“Game on!” They all gathered around as the Champion made a start on his pint, and to the dismay of the civvies, the contents slipped down his gullet rather too easily. Just as he was about to take the last mouthful, the civvies, seeing that their money was also fast disappearing, ran off taking the £40 stake money with them having grabbed it from Brian’s open palm. Unfortunately they left him behind. Nobody had told poor old Brian what was to happen as it was a spur of the moment decision. But Brian was slow witted at the best of times and as a bit of a “Lard Arse” he probably would not have managed to keep up and get away with the others anyway.
The squaddies were furious at this dishonourable behaviour but as pragmatists they decided not to give chase. They decided that they would take it out on Brian and that he would have to cough up the money. Brian pleaded that he was skint and a search of his pockets proved that to be the case. So they decided to keep him as a hostage. Two of the squaddies forced his arms up his back and they frog marched him to their car, which was parked nearby. He was bundled into the back of the vehicle with a squaddie sitting on either side of him. Brian was then driven to a quiet spot on the Firing Ranges where they stripped him and tortured him by sticking things up his anus. This continued until he told them the address of the lad who had grabbed the money.
The group then drove to the given address and with Brian still held captive outside in the car one of the squaddies got out and rang the front door bell. It was around midnight and an angry lady of the house answered the front door having been woken from her bed. Her son was not at home. They were not to be denied satisfaction and so Brian was taken on a long drive during which he was subjected to further humiliation.
They wanted their money and he was continually questioned about the others, how did he know them, where do they live? How would he pay them back the money they were owed? Brian couldn’t answer any of these questions to their satisfaction so they eventually stopped at the side of the road where he was taken, still naked, to some heathland nearby. He was subjected to a kicking after which they ordered him to kneel facing away from them. They told him to put his hands behind his head.
Brian thought that this was the classic position for execution, having seen things on the telly, and he feared that he was going to be killed by some horrible method. He was terrified. He did not want to believe that that was going to happen, but he couldn’t be sure. If they were mad enough to stick a torch and some pens up his arse, which was by now bleeding, they were likely to be capable of anything.
Brian waited for the execution to happen and comforted himself with the thought that if it was carried out quickly he might not feel it. He was totally alone and helpless but after what seemed like several minutes he heard an engine start up and a car pull away.
Brian waited for a few more minutes and then he summoned up the courage to look behind him. He could not see anybody standing there but there was no light and he could barely see his hand in front of his face anyway. He was totally disorientated. He struggled to his feet and staggered towards the road trying to pick his way through the shrubbery, falling into some gorse bushes on the way. He was naked, scratched and bleeding. He was in shock and greatly distressed. All he wanted to do was to get home but it was 12 miles away and he needed help.
He managed to find his way out to the main road which was an unlit dual carriageway and there were no buildings or telephone kiosks in sight. He tried on several occasions to flag down passing cars but none of them would stop for a naked man and, frankly, who could blame them?
Brian marched on. He was feeling rather sorry for himself but after a while this sorrow gave way to anger. He would get the bastards! He had had the presence of mind to take a mental note of the Registration of the blue Ford Escort that they were driving. He chanted the number to himself over and over, as he walked, like some kind of mantra. Yes he would get them alright, the dirty bastards!
Then, strangely, he felt the anger turn to defiant pride and he began to march, repeating the car number over and over. He had been humiliated enough. He didn’t care anymore whether people stopped for him or saw him naked, he was on a mission.
Brian carried on marching. It was cold but from somewhere within himself he managed to gather strength. He then debriefed himself.
What else did they say? One was called Spike. Their Battalion had just come back from Northern Ireland and was billeted in Hyderabad Barracks. They had been drinking in the Bull which was just a few doors down from the Fish shop. He could describe a couple of them. Yes, he had enough information to get even with them alright!
After Brian had marched about a mile further along the road a pair of headlights appeared behind him. They slowed as the vehicle approached, and he saw that it was a Police car which stopped just behind him. He was caught in the head lights like some kind of male stripper. He was relieved but also a bit apprehensive that they might take him for a mental patient on the loose from the nearby Severalls hospital. A Police officer left the vehicle and approached him.
‘Are you alright young man? We have just had a call about you.’
‘No, I’m not. I’ve been Kidnapped and beaten up by a group of squaddies. They dumped me up the road.’
The officers wrapped Brian in a uniform raincoat and put him into the back of the car. He wasn’t drunk and he was clearly suffering some kind of trauma and so they decided that he ought to be examined by a Doctor. They drove him immediately to the Colchester Casualty unit.
Initially they reserved their judgement but as the journey went on and Brian related the events to the officers they became more and more convinced that his account was genuine. It had been a long evening for Brian. In fact it was now around 3am.
The Casualty team gave Brian a thorough examination and they concluded that he was suffering from shock. There was also significant trauma caused to his anus which, according to the medical record, was badly split as a result of ‘the introduction of foreign bodies,’ and had required suturing.
