15/03/2017 Victoria Derbyshire


15/03/2017

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I'm Victoria Derbyshire, welcome to the programme.

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This morning, why was a vulnerable 15-year-old girl removed

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from her safe and loving foster family without any warning or even

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We'll speak to the couple who had cared for the girl they brought up

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After six years, they've finally been given an apology

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After six years. We'll talk to them shortly.

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Also on the programme, living in their trucks and claims

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The truck drivers transporting your Ikea goods.

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Look at the conditions. In many places there is no parking. There is

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no toilet. No running water. This is not a good life. It is a

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catastrophe. We'll bring you the full

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exclusive story shortly. And the Royal Marine who shot dead

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an injured Taliban fighter in Afghanistan will learn the result

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of an appeal against his murder Throughout the morning we'll bring

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you the latest breaking news The latest unemployment figures

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are due out in the next half hour. We'll also bring you the outcome

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of some interesting court cases. A little later a mother of five

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who was left out of her own mother's will will find out whether she's

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entitled to any of the 6 figure sum her mother left

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to three animal charities. It is a lengthy legal case which has

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gone on for years now. Do get in touch on all the stories

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we're talking about this morning - use #Victoria Live and if you text,

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you will be charged Our top story today,

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an investigation by this programme and Radio 4's Today programme has

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found that lorry drivers moving goods in Western Europe for Ikea

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and other retailers are living out The truckers, who are employed

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by haulage firms based in Eastern Europe, say they can't

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afford to live in the countries where they're actually

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working and driving, What have you found Zoe? Well, it is

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extraordinary. We spent four months on the road in Germany, Denmark and

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Sweden and in the Netherlands and we went to truck stops and we met

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drivers and they're being minibused into Western Europe to work for

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months on end moving goods for a number of companies including IKEA

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and they're minibused back again. They are spending months on the road

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at a time, they are washing, sleeping and eating in their cabs.

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One of the most extraordinary scenes was outside the IKEA warehouse in

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Dortmund, the biggest in the world, we found truck drivers cooking and

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butchering chickens and cooking omelettes and hanging out their

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washing. It was like a campsite. It was an extraordinary thing to watch.

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Why are they living like this? We met people on 150 euros a month

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salary and Romanians on 250. They get expenses between 30 to 50 euros,

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around ?40 a day which sounds like a lot, but actually, out of that, they

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have got to pay for hotels and meals and if you're living in a really

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expensive country like Denmark or Germany that doesn't go very far and

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if you are on a wage of let's say ?100 a week, well then you're going

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to use the expenses to top it up. So that's why some of them are talking

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about feeling imprisoned in their cabs. What does IKEA say? They say

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they take our report seriously and they say that they're piloting an

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investigation into their subcontracting chain. We are talking

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about big hauliers who are subcontracting this out to companies

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in Eastern Europe and so IKEA are taking very seriously what we're

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saying. You can see Zoe's film after 9.30am.

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Joanna is in the BBC Newsroom with a summary

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A rare glimpse into President Trump's private

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finances has emerged with the leak of his

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He refused to make the documents public

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during his election campaign and was accused by Hillary Clinton

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But the US TV network MSNBC has now published two

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Presenter Rachel Maddow disclosed the numbers.

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Aside from the numbers being large, these

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He took a big write-down of $103 million.

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If you add up the lines for income, he made more than $150

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The people of the Netherlands are voting in the first of three

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crucial elections in Europe this year which are being viewed

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as important tests of the popularity of nationalist parties.

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The anti-Islam, anti-EU, far-right leader Geert Wilder's

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party performed best in polls leading up to the vote, but his

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The Dutch Prime Minister, Mark Rutter, has said the election

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is an opportunity for voters to "beat the wrong

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A Conservative MP has been questioned for six hours by police,

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about the expenses he claimed during his general

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Craig MacKinlay beat the former Ukip leader, Nigel Farage,

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He submitted expenses for ?15,000 which is just under the legal limit.

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With us now is our political correspondent Iain Watson.

