiracy to defraud the music industry as
Derek Bonnard clearly conspired with others not to pay. But Cleveland
Police have always been willing to break the law when it suits them.
Opinion by Brian Howes.

A POLICE force that launched a crackdown against music piracy may itself be breaching music copyright laws, it has emerged.

But Cleveland Police chiefs today claimed they would rather spend public cash on fighting crime than paying for music rights.

Music licensing authority the Performing Rights Society (PRS) claims many forces have no licence to allow the playing of music in their stations.

A PRS licence is required by law in many cases when music is played outside a domestic home.

The licence fee - which for a whole police force could run from several hundred to thousands of pounds a year - is applicable to music played on a television, radio or CD player, music played in areas such as staff canteens or social areas, and during a presentation or social event.

Cleveland Police is among dozens of forces that have not paid up. Last year the force made headlines across the world when it swooped on a Middlesbrough house to crack a suspected international music piracy scam worth hundreds of thousands of pounds.

It is alleged the website, called Oink, involved a private file sharing site with a worldwide membership of 180,000 people. It is said to have allowed the uploading and downloading of pre-release music. The high-profile raid sent shock waves around the internet world.

Now Cleveland Police may itself have fallen foul of music copyright laws.

Other businesses that require a licence if music is played include hairdressers or shops.

The PRS has taken Lancashire Police to the High Court asking for an injunction over the issue. The legal action is on hold while negotiations take place in a bid to reach a settlement.

A PRS spokeswoman said only around 11 police forces in the UK currently hold a licence.

Cleveland Police Deputy Chief Constable Derek Bonnard said: “We continue to assess the position and are seeking advice to determine if we are required by law to spend a significant amount of public money, which we consider is better committed to crime fighting, in this way.”

Six people have been charged in connection with the Oink arrests in October of last year and are due before Teesside Magistrates’ Court.

Saturday, 6 September 2008

Tourists must wait for decision over extradition to Cyprus


THE UK GOVERNMENT ALLOWS UK CITIZENS TO BE EXTRADITED EVEN WHEN THEY HAVE BEEN CONVICTED IN THIER ABSENSE TO FACE JAIL TERMS WITHOUT ANY CHANCE OF APPEAL OR RETRIAL.





Two Essex men face months of waiting to find out if they must return to Cyprus to serve a three-year jail sentence for their involvement in a teenager's death.

Luke Atkinson, 24, and Michael Binnington, 23, both from Witham, appeared at City of Westminster Magistrates' Court hoping to discover whether they had won their fight against extradition.

But the case was adjourned to a later date, and it is likely to be taken to the High Court next year before it is resolved.

The two men were passengers in a car driven by Atkinson's uncle Julian Harrington in Protaras, Cyprus, in 2006, when it hit a moped, killing the bike's pillion passenger, Christof Papiris, 17.

Harrington, also from Witham, is serving a 15-year jail sentence after admitting manslaughter and causing grievous bodily harm.

Atkinson and Binnington have said they were only involved "unwittingly" as back seat passengers in a highly drunken state.

They were initially acquitted, but at an appeal hearing in April at the Supreme Court of Cyprus which they did not attend, they were found guilty of conspiracy to cause manslaughter. They were sentenced to three years in prison and European Arrest Warrants were later issued to return them to Cyprus.

District Judge Quentin Purdy has ruled: "The Supreme Court of Cyprus conducted a trial at which both men deliberately absented themselves."

He adjourned the case to September 19 when another hearing date will be set. Both men are on bail.

It must now be decided whether the trial in Cyprus was fair and in compliance with the Human Rights Act and both sides have indicated they will appeal any extradition decision in the High Court, which means the issue is not likely to be resolved until at least the beginning of next year.

 

LIBERTY SHOULD CHALLENGE THE EXTRADITION TREATY IN THE ECHR.

