An Oik's Progress

by Steve Eastwood

  ● The suspect’s access to solicitors to be is to be reviewed by DCI Johnson upon the arrival of suspects at the Police Station, particularly if any of the three have not been arrested and are still outstanding.

  Aware that time was moving on Brian Johnson ensured that he only delivered the essentials of the briefing allowing no room for unnecessary debate. It was vital for the team to be on scene by 06.30 hours as they could not afford to miss the departure of Derek Bailey. He would be likely to have a key to the door and this would enable the team to effect a silent entry to the house and smother any resistance on the part of the brothers. This would reduce the possibility of violence and injury.

  Brian terminated the briefing and dismissed the team about 06.00 hours.

  Chapter 20 – Arrest operation.

  06.35 hours—- Ds Kevin Kelly (DC4) and his team took up their position at the junction of Sandbur Lane and Bentley Road to await the arrival of Derek Bailey.

  At 06.55 hours—-The OP team report ‘the front door of the house is open. One male has come out and he is away on foot along Sandbur Lane towards Bentley Lane. He is wearing a camouflage jacket, white paint stained Khaki combat trousers and brown boots. He is carrying a black holdall. ’

  Kevin Kelly and his team had hidden the CID car behind some farm out-buildings so as not to be seen from the road. Bill Henman was out on foot, hidden in the shrubbery where he had a clear view of the road. He soon saw Derek Bailey coming along the road towards him. He intended to let him walk past and then he would approach him from behind. Bill watched him pass and he then gestured to his colleagues who slowly and quietly got out of the vehicle. By the time they got to Derek Bailey he had stopped walking and he had placed his bag down on the ground at the side of the road. He had started to roll a cigarette. Bill Henman walked up to him and said ‘I am a Police officer. Are you Mr Derek Bailey?’

  ‘Have you got any ID?’ said Bailey.

  Henman showed him his warrant card.

  Bailey then saw the other three officers coming towards him and Bill Henman could see a look in his eyes that told him that Bailey was unsure whether or not to make a run for it. Before he could decide what to do two of the officers had grabbed him firmly by the arms and had forced him to the floor.

  Bill Henman repeated the question, ‘Are you Derek Bailey?’ Bailey said, ‘Yeah I am. What’s all this about?’

  Kevin Kelly then said, ‘Derek Bailey, I am arresting you on suspicion of Murder. You are not obliged to say anything unless you wish to do so but what you say may be put into writing and given in evidence.’

  Derek Bailey’s knees buckled and he started saying ‘No, not me, not me.’ He began to hyperventilate. The officers allowed him to sit and they tried to calm him down.

  Kevin Kelly said, ‘OK Derek if you didn’t kill anyone, then who did?’

  “I don’t know anything about any Murder. I know a milkman got robbed but it wasn’t me.”

  ‘Who was it then Derek?’

  ‘My cousins Alan and Davie Kaye.’

  ‘Where are they now?’

  ‘Up at the house. Is the milkman dead, then?’

  ‘Yes.’

  “I didn’t know he was dead! Honest! Don’t for fuck sake tell them I told you it was them. They’re a pair of nutters, they’ll fucking kill me.”

  Kevin Kelly said, ’Well Derek, we have to understand what your involvement is so best that you’re honest with us and tell us everything you know. Ask yourself the question. Do you really want to go down as a murderer or an accessory?’

  ‘I wasn’t there! I didn’t have anything to do with it.’

  ‘Best you tell us everything you know then, eh!’

  They searched him and found the front door key. There was nothing in his bag except a flask, sandwiches and a change of socks. They asked Bailey about his dog. He said that she was an Alsatian and although she was territorial and not to be trusted, she was in the conservatory with the door shut. She had gone for Alan Kaye who had been tormenting her and he needed to keep her out of his way when they were in the house.

  He also confirmed that there were no firearms in the house neither had he seen any baseball bat or any other weapons.

  ‘Whereabouts in the house are Alan and Davie then exactly?’ asked Kevin Kelly.