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Craig McKinlay beat Nigel Farage narrowly. It was a major target seat

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of the his election expenses are beneath the legal limit, but this is

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significant because if there were any evidence of wrongdoing and I say

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if, then MPs can be disqualified and elections re-run and Nigel Farage

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has indicated that he'd be willing to restand again in Kent. So we may

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well see his return if this investigation was to conclude in a

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way that wasn't favourable to Craig McKinlay. He denied any wrongdoing,

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this is significant because, of course, Theresa May has a narrow

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Parliamentary majority and there are 17 separate investigations going on

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into election expenses around the country and in a separate

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development, the Lincoln MP, Karl McCartney has been complaining about

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the attitude of Conservative Party staff at head office. He suggested

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he and his colleagues have been cast adrift during these investigations

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and people at central office have been covering their own backs. So, I

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think, that level of frustration shows how concerned some MPs and

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indeed the police questioning someone under caution shows how

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seriously they're taking the investigations, but no one has

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charged and the investigations are continuing. Thank you, Iain.

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A major appeal has been launched to help sixteen million people

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facing starvation in what's being described as "the worst famine

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The Disasters Emergency Committee, which is made up of

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13 UK aid agencies, says drought and conflict

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are to blame for the crisis which has left tens of thousands

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of children at risk of starving to death.

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The United Nations says the crisis in the four

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affected countries - Nigeria, South Sudan,

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Somalia and Yemen - is the worst since the Second World

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Our Diplomatic Correspondent James Landale has more.

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The Disasters Emergency Committee says drought and conflict has left

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millions in East Africa in immediate need of food, water

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Across South Sudan, Somalia, Kenya and Ethiopia, it says

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16 million people don't know when they are next going to eat.

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More than 800,000 children are severely malnourished,

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The 13 aid agencies that make up the Disasters Emergency Committee

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are already on the ground, delivering clean drinking water

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But they are now appealing to the public for funds,

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so they can do even more to help these people.

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The Government has already promised ?200 million in emergency aid

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for South Sudan and Somalia, and the International Development

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Secretary, Priti Patel, said her department would match

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the first ?5 million donated by the public in the new appeal.

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She also urged other countries to follow Britain's lead,

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before the crisis became what she called a stain

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The world, she said, cannot afford to wait.

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Police in Goa in India say they've found the body of a female

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The body of the victim, believed to be in her late twenties,

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was found in an isolated spot on Tuesday and police

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say they are treating the death as murder.

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Local reports suggest the woman was Irish.

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A Royal Marine who shot and killed an injured Taliban fighter

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in Afghanistan in 2011, will learn the result of an appeal

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Sergeant Alexander Blackman was sentenced to life in prison.

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But new psychiatric evidence has since emerged

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that he was suffering from mental illness at the time of the killing

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A group of men - who were filmed posing for a Mannequin Challenge -

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are being sought in connection with two robberies in Salford.

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The video was found on a phone in a car driven

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It was made shortly after one of the crimes took place.

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Officers said footage of the social media challenge was discovered

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on the mobile in a Ford Focus used to flee the scene

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Australian authorities have warned about the dangers

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of using battery-powered devices on flights after a woman's

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headphones caught fire, leaving her with a blackened

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The woman was dozing on a flight from Beijing to Melbourne

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when she was woken by the sound of an explosion and felt burning.

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It's thought a fault with a lithium-ion battery

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That's a summary of the latest BBC News.

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Do get in touch with us throughout the morning.

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Use #Victoria LIVE and if you text, you will be charged

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Let's get some sport with Tim Hague - and Leicester City fans have

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to wait until friday to see who'll they'll face in the Champions League

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quarter finals after last night's victory.

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Wes Morgan got the first. Leicester lost the first leg in Spain 2-1. The

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victory last night sent them through on aggregate. It was pretty nervy at

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times. They villa have won the Europa League for the last three

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seasons and were a constant threat. Not only hitting the crossbar, but

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missing a penalty too. Kasper Schmeichel saved one. His dad,

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Peter, infamous in the English game, celebrating like he'd saved it!

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Wes Morgan, the captain and scorer last night simply says: "Just wow"

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Andy King wrote "Unbelievable performance from the boys.

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What a night, Leicester city into the last eight of the champions

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league" and Christian Fuchs put "No words needed.

