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Kenyan convicted over kidnap case is 'innocent', says British victim | |
(35 minutes later) | |
A British woman kidnapped by Somali pirates believes the man convicted in connection with the case is innocent. | |
Jude Tebbutt and her husband David were attacked while on holiday in Kenya in 2011 - he was killed and she was held hostage in Somalia for six months. | Jude Tebbutt and her husband David were attacked while on holiday in Kenya in 2011 - he was killed and she was held hostage in Somalia for six months. |
Kenyan Ali Babitu Kololo was convicted but Mrs Tebbutt has told the BBC she now believes he was made a scapegoat. | Kenyan Ali Babitu Kololo was convicted but Mrs Tebbutt has told the BBC she now believes he was made a scapegoat. |
Mrs Tebbutt said she did not believe Kololo had been given a "fair trial". | Mrs Tebbutt said she did not believe Kololo had been given a "fair trial". |
The BBC has also learned that a former Metropolitan Police officer is under investigation for his role in the case - and that investigation is examining whether he may have committed a crime. | The BBC has also learned that a former Metropolitan Police officer is under investigation for his role in the case - and that investigation is examining whether he may have committed a crime. |
Within a few days of the kidnap, a team of counter-terrorism detectives from the Metropolitan Police flew to Kenya to help with the investigation. | Within a few days of the kidnap, a team of counter-terrorism detectives from the Metropolitan Police flew to Kenya to help with the investigation. |
In 2012, local man Kololo was convicted of robbery with violence in a Kenyan court and sentenced to death - later commuted to life imprisonment. Authorities in Kenya are not looking for any other suspects. | |
The head of the Met's investigation team - Det Supt Neil Hibberd - was the prosecution's key witness. | The head of the Met's investigation team - Det Supt Neil Hibberd - was the prosecution's key witness. |
At the trial, Mrs Tebbutt did not recognise Kololo as one of the kidnap gang. | At the trial, Mrs Tebbutt did not recognise Kololo as one of the kidnap gang. |
She said: "I thought that there'd be someone coming through that door that was a representation of either the two men who dragged me out of bed that night, the two men - one of whom, or both of them, murdered David, the men that were in the boat, the men that kept me for over six months. | She said: "I thought that there'd be someone coming through that door that was a representation of either the two men who dragged me out of bed that night, the two men - one of whom, or both of them, murdered David, the men that were in the boat, the men that kept me for over six months. |
"But honestly… it wasn't one of those men." | "But honestly… it wasn't one of those men." |
Kololo was accused of leading the attackers to the bungalow they were staying in but she is concerned that there has been a miscarriage of justice. | Kololo was accused of leading the attackers to the bungalow they were staying in but she is concerned that there has been a miscarriage of justice. |
Miscarriage of justice charity Reprieve states that Kololo is illiterate, and was denied access to both a lawyer and a translator for most of the trial. | Miscarriage of justice charity Reprieve states that Kololo is illiterate, and was denied access to both a lawyer and a translator for most of the trial. |
"I think a wrong should be righted," said Mrs Tebbutt. "And when I say wrong I mean the fact that Mr Kololo didn't have a fair trial. | "I think a wrong should be righted," said Mrs Tebbutt. "And when I say wrong I mean the fact that Mr Kololo didn't have a fair trial. |
"I do want justice. But I don't want justice at any cost… I don't want anyone sentenced and put into prison and spend seven years of his life when there is any shadow of a doubt over it." | "I do want justice. But I don't want justice at any cost… I don't want anyone sentenced and put into prison and spend seven years of his life when there is any shadow of a doubt over it." |
Now Mr Hibberd is himself under investigation for possible criminal conduct and Mrs Tebbutt is supporting the appeal of the only man convicted of involvement in her husband's murder. | Now Mr Hibberd is himself under investigation for possible criminal conduct and Mrs Tebbutt is supporting the appeal of the only man convicted of involvement in her husband's murder. |
In court proceedings, Kololo's lawyers have claimed that Mr Hibberd - who has now retired - withheld forensic evidence that undermined the case against him. | In court proceedings, Kololo's lawyers have claimed that Mr Hibberd - who has now retired - withheld forensic evidence that undermined the case against him. |
They also claim he misled the court by giving selective evidence, and that he should not have taken part in a trial where the defendant faced the death penalty, and had been tortured. | They also claim he misled the court by giving selective evidence, and that he should not have taken part in a trial where the defendant faced the death penalty, and had been tortured. |
BBC News understands that Mr Hibberd will shortly be interviewed by the National Crime Agency, in an investigation overseen by the IOPC police watchdog. | BBC News understands that Mr Hibberd will shortly be interviewed by the National Crime Agency, in an investigation overseen by the IOPC police watchdog. |
In a letter seen by BBC News, the Metropolitan Police confirmed Mr Hibberd is being investigated to see if he may have committed a criminal offence or misconduct or gross misconduct. | In a letter seen by BBC News, the Metropolitan Police confirmed Mr Hibberd is being investigated to see if he may have committed a criminal offence or misconduct or gross misconduct. |
Mr Hibberd's lawyers told the BBC that he intends to co-operate with the investigation. | Mr Hibberd's lawyers told the BBC that he intends to co-operate with the investigation. |
Mrs Tebbutt admitted some people might think it was surprising that she was standing up for the man convicted for his role in her husband's death but she said: "It is the right thing to do." | Mrs Tebbutt admitted some people might think it was surprising that she was standing up for the man convicted for his role in her husband's death but she said: "It is the right thing to do." |
Mrs Tebbutt said her husband David was an honourable man and that "the honourable thing to do now is to hopefully get a fair trial". | Mrs Tebbutt said her husband David was an honourable man and that "the honourable thing to do now is to hopefully get a fair trial". |
She added: "That is the least Mr Kololo deserves. | She added: "That is the least Mr Kololo deserves. |
"Mr Neil Hibberd said to me that if it was the last thing that he did he would find the murderer of David and the people responsible for abducting me - and I believed him. I really believed him. | "Mr Neil Hibberd said to me that if it was the last thing that he did he would find the murderer of David and the people responsible for abducting me - and I believed him. I really believed him. |
"I think they have to take ownership of what they did back in 2011 - the team that helped to convict Mr Kololo - an innocent man." | "I think they have to take ownership of what they did back in 2011 - the team that helped to convict Mr Kololo - an innocent man." |