Friday, 13 June 2008

Lords to rule on hacker Gary McKinnon's extradition

Lords to rule on hacker Gary McKinnon's extradition


McKinnon


Author:
Ian Grant
Posted:
17:07 13 Jun 2008

The US government accuses McKinnon of breaking into the
computer network at the Earle Naval Weapons Station, stealing computer
passwords, and shutting down the network in the immediate aftermath of
the 9/11 terrorist attacks.


A second indictment charges McKinnon with intentional damage to a
protected computer, with intrusions into 92 computer systems belonging
to the US Army, Navy, Air Force, Department of Defense and NASA.


McKinnon is also charged with hacking into two computers located at
the Pentagon and six private companies' networks. He is accused of
causing approximately £450,000 in damages to computers located in 14
states.


"As a result of the intrusions into the US military networks,
McKinnon rendered the network for the military district of Washington
inoperable," a US Attorney statementsaid.


McKinnon admits entering US computer systems without authorisation, but denies causing damage or non-operation of any of them.


If convicted, McKinnon could face 60 years in a US jail.


Members of the former National High Tech Crime Unit arrested
McKinnon in 2002, three years after he began looking for evidence of
extra-terrestrial beings and technologies on US computers, McKinnon
told Computer Weekly.


British taxpayers will pay both the CPS's costs and much of McKinnon's. The total so far is estimated to be close to £900,000.


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Friday, 6 June 2008

Time runs out! Should this happen with no evidence?

Time runs out!



Family await appeal verdict
Family await appeal verdict

Published Date: 06 June 2008
A COCKROACH-INFESTED cell in a tough Arizona jail could be home to Bo'ness businessman Brian Howes for three years as he awaits trial in the United States.
This week, Scottish justice minister Kenny MacAskill gave his approval to demands that Mr and Mrs Howes should be extradited to the United States.

Mr Howes is appealling that decision. If the appeal fails he could be in an American jail within 28 days.

The father of six then faces a lifetime behind bars if claims he illegally supplied chemicals which are used to create the deadly illegal drug crystal meth are substantiated.

Also facing a miserable future is Mr Howes' bride of three months, Kerry-Ann Howes (30).

Mr Howes (44), of Bridgeness Road, told the Journal: "I don't think either Kerry-Ann or myself is strong enough to withstand the Arizona penal system which is said to have the worst human rights record in the United States.

"Temperatures hit 140° Fahrenheit, there are chain gangs and racism. Saughton prison, where I spent seven months on remand, is a holiday camp in comparison!"

The couple, who have no funds, will have to rely on a public defender to plead their case in the US. That could mean a three-year wait before their case goes to trial.

"Cases taken by the public defender, the equivalent of our legal aid system, are seen as low priority," said Mr Howes.

"I have it on good authority that, if I had £30,000 to pay our legal costs then, if our appeals fail and we're extradited, the case could be heard within a year."

Mr Howes said he did not blame the justice minister for signing the extradition warrant.

"My information is that he was sympathetic towards us but that it was not in his power to refuse," he said.

Mr Howes insisted no firm evidence has yet been produced to link his businesses with the production of crystal meth in the United States.

He said: "I have asked Kenny MacAskill and Alex Salmond if they would, in an independent Scotland, support an extradition treaty that can see people stand trial without prima facie evidence. I have not had a reply from either of them."

He went on: "I can't envisage the damage extradition would do to our whole family.

"Our two youngest children would be take into care and the elder two would also be farmed out. As it is, my bail conditions prevent me from seeing my two children in England."

Mr and Mrs Howes face 82 charges of supplying chemicals over the internet to people believed to be involved in producing methamphetamine, commonly known as "crystal meth".

The couple were arrested in January 2007 by officers from Central Scotland Police acting on behalf of the US Drug Enforcement Agency.

At Edinburgh Sheriff Court in April, Sheriff Isabella McColl said she was satisfied the US request met the requirements of the Extradition Act. The court heard claims that chemicals supplied by the couple were traced to more than 80 illegal laboratories in the US.

The court was also told that, between August 2004-06, the couple's business was alleged to have supplied 653lb of red phosphorous and 97lb of iodine to the US.

Use of methamphetamine can lead to depression, paranoia, violent behaviour, kidney failure and internal bleeding.