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Gary Johnson is a leicester City fan who's

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a friend of the show having done a video blog during their title

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Gary, how are you feeling? I don't think, all the Leicester fans in the

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stadium last night, around the world, wherever you were watching,

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no one has got a voice left this morning. It was a fantastic evening

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at the King Power stadium. I tell you what, the fairytale continues.

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Did you believe Gary beforehand that Leicester could pull this off to get

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through? This is Leicester City we're talking about! I wouldn't,

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after last season, after the previous years that we've had, we've

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come from League one and we've made our way up and become champions of

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the championship and become Premier League champions, I was never going

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to say that this wouldn't happen. A lot of the media, a lot of the

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public and managers have been on record saying that Leicester City

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are going to get knocked out and here we are and we're in the last

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eight. Gary, I'm loving that flag in the background. Who do you want in

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the next round then Gary? Well, they were talking about this last night

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because we're at a stage where there is big cluns left and of course,

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there was always big clubs in the Champions League, but we're getting

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to it the nitty-gritty. I would like to go to Barcelona to see our team

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play the very best. I have got a suspicion that we may end up at Man

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City. And Champions League win or League title, Gary? The impossible

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question! I tell you, as I say, we never ever dreamt that we would get

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that trophy that's sitting behind me here on the flag, before mind into

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the last eight. Let's just keep focus on the task in hand. We need

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to stay in the League. This is a journey and an adventure that is

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just creating magic at every opportunity. Who knows what would

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happen with Leicester City? Gary Johnson, our Leicester fan, So good

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to see those Doctor Who posters in his bedroom as well!

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Two days until they find out who they will face. Jose Mourinho does

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not enjoy long coach rides apparently! Victoria, we have spoken

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about Jose Mourinho before. He's angry at times, isn't he? Manchester

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United players didn't get back from their FA Cup defeat at Chelsea on

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Monday night until 4am because the plane supposed to be taking them

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home wasn't at Heathrow Airport. Now, Jose Mourinho, annoyed by this,

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this is the Manchester United team arriving at Chelsea on a coach

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incidentally, but Jose Mourinho probably not so much annoyed, the

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fact that the plane wasn't there, but because he wasn't told until the

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team coach was actually approaching Heathrow, it meant united had no

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alternative, but to drive back north which took four-and-a-half hours

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because of motorway road works on the M6. They didn't get back to 64

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hours before the second leg of their Cup tie which is tomorrow night. It

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has been a long week for Jose Mourinho and Manchester United.

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The foster parents of a teenage girl who was dramatically removed

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from their care say she still has "nightmares" about what happened.

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Aimee Gardiner, who has severe learning difficulties,

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had lived with her aunt and uncle for most of her life when at the age

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of 15 she was abruptly taken away without even being allowed

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She was moved to a new family where she says she wasn't looked

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after and had to eat cat biscuits because she was so hungry.

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Aimee then ended up running away from that family.

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Now the watchdog for councils, the Local Government Ombudsman,

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has criticised Essex County Council for the way it handled the case.

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The council now says it's reviewing all its decisions to remove

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children from foster parents in the last 12 months.

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Aimee is now back living with her aunt and uncle,

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Carrie and Chris Stevens, who are here now along

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with Mary and Alan Gardiner, Aimee's grandparents.

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They join us now for their first TV interview.

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Tell us about Aimee and the fact she is like one of your own. She is. She

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has lived with me since she was two. Her cousins are like brothers. She

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calls as mum and dad. She... She was very happy, happy-go-lucky girl.

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This has made her very inward, all the ins and outs that went on with

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her. It has changed her, definitely. Without a doubt she is not as

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confident as he used to be and the smile was not there like she used to

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have. Give us an insight into what happened on the day that she was

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taken away. I received a phone call from our foster link worker's

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manager to say they are removing Aimee in and around a half from the

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school. We had no inkling of what was about to happen or anything, no

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concerns were raised to us and it was frightful. I rang Carrie, she

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had to come home from work. The foster link workers asked us if they

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wanted us to come over -- if we wanted them to come over. What do

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you think? You must have asked by? We did but we have still not been

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given that answer because they came up with so many different and so as

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to that question. -- also is. Emotional abuse, she is scared of

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you, this and that. Not one of them has been proven. To us. The

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ombudsman have looked into it. She did not meet the threshold for her

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removal. Why was the protocol not followed? We will talk about that in

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a moment. Grandparents, Aimee used to come and stay with you every

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other weekend. What was it like when this happened to your family?