  Bailey told them that the Kaye brothers were both sleeping in separate bedrooms upstairs which were at the rear of the house and that they appeared to be asleep when he had left the house.

  The officers informed the local Control and the OP by radio of Bailey’s arrest and they were soon joined by the other units. Bailey was taken away to the Police station.

  The uniform crew bus (DU3) was pulled across Sandbur Lane to prevent entry by other road users. The CID car was driven past the target address first stopping short of the OP for Ds Kelly and his colleagues to be dropped off to join the OP team. The vehicle then continued on to block the other end of the lane.

  This gave five officers supplemented by the dog handlers who would delay their deployment to the rear garden of the target premises until after Kevin Kelly had quietly secured entry to the house.

  One officer would remain in the OP to maintain visual contact with the front door and relay progress by radio.

  At 07.28 hours—-The OP team transmitted, ’Arrest team approaching front door of the target address. Units to stand by.’

  Kevin Kelly inserted the Yale key in the front door which opened silently. The members of the team then began to file into the hall leaving the front door open. Kevin and three officers then trod their way up the carpeted stairs slowly and carefully. Two of them went to one bedroom door and the other pair took the one on the opposite side of the landing. They signalled to an officer who had remained at the front door that they were “going in.” He waived to the OP.

  At 07.31 hours and on seeing the signal the OP team gave out, ‘From OP, units to the house go, go!’

  Kelly opened the bedroom door and rushed in with his colleague close on his heels. Alan Kaye was in bed under the bed clothes and before he could extricate himself they were upon him using the covers to pin him down.

  ‘We are Police officers! You are under arrest.’

  ‘Fuck off!’ said Kaye, ‘I’ve done nothing. Get out of my house!’

  Kevin Kelly, aware that Kaye was extremely volatile wanted to keep the situation as calm as he could so that they could reduce the possibility of him becoming desperate.

  ‘I believe that you are responsible for the robbery of a milkman in recent days I am therefore arresting you.’ Before he could caution him, Kaye, with a sudden burst of energy rose from the bed and head-butted Kelly full in the face. This stunned him and he sank to the floor. Bill Henman was left to deal with Kaye alone. After a struggle Kaye shook himself free and he leapt from the bed. He was wearing a vest and shorts.

  He then ran out of the room, bounded down the stairs and out of the front door which was at that point open and unmanned. After Bill and Kevin had gathered their senses they followed Kaye down the stairs but as they got outside the house they were met with the sound of Alan Kaye screaming in pain. He was lying on the front lawn with his left arm in the jaws of a Police dog whose handler was doing his best to get the animal to release his prize.

  As for David Kaye in the other bedroom, he had offered no resistance at all. Both of the brothers were placed in the back of the crew bus. They were still in their underwear and they were handcuffed. Just before they were driven away Bill Henman opened the rear doors and said with mock formality, ‘By the way, nearly forgot. Alan Kaye and David Kaye I am arresting you for the Murder of Ted Moffat.’ He then cautioned them.

  Alan Kaye, barely bothering to register the words, shouted ‘Go Fuck yourself!’

  Kevin Kelly had managed to stem the flow of blood from his nose and he duly called Brian Johnson on the house phone to give him the good news. He was delighted with the progress made so far. Then, having first ascertained that Kevin Kelly required no medical
attention, Brian told him to stay in position until he arrived at the house with the Scenes of Crime officers.

  Kevin Kelly, although a little shaken, was also pleased with the arrests. He wasn’t too bothered by the blow to his nose. He reasoned that he had a large hooter anyway and, if anything, a bit of amateur reshaping might even enhance it. The main thing was that they had got the bastards who had done for poor Ted Moffat.

  Chapter 21 – Forensic Recovery.

  Later in the day all three suspects were interviewed in the presence of a solicitor.

