Polite and courteous, he’s had an exemplary record ever since he arrived in the prison
REVEALED: Governor’s report on ex-polo playing soldier who has served 35 years for a murder he insists he did not commit
A MAN locked up for a murder that may never even have happened was described by his prison governor as a model inmate who posed little threat to the public.
A newly unearthed jail report into ‘burking’ killer Clive Freeman – who has now served 35 years for a murder which a string of top forensic experts suggest may not even have happened – says the father of three ‘ demonstrated a significant reduction in his presented risk to the public through his compliant and exemplary prison conduct and behaviour’.
Yet the cancer- stricken prisoner, 80, remains behind bars two decades later because of his refusal to admit taking the life of Scots-born former plumber Alexander Hardie. Freeman was initially given a minimum jail term of 13 years and could have been released more than 20 years ago if he had confessed.
The leaked 2004 prison report, written by Mark Taylor, ‘Lifer Governor’ at HMP Swaleside in Kent, deepens the controversy surrounding the case which is being probed by the Criminal Cases Review Commission (CCRC) for a fifth time.
Ex polo-playing landowner Freeman was convicted in 1989 of murdering Mr Hardie in what prosecutors said was part of a planned £300,000 insurance swindle.
According to prosecution pathologist Dr Richard Shepherd, he used so-called ‘ burking’, a suffocation technique adopted by body snatchers Burke and Hare in Edinburgh in 1828, to kill Mr Hardie in south London in 1988.
But as revealed by this newspaper, eight esteemed pathologists and forensic experts have debunked the theory that the method was used to take the life of sometime vagrant Mr Hardie, 49.
Some suggest he may have died of natural causes, while a key prosecution witness has retracted his statement.
In his 2004 report, Mr Taylor wrote: ‘I have known Mr Freeman since his arrival at Swaleside in December 1998.
‘During this time, I have always found him to be polite and courteous in his dealings with staff. He is a man who prefers to keep his own company on the wing.
‘He has an exemplary custodial behaviour record during his time at Swaleside. His last demeanour against prison discipline took place in July 1993.
‘Mr Freeman is conscientious and attends his place of work on a daily basis without prompt.
‘He is currently employed in a privately funded workshop. His supervisor is a member of the public and not prison staff. This is considered to be a position of trust within the prison.’
He went on: ‘In relation to his life sentence plan Mr Freeman has always refused to take part in offending behaviour work due to his denial of the index offence [murder].
‘However, he has demonstrated a significant reduction in his presented risk to the public through his compliant and exemplary prison conduct and behaviour.
‘ Mr Freeman is now tariff expired and should be seeking his release from prison via the Parole Board. He has, however, chosen not to pursue this because he wishes to be released as a free man through the Court of Appeal.’
The leaked documents raise troubling questions about the Parole Board’s handling of the Freeman case.
An ex-High Court judge, who asked not to be named, told the Mail: ‘The defendant’s remarkable stance in failing to gain a release from custody raises an important point in the administration of justice.’
Following a string of revelations by this newspaper over the last month, the CCRC is coming under mounting pressure to refer the case to the Court of Appeal.
The Parole Board confirmed it is reviewing Freeman’s case and ‘what risk he could represent to the public if released and whether that risk is manageable in the community,’ a spokesman said.
Retired police superintendent Tony Thompson, who is spearheading Freeman’s freedom bid, said: ‘The comments from the Parole Board fail to take account of prisoners who do not accept their guilt because they are claiming they are innocent – like Clive Freeman. I’m confident he is not alone.
‘As we know, the only option for a prisoner is to go along the CCRC route and that is very slow and inadequate for several reasons. So any changes must look at the CCRC and how the Parole Board assess the risk posed by a prisoner who will not change their stance as to guilt.’
The CCRC has been widely criticised after the recent scandal involving Andrew Malkinson who was wrongly convicted and jailed for 17 years for rape.
In the Malkinson case, as in the Freeman one, the CCRC refused to refer it to the Court of Appeal because, it said, it failed the ‘real possibility’ test.
This is defined as the ‘real possibility’ judges will rule that a conviction should be quashed.
Dr Shepherd has not responded to requests for comment from the Mail.
I stared deep into the convicted murderer’s eyes and asked him: Did you do it? From the Mail, March 27