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Devastating. We could not understand why. We had no concerns whatsoever

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with the care and we could not understand why they had removed her.

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We asked the questions and one reply was that she was being removed on

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the grounds of emotional abuse and when that was challenged by Chris

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the following day they denied she was being removed on that basis and

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it was her wishes. When I challenged this the following day I was told to

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was being removed because the carers had broken their contract with the

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social services. Every time you ask the question the seemed to change.

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What was it like for you? Nightmare. We did not eat or sleep properly.

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Inkling about all the times when I had her, I was a respite care. She

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used to cook with me. With nanny and granddaughter time, I used to take

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on into town. She cannot judge money. If you give her ?5 she would

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not know how much change she should have back if there's thinking to ?4.

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She did not know the times. I used to go on the bus with her. Because

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of higher learning difficulties? She had the mental capacity of somebody

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a lot younger. I totally understand. When they removed her we had no

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contact. No phone calls, this was sorted out sometime later during a

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stay at the other foster care's home but initially we had no contact, we

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did not know where she was. We could not understand what was going on.

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Presumably your minds are in overdrive thinking what have we

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done? Is it something we have said? Going crazy. Precisely. Our main

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concern was Aimee's welfare. Is she all right? Knowing her she would

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have been crying for us. We could not speak to her. We did not know

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where she was. Aimee is not able to join us but we * she would write

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down how she felt. You are comfortable reading them out. This

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is what Aimee wrote to contribute. When they took me away I did not

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want to stay there. I felt really horrible and hurt when they took me

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away from you guys. I just wanted to come home. When I was home... Are

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you all right? You do not have to carry on. She is back and has been

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with you for some time. It has turned out how you would have

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wanted. My goodness, it has been a long time getting the council to

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acknowledge they made mistakes. You may game complaint about what they

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did. Yes. Asked several questions. We contacted a helpline for foster

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carers who advised me everything to ask them. I ask those questions,

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what meetings were held, and it never got answered. That was six

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years ago. Indeed. You have finally had a report from the local

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government ombudsman which says if it's going to council should not

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have done this, they made a number of mistakes. How did you feel when

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you got that? Relieved. Because we knew we were right from day one. We

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knew. It has just been a battle. It is all we wanted from day one, an

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apology. We would have accepted that. Because we never got that

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apology we had to go through this prolonged complaints process that

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has taken nearly six years and we were obstructed all the way by Essex

:23:31.:23:35.

social services. And Essex local authority. I have a statement from

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the council which I will read in a moment. It is worth talking about

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how Aimee said she was treated in the other foster family. What did

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she tell you about that period of time? Very unhappy there. Used to

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sit in her room most of the time. Writing letters that she would store

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in a box for us asking to come home. Those letters were promised to be

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given to us but never came until she returned back to us. She said at

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night she was so hungry she walked down the stairs into a cupboard and

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eat cat biscuits because she was hungry. Goodness me. It is shocking

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to hear that. Why was she? Why was she hungry? She ran away from there.

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She did. And turned up where? There was a knock at the door and I could

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see the shape and I looked and I thought that is Aimee. I told Gary

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and she did not believe me at first. I opened the door and Aimee said,

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can I come home, dad? How had she got to your place? She was in a

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parkland left alone and she hitched a ride with a male person back to

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our house which in itself... Evil child, a child -- a vulnerable

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child, anything could have happened. We asked Essex County Council

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to come on the programme. In a statement Cllr Dick Madden,

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Essex County Council's Cabinet Member for Adults and Children says

:25:37.:25:39.

"It is clear that mistakes were made We've sent letters of

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apology to the family. I am confident appropriate

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procedures are now being followed We still have not had an apology.