  Derek Bailey maintained his innocence. He said that the Kaye brothers had been staying with him since Friday having turned up at his house completely unexpectedly. They had gone into town on Saturday morning and although they had declared themselves “Skint” they had returned around the middle of the afternoon with a load of booze. They were drinking for the rest of the day during which time Davie had told him about the robbery with the milkman. He said that Alan had used the baseball bat to club him over the head and that Davie was angry with him because he said that it was unnecessary as he had hardly even spoken to the bloke or given him a chance to hand his bag over. As for the fact that Alan Kaye was on the run from prison Bailey admitted that he had been aware of the fact but as he is “Family,” he could not be seen to turn him away.

  David Kaye kept repeating the mantra ‘I haven’t killed anybody.’ And he would say little else. Terry Connor challenged him to talk about the robbery and put his role into perspective or risk going down for the Murder. He would later discuss the situation with his solicitor.

  Alan Kaye would not say anything but “No comment” throughout the interview but the interviewing officers were unperturbed and they asked the pertinent questions so that they could show that they had given him the chance to give his account.

  The Scenes of Crime officers surveyed the house with Brian Johnson who, as Senior Investigating Officer, set the parameters on managing the scene and conducting the Forensic Examination.

  ● The clothing and footwear was separately bagged from all three bedrooms.

  ● Two empty Scotch bottles were found in the bin in the kitchen. These were taken for finger printing.

  ● £134 pounds in notes was found on the chest of drawers in Alan Kaye’s bedroom. These were also preserved for fingerprint treatment.

  ● A set of car keys for the Triumph Stag were found in David Kaye’s bedroom.

  ● A full search of the rest of the house and out-buildings revealed little else of value.

  The Triumph Stag had been present at the scene of the Murder and so forensic evidence to connect the suspects with the victim was more likely to be discovered.

  ● The vehicle was photographed.

  ● The seats, foot-wells, carpet and boot lining were all taped to collect fibres and other debris.

  ● The interior surfaces and exterior were fingerprinted.

  ● A baseball bat was found in the trunk of the vehicle. This was carefully bagged for analysis having been photographed in situ.

  The vehicle was then taken on a low loader to Police Headquarters for storage.

  A second interview of David Kaye was conducted after he had had a further consultation with his solicitor. Following the caution at the start of the interview Kaye continued with the same mantra, ’I didn’t kill anybody.’

  Terry Connor challenged Kaye again. He then went on to tell him that the keys to the Triumph had been found next to his bed and that in the boot of the vehicle officers had found the baseball bat.

  ‘What would a Jury make of that David?’

  David Kaye sat with his head in his hands and sobbed. Terry Connor left Kaye with his solicitor in the interview room for further consultation.

  After about twenty minutes the solicitor called the officers back to the interview room.’ Mr Kaye has something he wishes to say to you.’

  Kaye said, ‘I drove the car on the robbery. I didn’t speak to the milkman and I didn’t hit him.’

  Terry Connor said, ‘Well who did hit him?’

  Kaye said, ‘I’m not going to say any more about that. It wasn’t me, that’s all. ’

  Terry Connor said, ‘Was Derek Bailey with you on the robbery?’

  Kaye said, ‘No. He’s got nothing to do with it. He just let us stay with him for a couple of days.’

  Terry Connor said, ‘Who does the Triumph Stag belong to?’

  Kaye said, ‘I nicked it from outside Lewisham Hospital a few days ago.’

  Terry Connor said, ‘Who hit the milkman, then David?’

  Kaye said, ‘No comment.’

  Terry Connor said, ‘Where is the milkman’s bag?’

  Kaye said, ‘I threw it into some bushes at the side of the road.’

  Terry Connor said, ‘Will you show us where you threw it David?’

  Kaye did not answer. The solicitor then asked to be able to consult with his client again. They were left alone. After five minutes the officers were called back to the interview room.

  ‘I’ll show you where to look for the bag.’ said Kaye.

  Thirty minutes later David Kaye was led in handcuffs to the yard where he was placed into the rear of a vehicle by uniform officers. Terry Connor and Bill Henman followed in the CID car. Also in the convoy was a van driven by a Scenes of Crime officer.

