Latvia pair should not have to suffer further cost and anxiety after their shambles of a trial

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Thursday, November 12, 2009
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This is Derbyshire

SANDWICHED between British media colleagues inside the tiny Latvian court room, we made up our minds as to the innocence of Matthew Neale and David Birkinshaw within the first hour.

We looked on as witnesses – or at least those who bothered to turn up – were picked apart by the defence for giving evidence that conflicted with earlier statements made to police.

We had to stop ourselves from giggling as the police officer who was allegedly beaten by the pair said he had no injuries because he was a boxer as a youngster.

"There is no way they can be found guilty," one media colleague said. "I can't believe they've been dragged over here on the basis of what has been said so far," said another.

Our expectations of Matthew and David being found not guilty were met following three court appearances spread across two weeks when the judge acquitted them after deliberating for just 20 minutes.

They, along with their families, believed their Latvian nightmare was over.

Having sat beside them and listened to the full case which was brought against them, I believed it was too. But, as the Derby Telegraph revealed yesterday, their celebrations and expectations of being able to get on with their lives have been short-lived.

Prosecution solicitors have appealed against the court's verdict, meaning both men will have to travel back to Latvia early next year to clear their names again. The men have been told that the prosecution cannot bring any new evidence to the case, therefore they will be tried on exactly the same evidence that was produced during their first appearance.

But what are the facts?

We know that Matthew and David were arrested in June last year. They were in the country to celebrate the impending wedding of Lee Graves, son of Alvaston ward councillor Alan Graves.

They were accused of beating up a Latvian policeman at a bar in the capital Riga.

They went to court and believed the case had been thrown out. They flew back to Derby, but in October were astonished to start getting letters from Latvia saying they needed to return to face trial.

Despite no evidence being heard at an extradition hearing in London, a judge agreed both men should be extradited to stand trial.

Riga's tough Central Prison awaited them, which is where they spent 10 weeks on 23-hour lock-down waiting for a trial date to be set.

When the hearing finally began, the weakness of the case against them started to unfold.

On the first day, alleged victim Municipal Police promotion officer Juris Circens told the court he was butted, kicked and punched five times outside Riga's Black Cat Bar. The court was told he had turned up at the bar after being called there by a member of the public, who had noticed a stand-off between a group of English and Latvian men.

Matthew and David's Latvian solicitor, Jelena Kvjatkovska, said there were differences in what the officer was saying in court and in three statements he made following the incident.

CCTV footage showed Mr Circens holding Matthew and pulling him to the floor, but it did not show anyone hitting the officer. David was seen on CCTV footage leaving the bar. He was arrested afterwards by Mr Circens.

CCTV also showed Matthew leaving the scene with his friend, Simon Barcz. Matthew was later arrested at his hotel.

When asked by Ms Kvjatkovska why he had no bruising after being allegedly assaulted, the officer said it was because he used to do boxing.

After hearing two days of evidence, the trial was adjourned for one week because four Latvian witnesses failed to turn up.

But when proceedings were restarted a week later, only one of those witnesses appeared. Two told the court they had health problems and one witness, a security guard at the bar, did not give an excuse.

In court on the final day, the court heard the officer was seeking £40,000 in loss of earnings and medical bills.

The judge cleared both men of any wrongdoing and they were each allowed to return to their families in Derby.

In the run-up to Matthew and David being sent to Latvia, I spoke to a former KGB spy who worked in Latvia, but now lives in London, who told me that the justice system under which they were to be tried in Latvia was "totally corrupt".

And during my journey from my hotel to Riga International Airport following the case, my taxi driver told further stories of corruption within the country – with police officers stopping cabs believed to be speeding and forcing them to hand over cash to avoid prosecution.

Following the case, commentators in the Baltic state told the Telegraph that they believed the pair were forced to stand trial to act as "scapegoats" for the behaviour of rowdy British tourists that have visited the country.

The whole Latvian episode has caused nothing but disruption to the lives of 35-year-old Matthew, of Stonebroom Walk, Shelton Lock, and David, 33, of Brackens Avenue, Alvaston.

The two men and their fiancees, Charelle Neale and Rachel Gee, have again had to put the brakes on plans to get married in the near future, having already spent £13,000 each on legal fees.

And with Christmas just around the corner, they are now facing even further financial uncertainty, with them having to meet the costs of travel to Latvia and accommodation while in the country for the new trial.

Having spent 10 weeks in prison awaiting trial and enduring the lottery of what seemed to be, on the face of it, a shambles of a court case, surely they have suffered enough?