The officers ensured that the “On Call” Detective Sergeant was notified by telephone (in this instance Terry Connor) and he attended the hospital, but by the time of his arrival Brian had been taken to a ward and he was asleep. Therefore, all that Terry was able to do was take a witness statement from the Casualty Doctor with regard to Brian’s injuries. He returned to the Police Station around 6am where he started to call various CID officers on duty.
Benny arrived around 7am. As luck would have it, he had been sleeping at home and for once he had not spent the night with Felicity. He was joined by Brian Wells and Viv Woodward and after a brew they were briefed by Terry on the facts of the case as far as he understood them.
The offences alleged by Brian Hayes amounted to quite a list: Abduction, Assault with intent to Rob, Indecent Assault/ Gross Indecency. Terry Connor had already spoken to the Detective Superintendent who had stated firmly that, although the alleged offenders were Military personnel, the offences were of such a serious nature that they should be dealt with by the Civil Power (Police) and not by the Military.
Benny was pleased when he heard that this would be the Policy as in his experience, sometimes, the “Pride of the Regiment” would hamper Police enquiries and full cooperation was not always forthcoming at Regimental level. They would then have to involve the Military Police to “Bang heads together.” Not only that, he didn’t want some jumped up Rupert dictating to him as he’d had enough of those pompous prats to last him a lifetime.
Terry Connor set out the urgent actions and at the head of the list was the need to obtain the definitive account of events from Brian Hayes. He would interview him with Benny. Other enquiries needed to be carried out after Brian’s statement had been taken and when the details of the allegation were in sharper perspective. These were allocated to Benny’s colleagues:
● Enquiries were to be carried out with the owners of the fish and chip shop to see whether the staff had seen the two groups engaging and could provide any names.
● A search was to be carried out by the Force Support Group of the dual carriageway in an attempt to find Brian’s clothing.
● The site where Brian was taken from the car and dumped was to be identified and considered for forensic examination.
● With the aid of the Military Police, all Barracks and the nearby Married Quarters were to be searched for the offender’s Ford Escort. The index number of the car, as given to the patrol officers, was checked on the system. It related to the correct type of vehicle but it was registered to a Stuart Rattigan at an address in North London. Once it was found the vehicle was to be recovered and forensically examined with a view to associating it with any suspects and also with Brian Hayes.
● With the aid of the Military Police the name of Stuart Rattigan was to be searched on the Garrison records.
Terry and Benny made their first port of call the Colchester District General Hospital where around 10.30am they found Brian Hayes sitting up in bed eating his cornflakes. After receiving permission to interview him from the ward sister, and having made the introductions, Terry asked Brian how he was feeling.
‘I’ve been better.’ Brian paused to collect his thoughts and feelings, ‘Well, pretty embarrassed really.’
‘From what we have been told by our colleagues, Brian, you were submitted to a serious assault. What we need from you now is an account of what happened in your own words. That would be in the form of a written statement. Do you feel up to that?’
‘I don’t feel up to writing at the moment. I’m not very good at writing,’ said Brian.
‘No I’ll write it and you dictate it,’ explained Benny.
Brian then explained the sequence of events in detail. Terry and Benny just let him speak interrupting him only to clarify details. Benny got the distinct impression that by relating his experience to them Brian was relieving himself of a whole range of emotions. He would break down when he reached the key points of his account. He was embarrassed by what the squaddies had done to him sexually and he was desperately afraid that if the matter got to court it would be picked up by the Press and he would be labelled a “queer.” Terry attempted to set his mind at ease by explaining that the problem would not arise as the Trial Judge would make an Order to prevent the Media from reporting the details of the case.
Terry and Benny took great care in the way that they elicited the details of Brian’s experience, pausing occasionally to allow him to rest and gather himself.
One area in which Brian was reluctant to assist was in the identification of the other civilians who had been with him on the night. Terry and Benny took some time to convince him that to withhold the details would undermine his credibility as a witness and there would be a danger that the squaddies would get away with what they had put him through. After much persuasion Brian gave what detail he could but this amounted, with one exception, to mainly Christian names.
On their return to the Police Station Terry was informed of the fact that the Military Police had found the suspect vehicle in a car park next to one of the blocks in Hyderabad Barracks, furthermore that the registered keeper was a lance corporal Stuart Rattigan of an Infantry Battalion stationed on camp. Terry and Benny made their way to the garrison to request the detention of the suspect and his vehicle and they also arranged for a search to be carried out of his bed space so that his clothing could be secured. This was conducted very swiftly and by 4pm that afternoon Rattigan, his clothing and his Ford Escort were all locked away at the Police Station.
Rattigan, as was his right, requested a consultation with the Duty Solicitor and it was proposed at one point to deny him access until others could be arrested but, since the investigation team were likely to have to rely upon Rattigan to name the others, there was nothing to be gained by denying him access. In the event, after about two hours of Rattigan being in custody, an oily little tic of a solicitor called Desmond Freemantle presented himself at the front counter. This man was a very devious character with whom Terry had had many a battle.
