Life after Life

My current high priority campaign is for the provision of a trauma centre for miscarriage of justice victims. The following is an article I wrote for The New Statesman which gives the circumstances behind my involvement in this new campaign and my work with MOJO - The Miscarriages of Justice Organisation.

“I spent a lifetime in jail for a murder I never committed`, he said. These were final moments in the short, lost life, of Stuart Gair, 44. A heart monitor pronounced him dead on the worn sitting room carpet where he lay. The noise from the defibrilllator blew the tolerances of the radio transmitter that was recording the last minutes of a man who had died, in truth, many years before his cardiac arrest.Sitting on a thread bare sofa, in a thread bare one bedroom flat, against the bleak surrounding walls – Stuart Gair, gave the impression that he had not left the prison that had been his home for nearly 12years.

Imprisoned for murder in 1989, he spent most of those years mourning the injustice in solitary confinement. It took him 17 years to clear his name and had yet to receive any compensation for one Scotland’s most shameful miscarriages` of justice. In the twenty minutes, I had known him he spoke of little else.
 “Stand clear…suitable for shock`, the artificial voice of the defibrillator crackled. Five unholy attempts to re-engage his heart and then - the Lazarus machine pronounced him back among the living, though not as he would wish it.

These events followed a routine 999 request for assistance, one Friday night in Edinburgh.  There days later, a consultant from the Edinburgh Royal Infirmary phoned to tell me that Stuart’s heart had stopped again and he was now in a coma. There was no hope of recovery. He [1]asked me for permission to turn off his life support machine.

No family or friends could be found and the only connection the hospital had between the dead and the living was a reporter who was on a tour of duty with an Edinburgh Ambulance Service.

These events, that had me struggling for breath myself, as I considered the life and death of a man, I had known for such a short time.
This unfolding drama started out innocuously enough.  I was shadowing Paul a 32 year, paramedic on a routine assignment while he worked the front line of life’s traumas in his car response unit. A cameraman sat in the back of the estate car filming while I peppered Paul with questions. We all waited eagerly, adrenalin on standby, for the radio instructions from the emergency control centre.

The first call was a 50 year old man in a gutter outside a pub trying to drink himself to death after the recent death of his wife. Later there were small riot outside tenement schemes which left a grandmother and two young mothers injured on the blood smeared floor. During the night Paul also, tended to an aging punk rocker who had taken an overdose, a drug addled prostitute unconscious on the street and numerous other heavy drinking casualties.

But it was the customary cardiac call outs that made up the bulk of the emergency requests during the eight hour shift.  Stuart Gair’s call was one of those.  “Nothing out of the ordinary”, Paul assured me en route.

When life support was terminated[2] at 12.50pm on the Tuesday, Paddy Hill, one of the Birmingham Six, was there to say goodbye to a friend, who like him had also suffered a terrible injustice.
In the hours after the doctor contacted me, I managed to track down Paddy from MOJO, The Miscarriages of Justice Organisation, which he founded. Hill and his fellow MOJO campaigner, John McManus had supported Gair’s long battle for justice. They joined psychologist Ian Stephen, another campaigner and  the doctors at the bedside for the send off – familiar voices – at least, for his final release -  not, of course, that he could hear them.

Stuart’s voice though, in death, is certainly being listened to, as his story becomes the focus of a new campaign to support `life after life`  - the creation of support programmes for miscarriage victims to help them cope with the world again.
“The worst thing to happen to Stuart Gair, was to release him from prison”, John Macmanus, told the congregation, at Daldowie Crematorium in the Glasgow’s east end. “He should have been released as an innocent man with the same planning and consideration given to the guilty.”

Stuart Gair, petty thief and likely lad was born in Reading Berkshire. His fathers name does not appear on his birth cert. Gair never knew him. He later moved to Scotland and it was no surprise that his dysfunctional upbringing served up a predictable chaotic and low grade NED (non-educated delinquent), albeit one, who did not kill. He was however, in 1989, convicted was of the stabbing and murder of Peter Smith, a supermarket manager and former soldier who was cruising North Court Lane toilets, city centre Glasgow, for rent boys. The appeal Court finally cleared his name on the 11 July 2006 stating the “non-disclosure of police statements and other information resulted in a miscarriage of justice”.

The truths that sit behind this bland Court utterance, however, are more lurid. The background tells tales of pressurised witnesses, serious allegations of Police corruption, lies and fabrication which leave a terrible stench over the Scottish judicial system and the Strathclyde Police.
At best, his conviction was a mistake borne out of an extraordinary catalogue of failures and errors by the Police and Prosecution. Whatever the truth, the result was that Stuart spent most of his 12 years in solitary confinement. He was further rewarded a heroin habit and Hepatitis A. 

