Freshwater Five members lose appeal on cocaine convictions

Two members of the Freshwater Five found out today their convictions will not be overturned.

In the court’s ruling, Sir Julian Flaux – sitting with Mr Justice Andrew Baker and Mr Justice Calver – said: “Standing back and looking at all the evidence available at trial as well as the evidence now available, whilst the evidence is circumstantial, this was, as the (Criminal Cases Review Commission) concluded, a ‘compelling prosecution case of conspiracy to import cocaine’.

“The grounds of appeal do not begin individually or collectively to cast doubt on the safety of these applicants’ convictions.

“The applications for leave to appeal conviction are accordingly refused, as are the applications for an extension of time and to adduce fresh evidence.”

• Read a statement from the families HERE: Freshwater Five to fight on, saying “British justice is broken"

Scott Birtwistle (second right) who was sentenced to 14 years' detention and Daniel Payne (centre), who was jailed for 18yrs, two members of the Freshwater Five, for trying to smuggle 250kg of cocaine into the UK, outside the Royal Courts of Justice.

Jonathan Beere, 51, and Daniel Payne, 46, were jailed in 2011 for 24 and 18 years respectively for conspiracy to import £53 million of cocaine into the UK via Freshwater Bay, off the coast of the Isle of Wight.

Payne and three of his co-defendants – Jamie Green, Scott Birtwistle and Zoran Dresic – were said to have collected the drugs from the English Channel in a fishing boat, the Galwad-Y-Mor, in May 2010.

Beere was alleged to have acted as a liaison between Green, the skipper of the Galwad who was also jailed for 24 years, and those organising the smuggling.

Read more: Who are the Freshwater Five?

At their trial in 2011, Kingston Crown Court heard the Galwad crossed the path of the Oriane, a container ship sailing from Brazil, and then slowed down to collect the cocaine.

But the Court of Appeal heard in February that new radar evidence showed that “the Galwad never crossed behind the Oriane”, meaning it was “simply impossible” for them to have collected the drugs.

Beere and Payne’s barrister Joel Bennathan QC said the new data “transforms the picture that was presented to the jury”.

Mr Bennathan said there had been “major failings” by the prosecution at trial, which had prevented Beere and Payne challenging issues with the evidence against them.

Mr Bennathan also said “another suspect boat” had travelled near to where the cocaine was recovered shortly after the Galwad sailed nearby.

He argued that this boat was “an alternative suspect for depositing the drugs”, which was not known to the defence at the time of the trial.

But Deanna Heer, for the Crown, said a “correct interpretation” of the new radar data showed “the Galwad-Y-Mor did indeed cross behind the Oriane and was in sufficiently close proximity to permit the transfer of the drugs”.

She also said there was no evidence that the “suspect” boat went to where the cocaine was eventually found.

As the appeals came to a close, Beere’s wife Sue Beere said she hoped the convictions would be overturned so her family could “get our lives back”.

Green’s sister Nicky Green said she was hopeful there was light at the end of the tunnel.

Their hopes have now been dashed.

Scott Birtwistle – who did not appeal against his conviction in February, as a previous appeal he brought was dismissed – said the five would continue to fight to clear their names.

Sir Julian Flaux, Mr Justice Andrew Baker and Mr Justice Calver gave their ruling during a remote hearing at 10.30am today.