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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

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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.

News

Dave's Blog 14th June

My blog for May/June is not what I originally intended it to be. It is also considerably late.

This is because the management here at HMP Wakefield are refusing to allow me to post it out as I am discussing another prisoners wrongful conviction. I have this prosoner's permission to write about his case and recent events relating to it and the law entitles me to write and publish articles about other prisoner's miscarriage of justice cases. Yet as often occurs the management at HMP Wakefield believe that the law, including 'Freedom of Speech' does not apply to them. Even the national prison rules, specifically Prison Service Instruction (PSI) 49/2011, Section 11.3: part J(iii) identifies that a prisoner may write and publish in the media details of another prisoner and their case when it forms 'part of serious comment about crime, the criminal justice system or the penal system'! In 2011 the ruling of Campbell and Ferguson vs The Governor of HMP Wakefield established that no prison staff member may depart in any material form from the specific requirements of the PSI. To do so would constitute an unlawful act. Yet the staff and management of Wakefield have still chosen to obstruct my lawful right in this aspect.

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Dave's Blog 13th April

Today (13th April), my solicitor visited. During this visit he took new mouth swabs from me so that new DNA tests could be run. The new test is much more sensitive and examines a wider range of 'bands' contained in a DNA reading. As soon as he departed from HMP Wakefield he was heading directly to the Forensic Access's lab at Oxford to deliver the samples.

Whilst he was here we were also able to discuss the full scope and implications of evidence that is still being withheld by Kent Police. Specifically statements and an item relating to a chemists. At my trial Kent Police and CPS refuted that any evidence existed of my being at a chemists during the crucial period in which Susan Kent was killed. This will have been significant in how the jury reached the guilty verdict given against me. Irrefutable evidence now shows that the police and CPS had and still have evidence that verified that I was at a chemists at the crucial time.

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Dave's Blog 31st March

At last my solicitor has contacted me. It wasn't with any real news other than he's secured the funding for the further forensic testing. He's also acknowledged that my barrister has instructed that he begin to pursue the evidence which Kent Police hid proving my alibi. He has also booked to come and visit me on the 13th April. Hopefully I will have more news after then for my next blog.

Recently I submitted a written piece of my 'prison experience' to the Justice Committee at the House of Commons. This appears to have been well received by them as they intend to publish it as part of their investigation as to what is going wrong in British prisons. This review and prisoner's experiences articles, including my own, will eventually be available to read on the House of Commons Justice Committee website

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Dave's Blog 15th February

My February blog is somewhat late as I had been hoping to hear something from my solicitor by now.

After all, before Christmas 2016 my new barrister issued new instructions for the evidence, withheld by the police, that proves my alibi to be pursued. At the very least I expected that within two months my solicitor would have written to me confirming that he'd received these instructions and informing me of his plan of action. Ever consistent though, I've not heard a thing from my solicitor.

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Dave's Blog 6th January

Shortly after writing my last blog my barrister agreed that the evidence withheld by the prosecution proving my alibi must be pursued. He has now sent directions and instructions to my appeal solicitor in respect of achieving this.

Of course I expect the police and CPS to deny the existence of any such evidence. After all a crucial part of their case at my trial was that there was no evidence supporting my alibi. Nor are any such items included in their evidence lists. This is difficult to explain though when their own expert witness went on record in 2004 stating that he'd seen witness statements and a computer timestamped item that conformed to my alibi and placed me elsewhere at the time period during which the coroner gave for Susan Kent's murder.

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Articles

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.

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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.

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