Portuguese nightmare

All content of this post are mine and do not represent the thoughts or actions of anyone else.


My dodgy knee ached as I stood up.  I looked down at the gleaming white toilet fittings with an air of satisfaction. Like most families, we share the burdens of housework.  It had been my turn to clean the toilet.  Downstairs I could hear the kids talking to Laura, my wife.  They were banging on about homework and school.   I noticed that I had spilled some bleach on my t shirt and mentally prepared myself for a gentle blocking - 'another t shirt ruined blah blah'.  Such was the normality of my domestic situation on the early evening of Tue 6th March.

I came downstairs and lay on the couch to stretch my knee and ease the pain.  I had began to drift off to sleep when there was a knock at the door.  Laura answered and I heard a voice say ' Does Graham Mitchell live here'?  As I stood up, three cops were at my wife's invitation, coming into the front room.

Immediately my mind sprang back to the day before.  I had been at the scene of a police incident and had been asking for details of what was happening.  'Had I pushed too hard for information', had I ‘unwittingly witnessed something and was about to be questioned about it it'?  No, what happened next has catapulted my family and I into a world of despair.

My teenage son was at the dinning table doing his homework.   The cop sat down and asked if my son could leave the room.  Sensing bad news, I sent M (my son) upstairs, reassuring him that it was to do with work.  The cop spoke to me in hushed tones, seemingly mindful that there were kids in the house.  He explained that there had been an arrest warrant issued for me by the Serious and Organised Crime Agency (SOCA).  The charge on the warrant was one of first degree murder.  He further  explained that I was wanted by the police in Portugal. I was facing extradition.  I felt the blood drain from my face.  Portugal.  The word made my blood run cold.  I became aware of my hands starting to shake.

I was taken to Canterbury police station.  There was no interview, no chance to put forward my side of the story.  I was accused of murder by someone in a country 1000 or so miles away and was not allowed to offer any defence.

Back in 1994 I had gone on what at the time, was a fairly regular break for me.  A few days big game fishing, with maybe a round of golf thrown in if time permitted, on the Algarve. However, this was to be no ordinary weekend away.

My traveling companion on this trip was my ex-girlfriends younger brother, WT.  On our first night in Portugal we decided to head to Albuferia for a meal and a few drinks.  This was not a night on the piss - we were booked to go fishing the next day, leaving the marina on an early tide.  Hangovers and bobbing about in a small boat on the Atlantic don't mix!

We were waiting at a deserted taxi rank when we were approached by two guys, who asked us if we spoke English.  We replied yes and from nowhere several cops appeared.  We were handcuffed and taken to a police station.  While in the police station I was tortured.  I saw people being tortured as well.  I am not going into details at the moment, but we are not talking about Chinese burns!

The result of us being at that taxi rank changed my life.  We spent the next one year and two weeks in a Portuguese prison.  The first eleven months of that time were served without either of us being charged with anything.  We were held on suspicion of attempted murder.  Portuguese prison is like something from a third world country.  I saw things that no person should ever have to see.  Again, I'm not going into details - yet!

We avoided contacting the media in the UK.  We thought that it may antagonise the Portuguese authorities, such was our level of  fear and distrust. Eventually after almost a year on remand it was decided the time had come to involve the UK media.  This began with the Mail on Sunday.  They ran a large article on the case.  This article was seized upon by BBC Panorama who were in the process of filming a program based on Europeans who had been arrested  abroad, and were keen to get involved.

Things moved fast from here on.  We were charged with attempted murder and a trial date was set.  This was what we were waiting for.  We were going to be given the chance to tell our version of events.  We would have an interpreter and a lawyer. 

The trial is a blur to me.  I remember looking at the three judges sitting on the bench, and seeing the prosecutor asleep with his head on his hand.  I believe this was picked up by the Panorama  team, who were granted access to the court, and filmed events as they happened.  

In August 1994 we had a private investigator, along with a German lawyer visit the victim in Germany and obtain a statement detailing what happened on that night.  He was asked for descriptions of the people involved.  They bore no resemblance to either of us.  He was even shown photographs of us and again he said it was not us.  This evidence was not allowed to be put to the court.

