Essex Police - Custody Staff

6.0 ESSEX POLICE - CUSTODY STAFF

(IN RESPECT OF NICHOLLS' DETENTION)

The investigation team examined Darren NICHOLLS' Police Custody Record and discovered five separate visits by a visitor named as "Tony THOMPSON". The dates are as follows:

•    24th November 1996,

•    16th Feb 1997,

•    23rd Feb 1997,

•    9th March 1997,

•    and 13th March 1997.

A decision was made that all custody staff involved in those visits (or who had anything to do with NICHOLLS' during their 'tour of duty') would be interviewed.

Additionally, to take into account of any possible arrangements made between NICHOLLS and THOMPSON prior to his first recorded visit on 24th November 1996, any police officers or staff involved in his detention for the two months prior to the first visit (i.e. from 24th September 1996) would also be interviewed.

The officer and police staff interviewed are as follows:

6.1a INSPECTOR THOMAS BOLAND

Inspector BOLAND was a Custody Sergeant at Harlow Police Station in Essex. He remembers a Protected Witness held at Harlow Police Station for a period in 1997.

He states that the Protected Witness "was held on what is called the Juvenile wing at Harlow in a secure area away from the other prisoners. I believe he had the run of two cells. He had dedicated Police handlers who spent a lot of time looking after him. I have been shown his custody record for the 9/3/97. I can confirm that I took over his custody at 1000 and

have signed up as such under PS 472. [his police warrant or 'collar' number] There is an entry at 1010 which states 'visit from Tony THOMPSON'. This is not in my handwriting and I have no knowledge of this visit or who has made this entry. I have no memory of NICHOLLS having any visitors apart from his Police handlers. Because of the confidential nature of his stay his care was left generally to the handlers and I would have kept away from NICHOLLS and left his care and any visiting arrangements down to them. I do not know the names of the handlers. I cannot remember any set down instructions concerning visitors that the custody sergeant would have been made aware of because it is so long ago......

.......Obviously no member of the media would have been

allowed to have access to any of the prisoners....When I say that no member of the media would have had access I mean that I personally would not have knowingly allowed members of the media access."

6.1b DETENTION OFFICER ALAN HATCHMAN

Alan HATCHMAN works as a 'Detention Officer' at Harlow Police Station. This is currently a full time post but in 1997 he was carrying out the same duties on a part-time basis.

He states: "I remember that in 1997 a protected witness was kept at Harlow Police Station. He was the witness in the Rettendon murders. I was involved in the care of this man. He was kept in a secure area of the custody area. His Police handlers were closely involved in his care. I have been asked about visitors in relation to this male. The visitors were handled by his police handlers because of the nature of the prisoner. I did not get involved with his visitors. I remember that his wife may have visited him whilst he was at Harlow but cannot remember him having any other visitors.......certainly

if a visitor just turned up at the station he would not have been allowed to have access to the prisoner.........apart from his wife I have no memory of the prisoner having any visitors.

The only guidelines set down in relation to visitors was that if anybody contacted the station enquiring if the prisoner was being held there we would deny he was and contact the protected witness unit and let his handlers know. As I have said all visiting arrangements were organised and carried out by his handlers".

6.1c DETECTIVE SERGEANT VICTOR MURPHY

In the period 1996 to 1997 Detective Sergeant MURPHY was a uniform shift Sergeant based at Harlow Police Station. At that time part of his duties involved working as Custody Sergeant. He states: "The custody suite was fully operational dealing with prisoners but in periods of 1996 and 1997 a protected witness called Darren NICHOLLS was held there. I was aware that he was the witness in relation to the Rettendon murder investigation. NICHOLLS was kept secure and safe in the juvenile wing. This wing is separated from the rest of the custody unit by a lockable door. It consists of a small corridor with two cells and a shower and toilet in it. NICHOLLS had the run of the wing. He was kept extremely secure and access to him was strictly controlled. Only a very small number of Police Officers were allowed access to him...[Access to NICHOLLS was controlled by the following three witness protection officers - Bill CLARK, Christopher WINSTONE and Mick BROWN]....

......All access by visitors to NICHOLLS was controlled by these officers. They were available 24 hours a day by mobile phone to authorise if a visitor was allowed access to NICHOLLS. Visitors would normally be shown into the wing where NICHOLLS was and locked in with him unsupervised. They would always be searched before they were allowed access. No visitors were allowed to see NICHOLLS without first being authorised by the witness protection officers as I have said. I remember that NICHOLLS did have a number of visitors whilst I was custody Sergeant. All of these were authorised.......

