David Ferguson is Innocent
Steve Sinclair has written a new article that exposes the shocking amount of non-disclosure in Dave's case and explains why not only is his conviction unsafe but that he is completely innocent of the brutal murder of Susan Kent.
To download the article, click on the PDF image below
The police custody log, kept during David's initial arrest, reads at 15:10 on 15th December 1999 "I have given authority to take a non-intimate sample, namely a footprint from DP (detained person) as I believe it will tend to confirm or disprove his involvement in this offence" This was authorized and signed by Detective Superintendent McCann.
This sensational piece of non-disclosed evidence shows, quite explicitly, that the police had not one shred of evidence to link David to the murder of Susan Kent, not even DNA evidence. Yet, lo and behold, several days later, previously tested DNA samples were re-tested and showed matches to David. These results were obtained 8 days after David gave DNA samples. Astonishingly one of Dave's samples was taken home by a detective working on the case!
David Ellis Ferguson was wrongly imprisoned by the state in December 1999. That means that as of November 2014 he had spent 15 years incarcerated for the brutal murder of Susan Kent that was committed by some other, as yet unknown, person.
Please take some time to read about his case. If, like us, you believe Dave is completely innocent and you would like to send us a message of support then you can do that here. If you would like to lend more tangible support then please let us know how you can help.
Finally and most importantly if you have any information that might help Dave's case please do not hesitate to contact us. Thank you.
Dave's Blog 2nd September
Yet another month passes and my appeal counsel have still failed to make any measurable progress.
During August I did receive a letter from them. In this it was claimed that the forensic scientist instructed to re-test the forensic evidence is liaising directly with Kent police/CPS for access. However, I have seen no actual evidence of this. Also, my legal counsel are still making no effort to pursue the evidence that we know the prosecution continues to withhold and, which unrefutably proves my alibi.
Dave's Blog 1st August
With another month passing and my solicitor having failed to make any progress in accessing the forensic evidence for re-testing, I have now written to the head of his firm (Mr David Wells) raising my concerns.
As part of this I have also raised issue that Mr Rose (my solicitor) has also failed to pursue the evidence of my alibi that Kent police/CPS continue to withhold. My solicitor's reticence to pursue the evidence that exonerates me is not unique to my case. I have seen it time and again in other prisoners cases over the past 16½ years. In two specific cases I ended up sourcing evidence that was either missed at trial or withheld by the prosecution. In the first the person walked free from court. In the second, the prisoner still sits here in Wakefield whilst his legal team have wasted the last year not doing their job, despite the new ballistic and gun shot residue report I secured for him not only exonerating him but, also pointing to the prosecution having willfully misled the jury at his trial.
Dave's Blog 1st July
Unsurprisingly another month has passed and still my solicitor and barrister have failed to make any progress with Kent police and CPS. This is why so many wrongly convicted people lose decades of their lives in prison for crimes that they haven't committed.
On a vaguely positive note this is my pre-tariff sift year. As I am still held as a category 'A' prisoner I would normally be automatically refused a hearing before the parole panel. However, I have my request for a full hearing to be considered by the parole panel. If granted I will present evidence that demonstrates that HMP Wakefield have artificially held me on cat A simply because I maintain my innocence - an act which is unlawful. I will then ask the parole panel to issue specific guidance and directions to the prison to rectify this issue.
Dave's Blog 1st June
Finally my solicitor has had a response from Kent Police/CPS
A chief inspector Gosling answered stating that our request to have the forensic evidence released for physical re-testing has been passed to an "appropriate person". Yet again the police and CPS are acting in a deceptive and evasive manner. No name was given to identify this "appropriate person". This means that we have no way of chasing up the fact that after over a month later no further response to our request has been forthcoming. Only someone, person or organisation, with something to hide would act in such a deceptive and underhanded way again and again. The only reason that the police and CPS withheld crucial evidence during my trial and are now taking every possible step to stop as accessing all of it now, is that they know it will prove my innocence.
Dave's Blog 2nd May
Yet another month has passed and still my legal team have been unsuccessful in obtaining the release of the forensic evidence from Kent CPS and police. I now intend to instruct my solicitor to seek a court order for its release.
Meanwhile, having now served almost 17 years I can apply for what is called a 'Pre-tariff sift' review before the parole board. This would be to see if I could be transferred to open prison conditions. However, as HMP Wakefield has refused to recommend me to be downgraded from category A status this will not happen. The only reason HMP Wakefield refuses to reduce my category status is because I refuse to admit guilt for a murder that I did not commit. This is no more than thinly veiled blackmail.
Bob Woffinden Writes...
Bob Woffinden, Britain's leading writer on miscarriages of justice, has given us permission to use this article he wrote about Dave's case for the June 2010 issue of Inside Time.
Susan Kent's body was found in the front bedroom of her house at about 4.15 in the afternoon of 24 November 1999.
She worked part-time both as a schools dinner lady and also as a childminder. She had a young son and it was because she had neither arrived at work as normal around midday nor picked her child up from school that the alarm was raised. She had separated acrimoniously from her son's father, and it was her mother who went round to her house on the outskirts of Gillingham, Kent and found the body.
A message from Dave
David Ferguson has been in prison for a crime he didn't commit since November 2000. Here he speaks to you about his plight and his fight for justice.
For over a decade I have sat in prison for a murder that I did not commit. Unless you experience this torment first hand it is impossible to conceive. It is an experience I wouldn't wish on anyone.
Do not believe what can be read in the press, prison is no holiday camp, especially when you don't belong here. It is an environment where those in power seize every opportunity to belittle, humiliate and abuse those who that they are supposed to be rehabilitating. It is an environment controlled by psychologists whose agenda is nothing less than to push prisoners to breaking point.