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: Britain
Case against nine asylum seekers in Britain collapses
By Tania Kent
24 June 1998
The Labour government's prosecution of asylum seekers involved
in an August 20, 1997 protest at the Campsfield Detention Centre
collapsed on June 17. After 10 months of psychological distress
and three suicide attempts, eight of the refugees--Sunny Ozidede,
Stanley Nwaidike, Edward Onabanjo-Agora, Harrison Tubman, John
Quaquah, Lucky Agbebaku, Enahoro Esemuze and Sambou Marong--were
found not guilty of violent conduct and riot charges. The case
of the ninth detainee, a minor who was too ill to attend the trial,
was "stayed". He is being held in a secured hospital.
Campsfield is the largest detention centre in Britain and holds
up to 200 refugees. Detainees are held without charge for an unlimited
time behind heavily fortified gates and fences. If convicted,
the nine faced up to 10 years imprisonment, followed by deportation.
Instead the trial, which was expected to last eight weeks, crumbled
after just 11 days. This was despite the severe limitations placed
on the defendants' case by the deportation of two of their key
witnesses.
Video surveillance footage presented to the court by the prosecution
exposed the unreliability of its own witnesses. The camp is run
by a private security firm, Group 4. Guards claimed that the defendants
had conspired to incite a riot by circulating rumours that two
detainees had been strangled and killed. John Allen, a Group 4
supervisor, denied that his officers had held anyone by the neck.
But video footage showed Allen dragging a detainee by the neck,
in front of other detainees. When the defence lawyer asked him:
"Don't you think that seeing this, the other detainees would
think that he is being strangled?" Allen did not reply.
The defendants were accused of going on a violent rampage,
armed with batons, destroying property and throwing missiles at
officers. These charges fell apart in the face of conflicting
testimony of several prosecution witnesses.
Group 4 officer Mo Stone admitted that two officers had smashed
telephones in the women's section to prevent detainees from using
them to inform the outside of events in the camp. The guards did
not report this and then attempted to blame the asylum seekers.
Security guard Terence Morley claimed that Sunny Ozidede had
threatened to kill him, but admitted at the trial that no such
threat was made. He also claimed that there were weapons in the
hands of the refugees. It turned out that the "weapon"
in question was a feather. Morley was forced to admit that he
had not seen anyone cause damage.
Chief Immigration Officer at Campsfield, John Graham, claimed
that Sunny Ozidede had used threatening words and actions on August
19, the day before the protest, and so he had placed an order
for Ozidede's transfer. Graham admitted that he later realised
that Ozidede was not involved in the earlier incident, but did
not correct his earlier statement. Graham made a number of what
Frances Webber, barrister for the defence, called "inaccurate
and inflammatory statements" about "illegal immigrants".
Security guard Caryn Mitchell Hill claimed that she had been
cornered alone in the doctor's corridor and grabbed by a detainee
who asked her, "Where are you going,white bitch?" She
identified her supposed assailant as Sambou Marong. Video footage
showed Hill standing with two other officers, having a cigarette
before proceeding down the corridor unhindered. She alleged in
her police statement that detainees were holding long bars, but
admitted in court that they were unarmed.
Chris Barry, a detention escort officer, claimed that Sunny
Ozidede had kicked and punched him and hit him on the head until
he fell unconscious. He said that his shirt had been ripped and
solvent fluid had been thrown over him, but had not reported this
to a doctor. Within five minutes of the alleged incident, Barry
is seen on camera on the roof--fit, healthy and with a dry and
intact shirt. This also disproved the claim by fellow guard, Timothy
Allen, that Barry had not been on the roof with him.
None of the prosecution witnesses were able to positively identify
any of the defendants. They did not provide any names in their
original statements, no identity parades were set up and their
descriptions of the alleged offenders were often completely wrong.
Chris Barry wrote in his statement, "Sunny has short black
curly hair, stocky build and clean shaven and he was wearing a
lime green T-shirt." Sunny Ozidede was wearing a white T-shirt,
has a moustache and beard, and a shaven head. Barry admitted that
he could have mistaken the identity of every defendant he had
named.
Following a statement on June 17, in which yet another security
guard was caught lying about defendant Edward Onabanjo-Agora throwing
a dumbbell, the prosecution was forced to admit defeat. Nicholas
Jarman, leading barrister for the Crown Prosecution, told the
court that the case was essentially based on evidence from Group
4 officers on duty during the incident and, "no prosecution
properly conducted could or should invite a jury to convict on
the basis of this evidence."
After the trial's collapse three of the defendants were released.
Sunny Ozidede and Edward Onabanjo Agora had already won refugee
status. Lucky Agbebaku was granted temporary admission.
The other five--Stanley Nwaidike, Sambou Marong, John Quaquah,
Enahoro Esemuze and Harrison Tubman--were moved to five different
police stations before being taken to Rochester Prison.
On June 22, another group of 82 detainees, including asylum
seekers from Turkey, the Ivory Coast, Nigeria and Pakistan, launched
a hunger strike demanding the right to discuss their cases with
the Labour government.
Although the media heavily covered the camp protests and the
run-up to the trial, often branding the asylum seekers as "violent
thugs", the trial's collapse received scant attention. An
article in the Observer criticising the Labour government's
prosecution of the Campsfield defendants prompted threats and
complaints by Michael O'Brien, the Home Office Minister, whilst
Group 4 lawyers warned that they would sue if "such articles
continue to be published."
See Also:
Labour government prosecutes asylum seekers
in Britain
[11 June 1998]
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