John Gulliver: Families Bound by Injustice
After years fighting for her own family and the Freshwater Five, Sue Beere works with clients of charity Appeal
Monday, 30th October 2023 — By John Gulliver
Sue Beere with her husband Jon on the day of his release
Sue Beere remembers the police knocking at the door and the moment her family’s world was turned upside down for ever.
Her husband Jon was taken away as part of an investigation into the largest haul of cocaine ever found in UK waters, their four-year-old son clinging desperately to his leg.
She said an officer told the children not to worry as their dad would likely be home later that evening.
But he did not come home for 12 years – one of five men, later dubbed the “Freshwater Five”, sent to prison for a total of 104 years on highly dubious drug smuggling charges.
The Beere family, like many others torn apart by miscarriages of justice, are campaigning for a massive shake-up of the criminal justice system – in particular, the Criminal Cases Review Commission.
Ms Beere – now works for the charity Appeal, a Clerkenwell-based law practice that works exclusively on appeal cases – told me: “People read about someone going to prison and they believe so much in the system that they think there is no question he must have done it.
“We live in the Isle of Wight, which is like a village. On the whole people were supportive because they knew Jon, but you’ve always got the haters. You face stigma every day. You learn to grow a thick skin.
“Jon missed the birth of his granddaughters and the death of his father. He missed out on so many things.
“Every day I was worried about him – every day. And he would have been in there wondering if I was coping financially, if people were giving me grief. When you are fighting a wrongful conviction, you are dealing with the whole ‘no smoke without fire’ thing.”
She added: “Our son didn’t have a dad to take him to football. At school he might have been hearing about his dad being a bad man.
“Suddenly the kids have to choose between a prison visit to see their dad or going to a mate’s birthday. You can’t say to the football team manager, ‘sorry I can’t play because I’ve got to see my dad in prison’.”
“How does a family come back from that?”
Ms Beere said: “I know it sounds cheesy but when Appeal took the case on, it changed our world.
“The main thing was having people to speak to who believed you. Not just people thinking that it’s you believing your own lies.”
As a “survivor advocate”, she helps run Appeal’s Bound by Injustice group, which supports the charity’s clients’ loved ones.
At the weekend, the families of the wrongfully convicted met in the plush office of a top corporate law firm in the City providing its space for free.
Ms Beere said the group meetings were often extraordinary events, inspiring and heartbreaking in equal measure.
She said: “The issues that come up are: why has the system let us down? Why has there been things like fabrication of evidence, non-disclosure? Why are we in this situation?
“The evidence is out there – Appeal has often found the evidence – but the Criminal Cases Review Commission is not fit for purpose. We are calling for reform, a massive shake-up.”
Ms Beere added: “The CCRC was set up by people to help us. But they are in fact just a barrier to justice.
“They are not separate from the courts. It is run by a biscuit lady who is also on the committee that selects the judges. How can that system be unbiased?”
The “biscuit lady” in question is Helen Pitcher, the CCRC chairman and senior director at Pladis, formerly United Biscuits, who has faced calls to resign over the recent Andrew Malkinson scandal.
Mr Malkinson, who was jailed for rape in 2003 only for the conviction to be overturned 18 years later after Appeal took up his case, had been helped through his ordeal by the Bound by Injustice group and was at the event in the City on Saturday.
Andrew Malkinson, left, with Appeal investigator James Burley
“It was the first time Andy was there in person but he has been part of the group,” said Ms Beere.
“To have him and his mum there, it just gave everyone hope really. The fact that everyone was so pleased for Andy, spending time with people and seeing him – it all makes a big difference to everyone else. It gives us all hope.”
Ms Beere said Bound by Injustice normally got together once or twice a year, sometimes with activities for teenagers for example.
The focus was on getting people who are going through the same thing to share experiences.
She said: “It’s a safe place with no judgment or stigma. People don’t have to worry about what they say because pretty much everyone has already seen it. Appeal is the only law firm that offers this kind of holistic work to the families.
“We are checking in with everyone. We signpost support with the bills.
“Maybe the kids are struggling at school, or they need help keeping life together. Or maybe a member of the family just needs a chat one day. You name it, we cover it.”
The event on Saturday included a workshop with Brenda Birungi, aka the poet Lady Unchained who has spent time in Holloway Prison, and Jennifer Thompson, from the Healing Justice group in the United States.
The meeting also gave feedback to the Law Commission, which is currently reviewing the entire appeal system.
Ms Beere said she was looking forward to spending her first wedding anniversary as a couple after 13 years.
“It’s going to be our first family Christmas together, too – it’s kind of like we are starting again,” she added.
You can read more about the Freshwater Five and Andrew Malkinson on the Appeal website, https://appeal.org.uk