...........I can remember that NICHOLLS mother-in-law used to visit him. I would describe her as being an attractive lady, late 30s / early 40s. She possibly had fair hair. She sometimes visited NICHOLLS by herself and a couple of times arrived with a black male and possibly NICHOLLS wife. I cannot remember anything about his physical appearance apart from the fact that he was casually dressed and considerably younger than NICHOLLS mother-in-law. It is my understanding (as a vague recollection) that the black male was the mother-in-laws boyfriend. I believe that NICHOLLS may have told me that the black male was her boyfriend......

[It is apparent from the interview with Darren NICHOLLS that the black male mentioned here may be his wife's friend's boyfriend "Clive" and not THOMPSON. THOMPSON also says that he did not visit with NICHOLLS' wife or indeed any other person]......I can say that this group was locked in the wing with NICHOLLS. I cannot remember anything else about this visit or any of NICHOLLS' other visits or visitors....

........I have been shown NICHOLLS custody record from this period. I have been asked to look at the entry covering the 24/11/96. I can confirm that at 1619 on that date I took over as Custody Sergeant at Harlow and have signed as such under PS 408. I have then written at 1705 "Visit by Tony THOMPSON (after search)" and at 1830 "Visit ended". I have no memory of this visit and cannot say if Tony THOMPSON was the black male I have described or if indeed the black male I have described ever visited by himself...."

6.1d POLICE SERGEANT ANDREW KENNY

Sgt KENNY was a Custody Sergeant at the time of NICHOLLS' detention at Harlow Police station. He states that NICHOLLS was held on a long term basis in the Juvenile Detention Room area of the custody suite. This area was separate and out of sight of the other cells. In this area there were two cells and an area in which the prisoner could move freely, but was still locked behind a gate.

He states: "I was aware of the Rettendon Range Rover murders and the fact that Darren NICHOLLS was a protected witness in relation to this case. Because Darren NICHOLLS was not a prisoner governed by the Police and Criminal Evidence Act 1984 the custody record was not as extensive as those prisoners. NICHOLLS was not visited on such a regular basis as the other prisoners.....

.......Darren NICHOLLS was allowed to keep items such as a television, video recorder and a radio in the area which normal day to day prisoners obviously would not have been permitted. Darren NICHOLLS was visited on occasions, I do remember a female visitor and possibly children, but I have no knowledge of a black man or any media representative or journalist visiting. Darren NICHOLLS' was looked after primarily by DC CLARK and DC BROWN and possibly another female detective. DC CLARK and DC BROWN would generally supervise day time visits and inform the custody sergeant who to expect as a visitor to Darren NICHOLLS at other times. I do not remember the searching procedures in relation to these visitors. Instinct tells me that visits would not have been supervised by a police officer, but I cannot remember for certain. I do not have any memories of Darren NICHOLLS having possession of a video camera whilst he was in custody".

After being shown a custody record which shows an entry:

'Mr THOMPSON visiting' at 1809 hours he confirmed that the entry was in his handwriting but he could not specifically remember making this entry or any detail of the visit.

6.1e POLICE SERGEANT INGRID JAMIESON

Sgt JAMIESON was a Custody Sergeant at the time of NICHOLLS' detention at Harlow Police station. She states: "I remember a person called Darren NICHOLLS who resided at the custody suite for some time. I understand that Darren NICHOLLS was a witness in the case where three people were murdered in a Range Rover in Essex........

.............I do remember this character, he used to stay in the juvenile detention area, which was two cells and a corridor behind locked gates. My understanding was that Darren was not allowed to leave and that we were housing him, although he was not a prisoner under the Police and Criminal Evidence Act 1984......

........I remember Darren making telephone calls from the medical room of the custody suite......

.......I do not remember any attempts by the media to contact Darren and I do not know of a black journalist called Tony THOMPSON. I do not remember Darren being found in possession of a video camera in his cell block. I have viewed a custody record for Darren and there are numerous written entries from myself including records I made of visits to Darren. I only remember the one visit. I have already described, I certainly do not remember any black people visiting Darren."

6.1f POLICE SERGEANT JONATHAN BUTCHER

Sergeant BUTCHER was working as a custody sergeant at Harlow Police Station at the time of NICHOLLS' detention.