While Mr Freemantle was taking instructions from his client Benny examined the car with his colleagues from the Scenes of Crime Department. He requested that they dust the interior and exterior of the vehicle for finger prints and tape the seats for fibres and other debris. There was also the matter of a torch and pen to be recovered. Items that had been inserted into Brian’s anus.
As far as the fingerprint examination was concerned, apart from comparing any marks lifted from the vehicle with those of the victim, Terry was prepared to have each member of Rattigan’s Battalion, who had booked off camp at the Guardroom the previous day, fingerprinted and checked. Apart from being a logical step for the investigators to take it was also tactical. It would be likely to make Rattigan deeply unpopular with his peers and any resultant fallout might assist the investigation.
After an hour of consultation Mr Freemantle indicated to the Station Sergeant that his client was ready for interview and he was therefore taken to an interview room by Terry and Benny.
After introductions Terry cautioned Stuart Rattigan and he began. Benny took the notes.
‘You were arrested earlier on suspicion of Abduction and Assault with intent to Rob. The offences are alleged to have happened last evening. What can you tell me about that?’
‘No comment,’ said Rattigan. Mr Freemantle then chipped in, ‘I have advised my client to make no comment.’
‘That may be the case Mr Freemantle but that does not prevent me from asking your client the necessary questions about what amounts to a set of very serious allegations,’ said Terry.
‘Are you stationed in Hyderabad Barracks?’
‘No comment.’
‘Do you own a blue Ford Escort motor car registration CSB 355 J?’
‘No comment.’
‘Who lives at 72 Clive Lane, Crouch End, London?’ a voters register check carried out earlier with the Metropolitan Police had shown the address to be occupied by a Mr Albert and Mrs Lily Rattigan. ‘No comment.’
‘The voters register shows that the people at that address are Albert and Lily Rattigan. Are they your parents?’
‘No comment.’
‘That vehicle was booked out at the Guardroom of Hyderabad Barracks under your name early last evening. Were you using the car last night?’
‘No comment.’
‘The man who was assaulted is a civilian who says that he has never met his attackers before. We will get your car fingerprinted. What would you say to us if we find that his fingerprints are in or on the vehicle?’
‘No comment.’
‘Did you go to the Fish and chip shop in Crouch Street, last night?’
‘No comment.’
‘Did you talk to a group of civvies outside the Fish and chip shop?’
‘No comment.’
‘Will you tell us who you were with last evening?’
‘No comment.’
‘Are you prepared to go on an Identification Parade?’
Rattigan then looked towards his solicitor and shrugged his shoulders. Mr Freemantle then said ‘I will need to consult with my client on that point if we can have a break now please.’ The interview was concluded and Rattigan was taken with his solicitor to the cell block.
After a further hour and following a message from Mr Freemantle, which was passed through the gaoler, Benny saw him with his client in the cells where he confirmed that he would stand on an ID Parade. The time being 10.15pm Rattigan was bedded down for the night.
The next morning Terry liaised with the RSM Military Police with regard to the formation of the ID Parade. It was considered prudent to construct a Parade using other young soldiers of similar age and appearance, rather than civilians, particularly given the fact that the Regimental barber had recently given Rattigan his money’s worth.
Around 3pm later in the day the Parade was held in the clubroom at the Police Station. The assembled participants were all wearing civilian clothes and they had all been drawn from other
Regiments on the Garrison. The Uniform Inspector in charge of the conduct of the Parade, having satisfied himself that all was as it should be, called for Brian Hayes to be brought into the room.
After relating a brief summary of the allegation, the Inspector asked Brian to walk along the line and to examine each member of the Parade in turn. If he could identify anyone present who was responsible for abducting him he was to walk up to the man and touch him on the shoulder. Brian was very apprehensive and he was sweating profusely.
However, Brian, in determined fashion, walked slowly along the line up regarding each member of the parade carefully and as he reached Rattigan, who was at position number 5, he stopped and looked him in the eye. Rattigan did his best not to blink.
Brian then walked along to the end of the line viewing the remaining members. After a few seconds he returned to Rattigan and Brian placed his hand on his shoulder. The Inspector thanked Brian and Benny took him from the room to an interview room where he would take a witness statement from him.
Once in the interview room Brian broke down and wept. This seemed to release the stress of the ordeal that he had just undergone. After he calmed down and composed himself Brian said, ‘Did I do OK Benny? That was one of them wasn’t it?’
Benny explained that, unfortunately, for legal reasons, he was not permitted to confirm or deny anything with the regard to the outcome of the ID Parade and that he just had to take down Brian’s thoughts on the matter.
Case law held that to confirm a successful identification for the witness was prejudicial to the accused as it would strengthen the resolve of the witness when giving evidence in any later trial.
Brian provided a witness statement making the assertion that he was sure that the man on the Parade had been the driver of the Ford Escort and that he was, to some extent, the ringleader. Furthermore that it was he who had told the others to use the torch on him and later he was the one who had ordered Brian to kneel at the side of the road. Benny was delighted that Brian had had the courage to see the ID Parade through and, of course, he was delighted with the outcome.
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