The prosecution produced two witnesses who claimed to have seen the incident.  They described a scene where the victim was punched over a wall.  They say we checked to make sure he was dead, before walking away laughing.   As well as capturing the footage of the sleeping prosecutor, Panorama also uncovered some vital evidential facts. In an interview secretly recorded by Tom Mangold of BBC Panorama, one of the 'witnesses'  admits that what he actually saw was an accident.

We had a nerve racking wait of a week or so before the day of the judgement.  Arriving at court we took our place in the dock and awaited  the judges decision.  Via an interpreter, the decision was handed down - not guilty.  Free to go.  Just to clarify this point - it was a not guilty verdict, not bailed to return or any other form of release, it was not guilty.  This is clear from the Panorama footage.

Needless to say we were overjoyed to finally be free.  We remained in Portugal for a few days rest, before boarding a flight back to the UK.

Fast forward 18 years.

Now my life is in limbo.  After being arrested at home I was taken to the local police station for the night.  It was frustrating as there was no chance to explain my innocence.  Not that the police refused to listen, the simple fact of the matter is that they knew nothing about the case.  They just arrested me and locked me in a cell.

Next day I appeared at Westminster Magistrates Court.  My defence to the extradition request is that I have already been tried and acquitted of a serious crime in Portugal.  However, the warrant is for the 'new' crime of 1st degree murder.  The judge asked that the question of my having previously been tried,  be answered officially. Although granted bail, there were conditions attached,  £5000.00 surety, surrender of passport, and a nightly reporting to the police station rule.  As my court appearance was one of the last in the day, my bail conditions could not be met immediately so I was taken to Wandsworth prison.  As the warrant was for first degree murder, I was treated as 'Cat A' and held on the secure wing.

Around 1600 the next day my bail conditions paperwork had filtered through to the prison and I was released.  As I stood outside the gates of Wandsworth prison the relief was overwhelming and I broke down into floods of tears.

Today, Tue 20th March has been an endless round of press interviews.  It seems a lot of people are interested in the case.  The thing is, we still have not had any official word from the Portuguese as to what they actually want me for, so there is not a lot I can tell the media, except for the harm this is doing to my family and I.  There are so many questions that need answering.  I don’t even know what I have to defend myself against yet.  It could be anything.  Until the Portuguese say what they want me for, I can't even begin to formulate any defence.  The one thing that seems to have become clear is that the 1^st degree murder charge seems to be the result of…….. a translation error!  Oh well, that’s ok then, except, it’s not really, is it?  The warrant has to be translated by a certified translator, in the country of issue - am I really supposed to believe that a court certified translator made such a mistake or, was the 'error' an attempt to push the warrant for me to the top of the pile in the already overflowing 'For Action' tray?  Lets be clear here, 18 years have have past since the original trial - more than enough time to have a warrant issued in any circumstances.

The European Arrest Warrant is a seriously flawed piece of legislation.  This has been proved time after time.  The police and judges in the UK have no opportunity to test any evidence in the case, the judge only has to be satisfied that the warrant is in order.  There is a real need for a form of cross border arrest warrant, but it has to be administered properly.  All legal systems are not equal.  The checks and balances available to the legal system in the UK are not seen as necessary in all countries.  


Fair Trials International have been indispensable.  From the first day they reassured my wife, arranged the correct legal representation for me, both in the UK and in Portugal, as well as handling the media.  They were always at the end of the phone, even if I just wanted to have a bloody good moan.  They understand.


The BBC had a free-lance journalist working in Portugal.  Through him, they uncovered the fact that my original not guilty verdict had been overturned, and a retrial had been ordered.  This came as a massive kick in the stones.  However, there was no confirmation of this from the Portuguese authorities, so we had to treat it as speculation.  Some weeks after the BBC's discovery, we received confirmation that the speculation was correct.


So, a retrial.  What was the reason behind this?  There must be new evidence.  The Stephen Lawrance trial sprang to mind.  Was this a similar situation?  No, The reason for the retrial was, in layman's terms this - when the judge handed down her correct  not guilty decision, she did not explain her reasons for the verdict properly.  No new evidence, no forensics, nada.  The verdict had been overturned on a legal technicality.