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You have not had a letter? No. Maybe it is in the post. Probably. We do

:26:02.:26:07.

not think that is adequate anyway. We would like a face-to-face

:26:08.:26:14.

apology. We need an explanation. We need face-to-face contact with

:26:15.:26:16.

someone in senior management to explain exactly what was going on.

:26:17.:26:24.

We know for a fact that the correct procedures were not for lost when

:26:25.:26:29.

they removed Aimee and the children's act states quite plainly

:26:30.:26:36.

that before a foster care less and can be terminated that has to be a

:26:37.:26:40.

review of the tile's case which would involve the child, parents,

:26:41.:26:44.

carers, grandparents and extended family. That never took place.

:26:45.:26:53.

Incredible. So many things. As the council acknowledge, not that that

:26:54.:26:57.

is particularly any consolation after six years, so many procedures

:26:58.:27:10.

were not followed. Some messages. LP says social services destroy another

:27:11.:27:16.

child's life. It is absolute incompetence. Someone else's well

:27:17.:27:19.

done to the team for highlighting issues regarding this Council

:27:20.:27:25.

decision. How can Essex council justify taking Aimee away from her

:27:26.:27:28.

family without any explanation? Heads should roll. Do you agree?

:27:29.:27:36.

Absolutely. We have asked why these people have not been disciplined. It

:27:37.:27:40.

is not within the ombudsman's remit to recommend disciplinary action but

:27:41.:27:45.

someone from the council should be looking towards some form of

:27:46.:27:55.

discipline against these people that have gone through and caused all

:27:56.:28:00.

this trauma. You said Aimee is different, more insulin. Does she

:28:01.:28:11.

still have flashbacks -- insular. She has nightmares. Very frequent

:28:12.:28:15.

when she came back. Less frequent now but she's all has them. -- still

:28:16.:28:23.

has them. She is frightened this person will taken away again. It

:28:24.:28:30.

says here, I still worry they are going to take me away again. Roger

:28:31.:28:38.

says that poor family, I am in shock and tears, how can something so

:28:39.:28:42.

cruel happen? Throw the book at the council. I hope Aimee regains her

:28:43.:28:48.

happiness and smile soon. If any other foster family find themselves

:28:49.:28:52.

in a scenario similar to this, what would your advice be? Do not give

:28:53.:28:59.

up. Keep fighting. Immediately contact the Member of Parliament

:29:00.:29:04.

because that way you can ensure to a certain degree that the local

:29:05.:29:06.

authority will be following the correct procedures. You did that. We

:29:07.:29:15.

did. The complaints procedure put in place for such cases is less we

:29:16.:29:22.

tried to follow but we were obstructed virtually every step.

:29:23.:29:29.

Yes. Putting obstacles in our way. Not returning phone calls or emails.

:29:30.:29:34.

Not answering our questions. Still you would say do not give up. No. Do

:29:35.:29:40.

not give up. The ombudsman have been fantastic. They have dealt with that

:29:41.:29:45.

within six months maximum. From the phone call. Bearing in mind we had

:29:46.:29:51.

contacted them once before with the complaint and they were told to go

:29:52.:29:56.

back and do the surgery again, the stage two and three mag again. As

:29:57.:30:01.

part of the complaints process. Thank you. Best wishes to Aimee.

:30:02.:30:12.

An investigation by this programme and Radio 4's

:30:13.:30:16.

Today programme has found that lorry drivers moving goods

:30:17.:30:18.

in Western Europe for Ikea and other retailers are living out

:30:19.:30:21.

We'll bring you that exclusive report shortly.

:30:22.:30:25.

And the appeal against the murder conviction of a Royal Marine

:30:26.:30:28.

who shot an injured Taliban fighter in Afghanistan.

:30:29.:30:31.

We'll bring you that judgement as it happens.

:30:32.:30:42.

Here's Joanna in the BBC Newsroom with a summary of today's news.

:30:43.:30:49.

An investigation by this programme and Radio 4's Today programme has

:30:50.:30:51.

found that lorry drivers moving goods in Western Europe for Ikea

:30:52.:30:54.

and other retailers are living out of their cabs for months at a time.

:30:55.:30:57.

The truckers, who are employed by haulage firms based

:30:58.:31:00.

in Eastern Europe, say they can't afford to live in the countries

:31:01.:31:03.

where they're actually working and driving,

:31:04.:31:04.