Mr Howes has a son, Ryan (11), and daughter, Jessica (9), in England from a previous relationship.

He and Kerry-Ann, who were married in Bo'ness Registry Office just days before they learned that they were to be extradited, have two children, Ellie (5) and Leela (2).

Mrs Howes has two daughters, Denni (10) and Bethany (9) from a previous relationship.
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Monday, 2 June 2008

UK cops arrest six alleged BitTorrent music uploaders

Surprise new arrests in OiNK investigation

Published Monday 2nd June 2008 14:29 GMT

Updated Cleveland police have today confirmed that six people have been arrested for allegedly sharing music files via the defunct BitTorrent tracker OiNK.cd.

Five men aged between 19 and 33, and a 28-year-old woman were detained "in relation to uploading pre-release music", the force said in a statement. Three of the arrests were made on Friday 23 May, and three on Wednesday 28 May.

All have been bailed without charge, pending further inquiries. A spokeswoman for Cleveland police was unable to provide details of which specific criminal law or laws the six are under suspicion of breaking.

The swoop comes more than seven months after OiNK.cd was shutdown by a widely-publicised raid at the Middlesbrough home of its adminstrator, 24-year old IT worker Alan Ellis. A coordinated move by Dutch police also seized the invitation-only website's servers, which were later returned wiped.

Ellis remains on police bail under suspicion of conspiracy to defraud and infringement of copyright law. His bail has been repeatedly extended, with the next deadline set for 1 July.

Reports of further arrests in the investigation emerged on Friday 30 May on the filesharing blog Torrentfreak. Today it cites sources saying that the majority of those arrested did not know Alan Ellis. It's claimed they have been asked to hand over details of their OiNK.cd accounts, including passwords.

Section 49 of the Regulation of Investigatory Powers Act can be used by police to force suspects to disclose encryption keys and passwords. Failure to comply with with a section 49 order carries a prison sentence of up to five years.

At the time of the shutdown, investigators took over the OiNK.cd domain, posting a warning to the site's users. It said: "A criminal investigation continues into the identities and activities of the site's users." Many BitTorrent users had believed further arrests were unlikely, however.

Control of the domain has since returned to its owner.

OiNK.cd was reckoned by many filesharers to be the internet's most complete music source. It focused on high quality files and featured trackers for pre-release material, which drew it special attention from record industry anti-piracy investigators. ®

Update

The BPI, which represents major record labels in the UK, sent us this statement in response to the news:

The BPI and IFPI worked with the police in order to close down the OiNK tracker site last October. The illegal online distribution of music, particularly pre-release, is hugely damaging, and as OiNK was the biggest source for pre-releases at the time we moved to shut it down. We provided the information to assist this investigation, but this is now a police matter and we are unable to comment further at this stage.
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Blunkett: Labour at rock bottomThe end of Labour


Gordon Brown's government has "hit rock bottom", but defeat over
anti-terror plans would not be a "knockout blow", ex-home secretary

David Blunkett says.

Attempts to extend the limit to 90 days in 2005 ended in defeat for Labour
An armed police officer









He told Simon Mayo on BBC Five Live that Labour's present unpopularity meant things could not get any worse.


Mr Blunkett backs the plan to extend from 28 days to 42 days the time terror suspects can be held without charge.


Mr Brown says he will not retreat on the issue despite the number of Labour rebels threatening to inflict defeat.


Mr Brown says the extension from 28-days is needed because of the complexity and sheer number of plots.






















We've hit a rock bottom in my view and we can only climb out of it












David Blunkett
Sheffield Brightside MP















But he faces opposition from about 50 Labour MPs, in addition to Lib Dems and Tories amid fears over civil liberties.


Mr Brown says he has "tried to build a consensus" on the plans - due to
be subject to a Commons vote next week - and urged MPs to back him.


He also refused to be drawn on whether defeat would mean a vote of confidence on his leadership.


Mr Blunkett said he did not believe losing the vote would spell the end for the prime minister.