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  • Profile image for This is Derbyshire

    by Jo, Derbys

    Friday, November 13 2009, 11:52AM

    “TW, I agree this whole scenario sounds absoloute chaos, and it must be a terrible experience for these 2 men and their families.

    But is still true to say none of us know the full facts.

    I am making a wider comment on my experiences travelling abroad, to cities like Prague, where it is commonplace to see British stag parties.
    On our flight out there from East Midlands, there were large groups of men drinking heavily on the plane, and becoming increasing abusive to the passengers and stewardesses; at times it was frightening. On the return flight, there were other groups behaving in the same manner.
    These were both on weekdays, when people were travelling on their normal business, and tourists.
    I think it is a sad fact of life the Brits have such a bad reputation for heavy drinking and anti social behaviour abroad.(Although I'm sure the majority don't behave like this.)

    Certainly I don't think the judge should be swayed by that- it is his/her job is to deal with the facts of the case.

    I agree the judicial system there sounds very dodgy.

    I do think that diplomats from Britain should intervene to help these men, and get to the bottom of the facts.”

  • Profile image for This is Derbyshire

    by TW, Derby

    Thursday, November 12 2009, 3:28PM

    “Jo, you say, "Although I feel very sorry for these guys.It is hard to judge, not knowing the full facts". The court and judge were in presented with the facts and acquitted them. I suggest you read the comments the judge made at the time too. I also don't see the relevance of your comments about other Brits abroad. Unless it was this case it has no bearing. Or are you saying the juduciary in Latvia will have been swayed by the actiuons of others?”

  • Profile image for This is Derbyshire

    by Rob, Derby

    Thursday, November 12 2009, 3:21PM

    “Jo, Seeing as he objects to a great many people's views via the letters page, is it not what comes around, goes around?
    Perhaps he'd be happier in Latvia, i'm sure they'd tolerate him!
    The Latvians are stitching these 2 derby lads up for £40 grand. This spineless goverment needs to stick 2 fingers up to them. How can an EU country be allowed to have such a dubious legal system?”

  • Profile image for This is Derbyshire

    by Jo, Derbys

    Thursday, November 12 2009, 3:07PM

    “Rob, I've not once read anything offensive written by him, other than a few letters expressing a reasonable opinion.I think people expressing his views get a great deal of flack and sometimes offensive comment...
    Maybe he's just sticking up for what he thinks is right?”

  • Profile image for This is Derbyshire

    by Rob, Derby

    Thursday, November 12 2009, 2:50PM

    “Jo, I'd use the word courageous to describe people like our soldiers fighting abroad at the moment!
    Not a whining fool with to much time on his hands.”

  • Profile image for This is Derbyshire

    by Jo, Derbys

    Thursday, November 12 2009, 2:45PM

    “Gaz- I was just worried about public perception, as there's been so much negative publicity.
    Eg the headlines in DET this am: "Another Latvian Nightmare."
    But yes I agree- I can't comment on the judical system- but the nation and it's people are highly cultured and civilized.”

  • Profile image for This is Derbyshire

    by Dragon, Derby

    Thursday, November 12 2009, 2:42PM

    “TW - Firstly if someone makes a simple typo why do you so childishly have to try to make something of it? It really is time you grew up.

    Secondly - my information is correct. The UK courts have the absolute power to deny any application for extradition.
    In the case of EU member states that wil change as of 21st January 2010 thanks to the muppet Brown

    Jo - you say Latvia is "civilised".
    Any civilised country has a law of double jeapardy. Therefore, Latvia clearly is not that civilised. Unfortunately for some catagories of offence our pathetic government has taken the same road allowing the prosecution to keep trying till it gets the result it wants - a total breach of 1,000 years of law.

    These 2 men should NOT be returned to Latvia and such barbaric practices should be outlawed before any country is allowed to join the EU.”

  • Profile image for This is Derbyshire

    by Jo, Derbys

    Thursday, November 12 2009, 2:42PM

    “Rob- I actually think Saros is rather courageous, considering the reactions he gets from some people!
    I personally think he's just stating the obvious...”

  • Profile image for This is Derbyshire

    by GAZ, Derby

    Thursday, November 12 2009, 2:36PM

    “Jo nobody is questioning Latvia as a place to go, more its obviously corrupt judicial system!”

  • Profile image for This is Derbyshire

    by Rob, Derby

    Thursday, November 12 2009, 2:29PM

    “Tell the Latvians to back off or we'll send them Saros Kavina to inject some goodwill, and positive outlooks with his lovely letters everyday of the week.”

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