It has since transpired that a court appointed lawyer was given the task of representing me.  The problem here is that despite being easily contactable, they had not informed me of these developments.  The Supreme Court  in Portugal ordered a retrial and still they did not inform me.  The claim that I have been living as a 'fugitive from justice' is quite frankly 'bollocks'.  Since 95 I have appeared in a UK court, passed a CRB check, flown abroad several times and applied for a new passport, I have had my details checked several times on the PNC and there has never been any mention of a warrant or retrial. Not to mention paying tax, being on the electoral role etc, etc.


By now my fear and frustration was becoming overwhelming.  It seemed that they were out to get me and I had no idea why.


Step forward AnnaRaccon.  (www.annaraccoon.com) She and her readers had been a tower of support.  Anna's readers are an intelligent bunch and to have them onside was great. Now however, she came into her own.  The tentacles of the Raccoon network stretch far and wide.  She discovered that the victim was attempting to claim compensation for his injuries.  I knew nothing about this.  I'll leave the details of this  investigation for Anna to blog about if she wishes.  It's enough for me to say that she discovered details that were crucial - the main ones being that my 'murder' victim was still alive, and that he was keen to claim compensation.  During the trial the victim was asked if he could recognise his attackers.  he replied yes.  He was asked to point them out to the court.  He pointed to some people in the press gallery. He was asked if he was sure.  He replied 'yes'. Why did he now want to claim compensation from me?  The stench of rattus norvegicus was getting stronger!  


The arrest warrant stated that the statute of limitations for criminal proceedings on the crime was due to expire on May 4th 2012.  On the face of it, unless the Portuguese could get me over there to face another  trial, the statute of limitations would expire, and that would be that.  Ok, why worry I hear you ask?  I continued to worry because the Portuguese authorities have a habit of getting things wrong, don't forget, the warrant was for a crime that even they agree was wrong as the victim was still alive.  Why should I believe anything they say?  The extradition hearing was scheduled for 12th July 2012 at Westminster Mags.


A Portuguese judicial spokesman told the BBC free-lancer in Portugal  that two dates had been set for my trial, and that they may go ahead in my absence.  The dates were for two days in April.  However, the Portuguese again did not bother to inform me or my lawyers of this.  Even now I don't know if this trial went ahead.


I have always wondered what happened to the victim on the night.  The first time I clapped eyes on him was during the trial in 95.  What I knew was that he was on holiday with a football team.  Recently, I have come into possession of some official documents that show exactly what happened to him, where it happened and many other details.  The description of events contained in these documents is completely different to the  description of events given by the 'star prosecution witnesses' and the police. It is completely different to the description of the crime on the arrest warrant. Not even the location is the same.  I now have to work out what to do with this information.


The statute of limitations date (4 May2012) came and went with no news.  It seemed that I had been right to doubt the accuracy of the information regarding this on the arrest warrant.  There was nothing for it.  A Portuguese lawyer was going to have to be employed 'in country'.


Last week, my Portuguese lawyer discovered that the Judge had closed the case and withdrawn the extradition request on May 4th 2012 as the statute of limitations had passed.  The paperwork shows the judge ordered the Portuguese police to inform the UK authorities of this.  They didn't bother doing this.  Were it not for my lawyer going to the court, I could still be waiting, still on bail, my family and friends would still be worried about me.


Last Thursday, news reached me via my lawyer in London that it was all over.


This has been brutal for my family and I.  There have been some very, very dark moments.  My health has suffered.  What has made it easier is the massive support given to us be friends, and strangers alike.  It is hard to describe in words how much the support we received helped.  This will sound a bit like an Oscars speech but sod it -


Huge thanks go to Jago Russell and the team at Fair Trials International,  Ed Grange from Sonn, MacMillan and Walker, Ben Cooper from Doughty Street Chambers, Vanya Costa Ramos from Portugal,  Julian Brazier MP, Annaraccoon, her readers, all from IG's blog, my 'brothers' (you know who you are) and friends old and new, who were there when it counted.  We will never forget your support and kindness.  Thank you.