His, became the first contemporary case to be referred to appeal by the New Scottish criminal cases review commission in 1999. Although, freed begrudgingly on bail then, his appeal became bogged down in the legal process and it took six more years till his murder conviction was overturned.

Caught halfway between guilt and innocence during that time, he inevitably perhaps, returned to the streets from whence he came.

“He couldn’t cope. Life came at him at thousand miles an hour. And when he struggled - he sought the same escape outside the prison walls that he sought inside – heroin” according to Paddy Hill, who spoke to him just weeks before his heart attack. 

Immediately upon his release from prison, Gair, stayed with the prison doctor who highlighted his case. When he was found injecting heroin in the house, he was asked to leave. Other floors and needles later and he found himself arrested three times on drugs charges. He even stole from his disabled mother.  He was dealing; and was stored the heroin in her nursing home.

It was hard to know where rock bottom settled for Stuart.
 It wasn’t until his final vindication, in the summer of 2006, that he started to rebuild his life. In his last year, he had been clean and had got fit, swimming, doing the gym and generally sorting himself out - but all his roles in life set him up for a sorry end.  Fate had it in for Stuart Gair, according to journalist and campaigning friend Neil MacKay[3].

A little boy who never knew his dad, a teenage petty thief fitted up for murder; a jailbird junkie on a mission to self-destruction; and finally a man on the road to happiness with a misfiring heart that he never knew about.

Sally Clark, 42 [4]died of a heart attack too, last year after failing to rebuild her life following her successful appeal against her conviction for the murder her two baby sons.

After her release, she said: “The whole world is so huge. Since my release, things have got worse, not better. In the first few weeks I seemed to be adjusting well. Now I am devastated that I seem to be going backwards. I have to stop what I am doing, over and over. I can’t cope”
She was sentenced to two life sentences in 1999 and spent more than three years in prison.. She was found to have been wrongly convicted in January 2003 after new medical evidence emerged.
Her experience is a common one for miscarriage victims.
 

The wrongly convicted and their families commonly face psychological difficulties and problems of adjustment that are severe, bewildering, and unexpected. “Typically, for years they had been focused on achieving the goal of release, but once this had been achieved and celebrated there were painful discoveries that they had changed, there were losses that could not be remedied, and the lives they previously had, could not be recovered”, Dr Adrian Gounds,[5] at Cambridge Criminology Department, said.

  It was particularly tragic, he said, to hear some admit that the years of imprisonment had been easier to cope with than the years since release.  He has interviewed 30 miscarriage cases for a paper shortly to be published and the research, he insists, clearly, indicates a compelling case of need for services of support and help for these complex and longstanding problems. 

It not just dealing with people; Paddy Hill forgot how to swim. “I found myself diving in and immediately sunk to the bottom. I couldn’t move, I had to be rescued because I had forgotten what to do.”

Hill and Gair and others like them are thrown out from prison with no treatment or support which would in the case of the guilty would normally be provided to help re-equip them with the skills to reengage with society.

 “They have to literally learn to live again,” McManus says. Often the enormity of the personal losses was impossible to face and bear. 

They often return to their home towns and build their own segregation units and effectively place themselves in their own solitary confinement with multiple locks on every door and little human contact.
“Because they have refused to admit their guilt in prison they are denied parole and release preparation schemes and their abuse is compounded”, says McManus. He and Hill are leading the MOJO campaign to set up a permanent retreat and a treatment programme for victims of miscarriages of justice.

There has to be preparation, family therapy, support and counseling according to Dr Grounds.  He said the attempt by MOJO to secure a retreat would in some small way give back to them a little bit of what society stole from them.

When the Beirut hostage John Mccarthy was released in 1991 the British Government took him and 17 of his family and campaigners away for four months, to RAF Lineham[6] specialist military counselling unit, to be treated for PTSD.  The Government provided the same support to Americans` Terry Anderson and Tom Sutherland. In same year Paddy Hill and the Birmingham six were released after nearly 17 years in prison. Paddy Hill has spent three months more outside prison now than inside and he has still received no psychological support.

Attending Gair’s cremation, Paddy Hill’s sunken and sodden eyes, spoke of every lost minute of freedom he personally endured while `held hostage` by the justice system. He seemingly, grieved too, for all the missing hours, days and years that were suffered by those, for whom he now campaigns.
 

In unseasonable winter sunshine outside the east end crematorium, walking at half mast and sweating hurt, Paddy Hill let the tears go.  I found it hard myself not to cry as his family rushed to support him, interlocking arms, and squeezing hands.