  They took a route out of town along the back road to Colchester and in the general direction of Derek Bailey’s village. After about eight miles the vehicle in which David Kaye was travelling slowed to a halt at the side of the road next to a densely wooded area. Kaye spoke to the detectives through the open window of the Police car and indicated a group of bushes beyond a hedgerow. They entered the area indicated and a short time later Bill Henman shouted, ‘Found it.’

  The Scenes of Crime officer was directed to the spot where at Bill’s direction he photographed the bag in situ before recovering it. This would help prevent any spurious allegations by Alan Kaye of the Police having planted the evidence.

  On searching Ted’s bag later, it was found to contain cheques drawn on various different bank accounts. They were all made out to Unigate Diaries Ltd. This was very powerful evidence. The cheques were photocopied so that witness statements could be obtained from the various customers on whose accounts they were drawn. The original cheques were then submitted for fingerprint treatment and analysis.

  David Kaye was taken back to the Police Station where he was left to reflect on the fact that the Police case was now starting to become overwhelming.

  Chapter 22 – Life Imprisonment.

  Alan Kaye was interviewed for a second time by Terry Connor in the presence of his solicitor. Terry put questions to him about the items that had been seized from the car and from the bag. But he would still only say, ‘No comment.’

  Brian Johnson was frustrated. Results had been good so far but they really did not have enough on which to base a charge against Alan Kaye. They were going to have to hope that forensics would provide the evidence. He did not want to put Becky Moffat through the ordeal of an Identification Parade. But he might have to do so.

  He had a conversation with the Head of CID to discuss the options after which he put a telephone call into the Senior Prison Service Liaison officer at the Home Office.

  As a result, later that day, Alan Kaye was technically released on bail to re-appear at Lee-over-sands Police Station one month hence. But, in reality, he was taken under escort back to Highpoint Prison where he would continue his sentence. Derek Bailey was bailed pending further Police enquiries to return to the Police Station on a different date to that of Alan Kaye.

  David Kaye was charged with Conspiracy to Rob and taken to the Magistrates Court the following morning where he was remanded in custody. He made no application for bail.

  Benny had reported for his shift at 2pm and he was brought up to date by Terry Connor. He was cock a hoop! They both were. But Benny had to keep this to himself. It was not in his nature to boast about his achievements b
ut to do so would invite questions about his role and speculation about the source of his information. Brian Johnson, Terry Connor and Mr Short all knew the truth and he was highly regarded for it.

  Forensic Results

  Over the next two weeks reports began to arrive on Brian Johnson’s desk providing the results of the various forensic submissions. Chief among these was a finger print of Alan Kaye on the shaft of the baseball bat and a very small speck of Ted Moffat’s blood on its tip. Two of the Bank of England notes found in Alan Kaye’s bedroom yielded Ted Moffat’s fingerprints. One of the cheques found in the satchel held a fingerprint of Alan Kaye. It was “Game set and match” as far as Alan Kaye was concerned.

  The Police were duty bound to put the findings to Alan Kaye to give him an opportunity to provide an explanation so he was brought back to Lee-over-Sands for a further interview. Terry Connor was meticulous in his interview preparation and calm in his delivery of the questions. Unfortunately this had no bearing on Alan Kaye’s attitude. He was on a hiding to nothing. So he said precisely that. But in spite of his silence he was charged.

  Several months later after a ten day trial at the Central Criminal Court (Old Bailey) Alan Kaye was found guilty of Conspiracy to rob and the Murder of Ted Moffat.

  He was sentenced to Life imprisonment and he later found himself incarcerated on the Isle of Wight.

  David Kaye pleaded guilty to Conspiracy to Rob and he was sentenced to eight years imprisonment. Derek Bailey had, in the interim, been released without charge.

  Brenda and Becky Moffat were left alone and had to get on with their lives. One day at a time.

  Chapter 23 – Black dog.

  Benny was into his fourth year of service. He enjoyed the job but the shift pattern was seriously interfering with his social life. Benny was energetic. He was good with people and he had an innate ability to cultivate contacts and gather intelligence. He would also listen carefully to his older colleagues and their “War stories” and he made it his business to absorb their experiences and to learn about the criminals in the area.