He states: "....I remember instructions that we should not enter into conversation with Darren NICHOLLS unnecessarily and that all issues about NICHOLLS were to be sorted out by Witness Protection Officers......

.......I do not remember any visitors to Darren NICHOLLS.

Again I would assume that any visits would have been supervised and arranged by Witness Protection Officers....I have no memories of any members of the media or a black journalist called Tony THOMPSON visiting or attempting to visit Darren NICHOLLS....

.......I do not remember Darren being found in possession of a video camera or a mobile telephone while he was in custody at Harlow. I am not aware of any provisions for the searching of Darren's cells that he was occupying at the time. I was certainly never involved in any such search.....

.....I have been shown a set of custody record entries on 24th November 1996 on a custody card number GD/NA/96. At 1400 hours that day I marked up the record that the subject was then in my custody, and that a meal had been provided by DC WINSTON. At 2120 hours I marked up that "SNELL'S" visit had been concluded. On the record for that day is shown a visit by Tony THOMPSON which is marked up by different officers. I did not make this entry and do not remember this visit as I have already said in this statement."

6.1g SERGEANT CHRISTOPHER RAWLINGSON

Sergeant RAWLINGSON was a Custody Sergeant at Harlow police station whilst NICHOLLS was detained there. He states:" ..things were run very tightly in relation to the witness. He was kept on the juvenile wing. All visitors had to be agreed by the Witness Protection Officers. It was very rare that he had any visitors. I remember visitors coming when I was a Custody Sergeant but do not remember anything about them.....

.....I do not remember a black male visiting NICHOLLS. I can say that even if NICHOLLS asked for a visitor to be allowed to visit I still had to have it authorised by a member of the Witness Protection Unit......I never saw a video camera in [NICHOLLS'] possession. I do remember that he was allowed to make unsupervised phone calls from the doctor's room In the Custody Suite.

6.1h POLICE SERGEANT NICHOLAS WOOD

Sergeant WOODS was a custody Sergeant at Harlow police station whilst Darren NICHOLLS was detained there. He states: "The rules in relation to any persons getting access to

NICHOLLS were very strict.....I can remember that there was a list of Police Officers who were allowed access to him. All visitors had to be authorised by the Witness Protection Officers.....

......I can remember his wife visiting him and also remember other members of his family also visiting him but cannot remember who they were. I cannot remember a black male ever visiting him.....because things were so strict a member of the media would never have been allowed in to see him. He would also have not been allowed a video camera in his cell area."

6.1i POLICE INSPECTOR ROBERT BECKWITH

Inspector BECKWITH was a Custody Sergeant at Harlow Police station when NICHOLLS was detained there.

He states:"......NICHOLLS was kept in the secure juvenile wing away from other prisoners. This consisted of two cells and a shower area.....Access was kept very strict and all visitors had to be authorised by the Witness Protection Officers.....

...... I remember that NICHOLLS did have visitors whilst I was Custody Sergeant. I have looked at the custody record and can confirm that a number of persons have visited whilst I was there and my warrant number is 1953 and the entries under that number are by me. I remember that he was visited by members of his family such as brothers and sisters, I believe. I do not remember any black males visiting NICHOLLS. Nobody would have been allowed to visit him without authorisation. I do not remember NICHOLLS ever having a video camera in the custody/cell area".

6.1j RETIRED CONSTABLE KEITH BATTEN

Keith BATTEN retired from Essex Police on 8th November 1997. He states:

"For the last 2 years or so of my police career I was a permanent gaoler at Harlow Police Station. I do remember specifically Darren NICHOLLS being housed at the custody area at Harlow. All his visits and general dealings were arranged by the witness protection staff and a Superintendent (I cannot remember their names or the exact dates when NICHOLLS was at Harlow). I knew why NICHOLLS was at Harlow and the case for which he was involved. I never discussed his case with him although we did of course exchange pleasantries. I cannot remember NICHOLLS having any visitors and do not recall him ever having a black male visitor. I never saw NICHOLLS with a video camera".

6.1k DETECTIVE CONSTABLE MARTIN OAKLEY

Detective Constable OAKLEY was part of the investigation team for Operation APACHE (which was an investigation into Police corruption involving Essex Police Officers). He interviewed Darren NICHOLLS at Harlow Police Station.

He states: "I have no knowledge of any visitors to NICHOLLS and no knowledge of any members of the media visiting NICHOLLS".