Civil liberty concerns

"We've hit a rock bottom in my view and we can only get... climb
out of it, so I think that, whilst it would be yet another knock, it
would not be a knockout blow," he said.

He insisted there was no alternative to keeping suspects in
custody, despite claims by some critics the measure would infringe
civil liberties.

"I really don't understand how anyone can believe that you can
pat a terrorist on the head and say: 'Don't worry, we won't hold you
while we investigate these multiple links across multiple boundaries
across the world - we'll let you out, so we're being ultra-careful not
to infringe your rights, even though you might well infringe our
lives'," he said.

"We're trying here to ensure that when evidence is available of
the threat of terrorist action, we don't allow the very act of having
an open, democratic, civil rights based society to undermine our
ability to protect ourselves - that would be very foolish."

Home Secretary Jacqui Smith is set to meet Labour backbenchers
on Monday evening in a bid to try to persuade them of the need for the
42 day plan.Technorati Tags: , , ,

Thursday, 15 May 2008

This is the future for Brian Howes and Kerry Howes if Extradited.

By Chris Summers
BBC News

Shaun Attwood during his stockbroker days
Shaun Attwood, serving a nine-and-a-half-year sentence
A British stockbroker in jail in the United States has been lifting the lid on a controversial prison regime through a compelling weblog.

Sheriff Joe Arpaio forces inmates to wear pink underpants, puts women on chain gangs and brags that it costs more to feed the guard dogs than the prisoners he oversees. No surprise then that he is often called America's "toughest sheriff".

But while his hardline tactics have won him plenty of admirers among the voting public of Maricopa county, Arizona, they have outraged human rights campaigners.

Now, as Mr Arpaio seeks re-election to his job, few would have suspected one of his most vocal critics to be a 35-year-old stockbroker from Widnes, Cheshire.

Shaun Attwood landed in Mr Arpaio's authority after he was arrested in connection with raves he organised in and around Phoenix. Through a series of letters, penned from the confines of his remand centre, and published on the net, Mr Attwood has shed light on a controversial prison regime.

Hardline regime

Sheriff Arpaio's prison policies have made headlines across the United States. He reinstated chain gangs, for women and juveniles, as well as men, forces inmates to wear pink underwear and the old fashioned black and white hooped uniforms, and hit on the idea of housing minor offenders in a huge "Tent City" in the desert.

SHAUN ATTWOOD'S STORY
1991: Moves from UK to Arizona, US, and gets a job as stockbroker
Late 1990s: Quits job to become a full-time rave promoter in Phoenix area
May 2002: Arrested on charges of money laundering and held on remand.
Jul 2004: Sentenced to nine-and-a-half years and moved to a prison with 'better conditions'
Oct 2004: Still blogging and campaigning against sheriff Joe Arpaio
Mr Arpaio, whose jurisdiction covers Arizona's capital, Phoenix, is defiant about his policies although insists he runs a "humane jail system".

Nevertheless, Shaun Attwood's online diary tells a disturbing story of life in the Maricopa penal system, which he calls "subhuman". Attwood, who has since been moved to a more lenient state prison, and thus out of sheriff Arpaio's control, managed his weblog with the help of his father, Derick, back in the UK.

Fleeing the British recession of the time, Attwood, an economics graduate then fresh out of Liverpool University, moved to Phoenix in 1991 where his two aunts lived. He took local exams before getting work as a stockbroker and, as a successful day trader, earned about £1m.

But he became bored with the world of financial markets and opted to turn his hobby into a full-time job. A fan of the rave culture in Liverpool, Attwood took his love of dance music with him when he moved to the US. By the late 1990s he was organising several large raves in and around Phoenix.

It was a role which eventually saw him arrested, and convicted for money laundering and drugs offences. After more than two years in a remand prison, run by Sheriff Arpaio, he was sentenced, in July this year, to nine-and-a-half years inside.

Pencilled pleas

His weblog started after Attwood began writing to one of his aunts in Arizona. Attwood wrote his notes using a tiny, blunt pencil stub - proper pens and pencils are banned as potential weapons - and paper, which was frequently sodden from sweat because of the intense heat in the prison.

