'Freshwater Five' Duo "Hopeful" As Court of Appeal Hearing Concludes

The appeal hearing for two members of the ‘Freshwater Five’ - convicted for smuggling £53m of cocaine almost a decade ago - has now been concluded.

Lawyers acting for Jonathan Beere and Daniel Payne have spent much of the week presenting judges with what they believed is fresh expert evidence they say disproves the prosecution’s case.

It is said the men conspired to use a fishing boat to collect drugs from a containership in the English Channel and later deposited them in Freshwater Bay off the Isle of Wight.

Scaffolding business owner Jonathan Beere, fishing boat skipper Jamie Green and crewmember Zoran Dresic were each handed down 24 years’ imprisonment, while fishermen Daniel Payne and Scott Birtwistle received 18-and 14-year sentences respectively.

Prior to the hearing, Daniel Payne and Scott Birtwistle had been released from prison on license, having served the custodial portion of their sentences. Jonathan Beere, Jamie Green and Zoran Dresic remain in prison.

Day one: The first day of evidence

The court heard how the alleged drug smuggling was 'simply not possible'. New radar evidence was presented to the court and cross-examined by the prosecution.

The defence argued that the evidence shows the fishing boat did not get close enough to the containership’s track to pick up any drug packages.

They say a surveillance aircraft overflew the Galwad’s route through Freshwater Bay and failed to see any drugs in the water at the time the police insisted they must be there.

Joel Bennathan QC told the court:

“The idea of coopering in a very short time in quite high seas reduces from being difficult but conceivable to being simply impossible."

It was argued that the radar data showed an alternate suspect vessel speeding to the location.  

From the 5men104years Facebook page

Charity APPEAL said:

"This evidence should have been shared with the defence and thus the jury at trial – but was not."

Danny Payne, one of the Freshwater Five, said:

“I’m not sure how I feel about it yet - ask me in two days time. It definitely brings back the feelings and shock of the court case and the conviction. It would be amazing if, in the future, all of us can get back to our loved ones and our lives."

Day two: testimonies

On day two, testimony was heard from one expert instructed by the Applicants’ legal representatives, and the prosecution’s expert witnesses were called, including the original prosecution witness from trial. 

Scott Birtwistle, one of the Freshwater Five, said:

“I’m trying to feel positive whilst at the same time trying not to raise my hopes too much. I felt less intimidated going into the court than I did yesterday and found it easier to focus on what the expert witness was saying rather than feeling anxious about where I was.”

Day three: grounds of appeal

After expert evidence was wrapped up on day two, barrister Joel Bennathan QC argued the first two grounds of appeal and some of the third.

From the 5men104years Facebook page

It is argued that there was a "major failing" because the radar footage was allegedly not analysed or disclosed.

Day four: family "hopeful"

Friday (26) marked the fourth and final day of the appeal hearing.

Solicitor Emily Bolton said:

"This week the Court of Appeal heard new and compelling evidence which the Freshwater Five were deprived of the opportunity to present at trial.

“Had the jury heard the evidence in this case as it now stands, we believe they would have reached a different verdict. 

“We hope the Court of Appeal will decide that in these circumstances the convictions simply cannot stand.

“Throughout the 46 years they have collectively served in prison, the Freshwater Five have always maintained their innocence.

"We hope the nightmare experienced by them and their families for what is now over a decade will very soon come to an end.”

From the 5men104years Facebook page

The families of the ‘Freshwater Five’ have prepared a joint statement:

“This is an anxious time for us all as we await the judgment. The men and their families have been the victims of a heinous miscarriage of justice. To be wrongly imprisoned for 10 years for a crime you didn't commit should be something that never happens in a modern society and exposes a deep and serious flaw in the legal system.

“We hope the Court of Appeal now has everything it needs to finally see the truth – that the men are innocent and should never have been convicted of this crime. We hope that they will act swiftly to set right the wrong that has been done to us and overturn these convictions.

“Absolutely everyone would like to place on record their sincerest thanks to the legal charity Appeal. We would not be where we are today but for their relentless investigation of the case. We also want express our sincere thanks to Joel Bennathan QC and Annabel Timan for their painstaking preparation and advocacy, and to the experts instructed by our legal team who have put in hundreds of hours, working largely for free, uncovering the truth.”

Judgment is expected to be handed down in the next few weeks.