Ikea said it was "saddened by the testimonies" of the drivers.

:31:05.:31:10.

We will have the full report after 9.30am.

:31:11.:31:17.

A rare glimpse into President Trump's private finances has

:31:18.:31:19.

emerged with the leak of his 2005 tax return.

:31:20.:31:21.

He refused to make the documents public

:31:22.:31:23.

during his election campaign and was accused by Hillary Clinton

:31:24.:31:25.

But the US TV network MSNBC has now published two pages of the document.

:31:26.:31:39.

The people of the Netherlands are voting in the first of three

:31:40.:31:43.

crucial elections in Europe this year which are being viewed

:31:44.:31:45.

as important tests of the popularity of nationalist parties.

:31:46.:31:50.

The anti-Islam, anti-EU, far-right leader Geert Wilder's

:31:51.:31:52.

party performed best in polls leading up to the vote, but his

:31:53.:31:55.

The Dutch Prime Minister, Mark Rutter, has said the election

:31:56.:32:03.

is an opportunity for voters to "beat the wrong

:32:04.:32:05.

A Conservative MP has been questioned for six hours by police

:32:06.:32:09.

about the money he claimed during his general

:32:10.:32:11.

Craig MacKinlay beat the former Ukip leader Nigel Farage

:32:12.:32:17.

He submitted expenses for ?15,000 which is just under the legal limit.

:32:18.:32:23.

Police in Goa in India say they've found the body of a female

:32:24.:32:27.

The body of the victim, believed to be in her late 20s,

:32:28.:32:35.

was found in an isolated spot on Tuesday and police

:32:36.:32:37.

say they are treating the death as murder.

:32:38.:32:39.

Local reports suggest the woman was Irish.

:32:40.:32:44.

That's a summary of the latest BBC News, more at 10am.

:32:45.:32:49.

The unemployment figures are in. Unemployment fell by 31,000 to 1.58

:32:50.:32:56.

million. That's according to official figures. Unemployment fell

:32:57.:33:02.

by 31,000 to 1.58 million in the three months up to January this year

:33:03.:33:11.

and we've got average earnings. Average increases increased by 2.2%,

:33:12.:33:18.

but that's down by 0.4% on the previous month.

:33:19.:33:21.

Down by 0.4% on the previous month. Here's some sport

:33:22.:33:25.

now with Tim Hague. Leicester City manager

:33:26.:33:29.

Craig Shakespeare says they could be "the surprise team"

:33:30.:33:30.

in the Champions League That's after they beat Sevilla 2-0

:33:31.:33:33.

last night, 3-2 on aggregate. They join the likes of Barcelona,

:33:34.:33:37.

Bayern Munich and Real Madrid It has emerged that

:33:38.:33:40.

Manchester United had to get a coach back north

:33:41.:33:45.

after their defeat to Chelsea in the FA Cup on Monday

:33:46.:33:49.

because their plane didn't Jose Mourinho was not best pleased

:33:50.:33:52.

as he was only told when they were And can Nicky Henderson pick up

:33:53.:33:56.

more winners on day two He became the most successful

:33:57.:34:00.

trainer of the Champion Hurdle This morning a joint investigation

:34:01.:34:06.

by this programme and Radio 4 Today's programme has discovered

:34:07.:34:23.

lorry drivers transporting goods for Ikea and other retailers

:34:24.:34:25.

in Western Europe are camping out in their cabs for months at a time

:34:26.:34:28.

because they can't afford to live The East European drivers

:34:29.:34:32.

are being paid at the levels they would receive in their home

:34:33.:34:35.

countries, yet they are only working in more expensive countries

:34:36.:34:38.

like Germany and Denmark. A judge has described as "inhumane"

:34:39.:34:40.

the practice where companies are able to exploit loopholes

:34:41.:34:43.

in European law. Ikea says it doesn't just

:34:44.:34:45.

care about furniture. It wants to have a positive

:34:46.:34:59.

effect on people. But just how positive do the people

:35:00.:35:01.

transporting Ikea goods feel? We've met truck drivers camping out

:35:02.:35:11.