Sheriff Joe Arpaio
Everybody complains - but if you don't like it, you don't violate the law and you won't come back
Sheriff Joe Arpaio
Although bleak and depressing, the letters were also "beautifully written and deeply moving", according to his father, Derick, to whom they were passed on. Inspired by the example of Salam Pax, the so-called Baghdad Blogger, Derick Attwood set up a weblog in an effort to publicise his son's views.

Fearing repercussions, Derick Attwood initially made the blog anonymous, calling it simply Jon's Jail Journal. A picture of Shaun Attwood was only added in the summer, after his move to the state prison.

Attwood's weblog makes disturbing reading and includes a catalogue of alleged breaches of human rights for those on remand. They include:

  • prison food being mixture with rotten meat, fruit and vegetables and mouldy bread. Attwood even says he saw a rat's head in one stew;
  • cells infested with cockroaches;
  • coolers which did not work and temperatures frequently touching 100°F.

    Ruby Wax visiting one of the jails in Maricopa County
    No laughing matter: Ruby Wax visits prison guards in Maricopa
    Speaking to the BBC News website, Mr Arpaio defended his regime.

    "I feel that you should be tough on crime and run a tough jail. They don't get steaks, movies, porno, cigarettes or alcohol, but it's humane," he says. "Everybody complains - but if you don't like it, you don't violate the law and you won't come back. "

    It's a record he will be judged on later this month when Mr Arpaio, along with thousands of sheriffs, police chiefs and district attorneys across the US, comes up for re-election. He will be running on a Republican party ticket.

    Although his Democrat challenger Bob Ayala is highly critical of the Arpaio rule, Derick Attwood says he is unlikely to break the sheriff's stronghold.

    Meanwhile, Shaun Attwood's mother, Barbara takes comfort in the belief that her son has done something to lift the lid on Maricopa county's extraordinary prison regime.

    "One of the guards once told Shaun 'nobody knows what's going on in here'," says Barbara Attwood. "Well they do now."


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    Friday, 11 April 2008

    Three more years of torment - Queensferry Today

    Three more years of torment



    An anxious wait for news
    An anxious wait for news
    An anxious wait for news
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    A BO'NESS man this week spoke of the strain on his family as the courts considered a request for his extradition to America to face criminal charges.
    Sheriff Isabella McColl has ruled that Brian Howes (44) and his wife, Kerry-Ann (30), who were married on April 1, should be extradited but the final decision lies with Justice Minister Kenny MacAskill.

    The couple face an 82-charge indictment alleging conspiracy to supply chemicals which are illegal in the United States.

    But with an appeal pending it could be years before the family knows its fate.

    Said Mr Howes, of Bridgeness Road: "The last months have been extremely stressful for me, my wife Kerry-Ann, and my family. Our businesses have been destroyed and we have been unable to work.

    "It will be at least a year before our appeal is heard in the High Court and if that fails we'll take it to the European courts.

    "If that fails and we are, eventually, extradited to the United States we could face another two years on remand before appearing in court.

    "If we survived two years of State Prison we could each face up to 98 years in jail if the authorities were able to prove we were involved in a conspiracy to manufacture illegal drugs.

    "By that time our four children would be either in care or fostered out, possibly even adopted."

    Mr Howes is adamant that he did not knowingly distribute red phosphorus and iodine to customers in the United States who were manufacturing methamphetamine, commonly known as crystal meth.

    He alleges that the American authorities included the word "conspiracy" in the key charge, in the belief that it would force a reaction from their British counterparts.

    And he said: "We've got no chance of a fair trial in the United States."
    But Mr Howes, who is from the Cleveland area of northern England, had praise for the
    Scottish legal system, and particularly for Sheriff Isabella McColl.

    "The Procurator Fiscal was again pushing for us to be taken into custody but Sheriff McColl was strong enough to resist that and let our family stay together," he said.

    He emphasised: "We took legal advice and were told that we were not breaking any laws.

    "We did not know that the chemicals were being misused.