Paddy Hill is still fighting for counselling. His local NHS is discussing the financial arrangements for it but Hill feels that the Home Office should pay and not the NHS. “They put me there so make them pay.”

More disturbing, is that Hill and others, have had to pay living expenses out of their compensation for wrongful conviction, following a law Lord ruling last March[7] which said not to deduct such expenses while staying at her majesty’s pleasure would be to over compensate them.

Of course, Jeffery Archer or Lord Brockett didn’t have to pay for their stay in prison. You can understand how faced with this kind of intransigence; People like Stuart Gair find it so hard to readjust.

“We are angrier now that at anytime since our arrest”, Hill tells me. “No one has had to pay for the forced confessions, the perjured witness statements and the lies. We live with this every day,” Gerry Conlon says, gesticulating forcefully.

Conlon was part of the `Guilford Four` who were wrongly convicted of a pub bomb attack in the town. After 15 years in jail they won their appeal and were released. Conlon’s father, Giuseppe, however, died in jail, having been convicted of involvement in the bomb plot also. Gerry Conlon’s autobiography was made into the acclaimed film “In the Name of the Father”, staring Daniel Day Lewis and Emma Thompson. Those triumphs in Court and cinema, barely register now with Conlon or Hill.

“While half a million pounds of taxpayers money has been spent on looking after Maxine Carr,[8] not a penny has been put on the table to support the rehabilitation of the innocent who have left prison, Hill says. “We are not saying the guilty don’t need or deserve this support but before the innocent?”

MOJO are seeking Government funds to finance a retreat and trauma centre to facilitate the recovery of miscarriage victims and to manage their return to their families and communities. Discussions with the Home Office after Stuart’s funeral have been positive. Junior Minister Marie Eagle has put civil servants at the disposal of MOJO to help create a business plan and feasibility study. “We made more progress now in the months since Stuart’s death than we’ve made in the 19 years since his wrongful conviction, but we have to keep the pressure up”, McManus in his inimitable breathless brogue.

Concerns are mounting now, though, for the newly released Kenny Richey[9]who was just an hour from execution after his wrongful conviction for murder in the States. After 21 years in jail, he has now returned to the UK - Not though, into the hands of counsellors, but into the hands of the entrepreneurial, Max Clifford. Now that’s a worrying thought.

After the lights went out on the monitor reporting Gair’s last coma pulse, the bedside team returned to the flat, Stuart and I had departed, the previous Friday night. It gave no hint of the trauma that took place. It remained meticulously uncluttered. His personal artefacts were few.
A book entitled `Buddhism for Sheep` lay on his bedside table. `69` at San Quentin`, one of Johnny Cash's prison classics  was resting there too, Under the sitting room armchair was an `Alabama 3` disc (famous for opening track to the Sopranos). He spoke of them to me before his heart stopped. They had played a gig for MOJO in August. Stuart had been there.

The critical contents, though, his of 44 years were to be found, in his wash bag. Inside was a picture of his mum, who is now dead and a copy of his birth certificate, glaring omission of dad, included. There was another omission - A secret legacy; a 19 year old daughter who never got to know her own father - Stuart.

Some one knew and tipped off the papers and journalists soon made it to her door and reconnected the father and daughter in death. She was not at the funeral. Pregnant and still stunned by the news of her real father and his confused life, she kept a low profile

As Stuart’s daughter contemplated motherhood and her new found heritage, the press hunted her down again to discuss another legacy of Stuart’s – the million pounds in compensation due her for Stuart’s wrongful conviction. As the only relative she entitled to receive it.
That is just the start in life that Stuart would have wanted to give to his grandchild. Perhaps though, his greatest legacy with be a trauma retreat, serving and protecting the brutalised innocent from their own anger and the system’s indifference.             

End



[1] Dr Mitchell, Edinburgh Royal Infirmary
[2] Stuart Gair, born Berkshire, August 27, 1963; Died 29th October 2007
[3] Extract from MacKay – Sunday Herald 4.11.07 – The tragedy of Stuart Gair & Interview
[5] Dr Adrian Gounds `The Psychological Consequences of Wrongful Imprisonment` 2003 & `Need for Psychological Support Following Wrongful Conviction` 2008 ( not yet published) – Institute of Criminology Cambridge
[6] Interview TW Sky TV 23rd March 2003
[7] March 15 Law Lords 2007
[8] Girl friend of Ian Huntly guilty of the Soham murders
[9] Jan 6th 2007 after 21 years in Jail

 


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