An Abuse of Power

An Abuse of Power

Author Bernard OMahoney highlights the case of a young dyslexic prisoner he considers a miscarriage of justice that will stagger the mind of anybody that reads about it.

I am the author of several true crime books including Essex Boys, Hateland and Bonded By Blood. For the past year I have been researching my latest book: Essex Boys the New Generation, which tells the story of Supergrass Damon Alvin who went from being sinner to saint overnight. Two weeks into his trial for murder, he asked for an adjournment so that he could make a fresh statement; the end result being his former friend Ricky Percival was charged with murder, three counts of attempted murder, robbery, firearm offences and conspiracy. Alvin became the prosecutions star witness and Percival was convicted in December 2006 and given four life sentences with a recommendation that he serve at least twenty-eight years.

In a previous case in 2003, Alvin had been due to appear before the Courts for supplying cocaine. He had been caught with over 1kg of the drug. He set about constructing an elaborate and entirely false account of his involvement in the offence for use in mitigation in order to secure for himself a lighter sentence. That account involved arranging for his wife and mother-in-law to cut out letters from newspapers and constructing 'ransom' notes which were then sent to themselves in order to suggest that Alvin was being threatened and had committed the offence under duress. The ruse worked. Alvin received 30 months imprisonment instead of the 6 years that he had expected.

Another prosecution witness used against Percival initially told the police that the morning after the murder, Percival had threatened him to keep his mouth shut or else. This individual later broke down and confessed to the police that he had made it all up because a senior police officer had told him that if he had any useful information, he could leave his dreary life behind and join the witness protection programme.

A prosecution witness who had been shot at a house party told the court during Percivals trial that the gunman had blue eyes. Percival has brown. The prosecution asked this witness if they had been invited to Percivals victory party before having them dismissed as a hostile witness.

I could go on. Percivals conviction is a miscarriage of justice that will stagger the mind of anybody that reads about it. In my humble opinion, I do not believe there has been a trial like this in Chelmsford since Elizabeth Clarke was tried and convicted of being a witch in 1645.

Ricky Percival is a young man in his twenties who suffers from dyslexia. Before the trial he was unable to read one single statement that had been made about him. Ninety-nine per cent of the evidence that was literally thrown at him in the dock he was unable to comment on because he had no knowledge of it.

In an effort to unearth the truth, I asked Ricky Percival to send me a visiting order. This he did and after driving from Birmingham to HMP Chelmsford I was refused entry. The Governor of Chelmsford said that if I were willing to sign an undertaking, they would reconsider allowing me into the prison. I did this. My request was reconsidered and refused. Fresh hope of visiting Percival arose when he was transferred to HMP Full Sutton. After receiving a visiting order, I was informed in a telephone call that I was a banned visitor. Telephone calls and letters were permitted because, so I was told, they are all monitored. Trying to discuss a complex case during an 8-15 minute telephone call is impossible. Trying to discuss a complex case in a letter with a guy who is dyslexic is equally impossible. I invited the Governor of HMP Full Sutton to allow a prison officer to sit at our table during a visit, grant it as a closed visit and even sit on my lap during the visit - but each offer was met with no, no, no. On 14th December, having completed my book, but not the enquiries I intend to make on Ricky Percivals behalf, I sent him all the new evidence I had found with the original supporting documentation. This was duly seized by the prison authorities and he is not allowed to read or have it. All methods of communication between myself and Ricky Percival were then banned.

A young man is looking at spending three decades in prison. He is not legally aided to seek out or challenge evidence. He can barely read or write. HM Prison Service is not permitting him to even write or telephone me so that I can investigate his case. It is an abuse of power on a scale that I have not previously known. It has shocked and concerns me deeply. I never thought I would witness such sinister censorship in a country that promotes free speech. However I can assure those responsible for trying to hamper Ricky Percivals right to have a fair trial that he will not be allowed to rot in prison behind a wall of bricks, mortar and silence. He may be innocent, he may be guilty, who knows? That is for a jury to decide after hearing all the evidence. Not agents of the police who are willing to sacrifice the human rights of others.