    "No evidence was ever produced to extradite us and I believe extradition without evidence is wrong. We're going to take this fight as far as we have to."

    However, Detective Super-intendent Dave Duffey of Cleveland Police, who led Operation Enfield – which investigated the supply of chemicals over the internet – said: "The Sheriff's decision constitutes a significant step towards finalising the extradition process."

    allan@journalandgazette.co.uk

    Wednesday, 2 April 2008

    Chemical charges couple get wed before deportation fight - Scotsman.com News

    • Published Date: 01 April 2008
    • Source: Edinburgh Evening News
    • Location: Edinburgh

    Chemical charges couple get wed before deportation fight



    Kerry and Brian Howie attend their wedding despite facing extradition to the U.S. Picture: Ed Jones
    Kerry and Brian Howes attend their wedding despite facing extradition to the U.S. Picture: Ed Jones
    Kerry and Brian Howie attend their wedding despite facing extradition to the U.S. Picture: Ed Jones
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    A COUPLE fighting extradition to America amid claims that they sold banned chemicals over the internet today prepared for the next stage of their legal battle – by getting married.
    Brian Howes and partner Kerry Ann Shanks were due to be accompanied by their four young daughters as bridesmaids at a service at Bo'ness Registrar's Office this morning.

    The couple plan to spend their first day of marriage warning the four girls – aged from two to ten – that they could be just hours away from forced separation.

    The couple are due to appear at Edinburgh Sheriff Court on Thursday to hear whether they will face deportation to America, where they could face a jail term of almost 100 years.

    US authorities claim they knowingly sold chemicals through their Bo'ness-based internet supplies company for use in the manufacture of the synthetic drug methamphetamine, also known as crystal meth.

    Mr Howes, 44, and Ms Shanks, 29, argue the chemicals – red phosphorus and iodine – have been sold through their firm around the UK, Europe and Canada without a problem. They deny 80 charges in the US indictment which allege they were involved in a $60-80 million drugs ring.

    Despite never being formally charged in relation to any offence in the UK, both were remanded in custody for seven months following an earlier extradition hearing.

    They were released on bail after Mr Howes had spent a month on hunger strike in Saughton prison protesting his innocence.

    "We've been talking about getting married for years," said Mr Howes. "We thought that this might well be our last chance – it might be the last time we are both free together.

    "We're having a small family wedding with the girls as our bridesmaids. Kerry has picked a nice dress. We've even hired a limo and booked a nice restaurant. It's not a lavish do though, we've had to borrow money to pay for it."

    The shoestring wedding comes despite allegations that the pair made hundreds of thousands selling chemicals to illegal US drug laboratories.

    The claims emerged after a raid on the couple's home and internet business
    last year when American drug enforcement officers joined Scottish police in a detailed search of their property. Later, US officials claimed the two chemicals – which are legal in Scotland but tightly controlled in America – had been knowingly sold for drug manufacture. A warrant for their arrest and extradition was issued by a court in Phoenix, Arizona.

    The couple, who sold more than 40 different chemicals through their firm, insist they did not know what the substances might be used for. "How could we know what someone was using it for?" said Mr Howes. "We took legal advice and were told it was up to the purchaser to make sure they were acting legally."

    He added: "We have been banged up in jail with hardened criminals but we haven't done anything wrong. We know we might be back in jail on Thursday, so we're determined to make sure our wedding day is the best it can be."


    The full article contains 515 words and appears in Edinburgh Evening News newspaper.
    Last Updated: 01 April 2008 11:28 AM



    Kerry and Brian Howie attend their wedding despite facing extradition to the U.S. Picture: Ed Jones
    Kerry and Brian Howie attend their wedding despite facing extradition to the U.S. Picture: Ed Jones
    Kerry and Brian Howie attend their wedding despite facing extradition to the U.S. Picture: Ed Jones
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    A COUPLE fighting extradition to America amid claims that they sold banned chemicals over the internet today prepared for the next stage of their legal battle – by getting married.
    Brian Howes and partner Kerry Ann Shanks were due to be"