Derek Patterson Inside and Innocent - Ten Years Over Tariff!
In 2005, Derek Patterson was convicted of Attempted Murder. He received a six-year 56-day tariff on a discretionary life sentence. He is currently approaching his 16th year of incarceration, still maintaining his innocence, and ten years over tariff.
He had no record of violent crime. The only prosecution evidence was the word of another. There was no forensic or DNA evidence to support the conviction. Both forensic and DNA evidence rule him out of the crime. The alleged assault weapon was also ruled out. Experts on both sides agreed the knife the defendant was supposed to have used was not the knife that cut the clothing or injured the victims.
One of the victims even stated that Derek was not responsible.
Lincolnshire Police falsely claimed that Derek had admitted the crime when he had not. There is much on record to show the crime scene was not thoroughly investigated, rendering evidence inconclusive.
While on remand and during the trial process, Derek was given the opportunity to be transferred to Broadmoor for assessment to see if he could be provoked into violent action after consuming alcohol or in a sleepwalking disorder. This was voluntary in the interests of truth, and at the Judge's suggestion, who was trying to be helpful. He was there for three nights. One night after being ordered to drink an excessive amount of vodka, he was provoked by electric shock treatment to see if he would react violently. The Consultant Psychiatrist and Medical Director reported as follows:
'Based on all the data I have examined and in addition on neurological testing including an EEG and three nights of overnight sleep studies, including one night that was provoked with alcohol, it is my opinion that Mr Derek Patterson does not have a diagnosis of sleepwalking disorder and the description of the event on the night (of the assault) does not fulfil the criteria for an automatism'.
Disastrously, the report was not helpful in court, and no positive outcome at all, as the prosecution played on the fact that Derek had 'spent time' in Broadmoor and all the implications that could be drawn from this.
Derek's case went to the CCRC. They closed the file and refused to take the case further, saying they were asked to do work that should have been done before trial/appeal, but of course this was not possible because the information was not available.
The appeal against conviction and sentence in 2012: At the Three-Judge Appeal stage the judges agreed that forensic and DNA supported the appellant, but the appeal was refused because 'it would be unfair to bring complainants back to court along with experts' to return to a case 7 years old. It is likely that the experts would not need to come back to court, as their reports are still available and the three judges agreed with them.
Derek had not given up hope, and in 2016 he managed to attract the attention of Bob Woffinden, an investigative journalist specialising in miscarriages of justice, who stated in correspondence 'I do think it is inconceivable that you could have carried out this attack'. Also 'stay feisty but keep calm! You can win this', and 'I do believe that your case is a compelling one'. Sadly, Mr Woffinden was ill with cancer and died before he could take Derek's case up with the authorities.
The Leicester Law School Miscarriages of Justice Project has looked at and found significant discrepancies in Derek's case. Recently accessed police scene of crime photographs have confirmed contradictions in the prosecution evidence. His MP, Catherine McKinnell (Newcastle North) has been supportive, as has Lord Ramsbotham, a cross-bench peer who was Chief Inspector of Prisons from 1991-2005 and is currently co-chair of the All Party Group on Penal Affairs.
Derek is supported by ‘Progressing Prisoners Maintaining Innocence’, ‘Leicester Law School Miscarriages of Justice Project’ & MOJUK
Messages of Support/Solidarity to:
You can also Email Derek, through ‘Email a Prisoner’ https://www.emailaprisoner.com/