in their cabs for months at a time. They work for companies paid

:35:12.:35:20.

by Ikea to move their goods It has being called

:35:21.:35:22.

an inhumane state of affairs. In a trailer on the edge

:35:23.:35:26.

of Copenhagen in Denmark, Kristian and Emilian

:35:27.:35:56.

are building their very There's a breakfast

:35:57.:35:58.

bar, a tablecloth, Making their meals from scratch is

:35:59.:36:04.

how they save money, and stay warm. So, this is very clever,

:36:05.:36:16.

the way that you've assembled Is this how you want

:36:17.:36:28.

to have your breakfast? I don't want to live like this,

:36:29.:36:32.

but this is the condition. You can't afford to go

:36:33.:36:38.

to a cafe, or a canteen? No, today we are lucky

:36:39.:36:40.

because it's the weekend. Yes, we have a table,

:36:41.:36:53.

which is very good. It's empty, but in the middle

:36:54.:36:56.

of the week, we sleep and we make our food on the side

:36:57.:36:59.

of the road. We don't have nothing

:37:00.:37:03.

like a human person. Do you think that Ikea know

:37:04.:37:09.

that this is how you live? Emilian is wearing

:37:10.:37:11.

the uniform of Bring, He's moving goods for Ikea,

:37:12.:37:27.

but Bring Norway does not employ His actual employer

:37:28.:37:39.

is a Slovakian subsidiary, A Danish driver can expect to go

:37:40.:37:42.

home every couple of weeks, but Emilian spends up to four months

:37:43.:37:48.

on the road, sleeping, This is my language,

:37:49.:37:51.

this is my Romanian flag, EU law states that drivers must take

:37:52.:38:03.

45 hours weekly rest away from their cabs,

:38:04.:38:10.

although governments have Emilian says that he cannot afford

:38:11.:38:12.

to sleep anywhere else. He gets a 45 euros or ?40 a day

:38:13.:38:22.

in expenses, which is meant to cover Bring says Emiliano is responsible

:38:23.:38:26.

for taking his rest breaks, and the company says he can go home

:38:27.:38:30.

whenever he likes. What is it like to be

:38:31.:38:33.

in the cab all the time? It's not good for drivers,

:38:34.:38:36.

and it's not good or safe for other Emilian has just driven Ikea stock

:38:37.:38:51.

from Denmark into Sweden. He only ever works

:38:52.:39:16.

in Western Europe. Sometimes it might be

:39:17.:39:18.

Germany or Norway. Yet he is being paid

:39:19.:39:24.

as if he was driving in Slovakia, Emilian shot this mobile

:39:25.:39:27.

phone footage last month. This minibus took him

:39:28.:39:31.

from Slovakia to Denmark, After a few months on the road,

:39:32.:39:33.

he will be minibused back European Union rules state that

:39:34.:39:44.

a driver posted temporarily away from home should be guaranteed

:39:45.:39:49.

the host nation's minimum rates But, it seems that companies

:39:50.:39:51.

are exploiting loopholes in the law. A Danish driver can expect

:39:52.:39:57.

to take home 2,200 euros, Emilian is being paid

:39:58.:40:01.

as if his place of work is Slovakia. He's been taking home an average

:40:02.:40:08.

monthly salary of 477 Bring says that when it

:40:09.:40:10.

comes to pay, it follows We've seen the contracts of drivers

:40:11.:40:25.

working for some of Ikea's Each paid lower east European wages,

:40:26.:40:34.

whilst working for months It's clear, this way of treating

:40:35.:40:37.

drivers is widespread. Not just within the Ikea supply

:40:38.:40:47.

chain, but in those of several This is how they spend the day

:40:48.:40:49.

of rest, in Dortmund, Germany. It's a truck parked turned

:40:50.:41:02.

campsite, right outside of the biggest Ikea distribution

:41:03.:41:22.

centre in the world. They're almost all

:41:23.:41:26.

from Eastern Europe. There are Lithuanians

:41:27.:41:31.

and their luggage, waiting for a minibus to take them home

:41:32.:41:35.

after months on the road. There are Moldovans

:41:36.:41:38.

who told us off camera that their salary is 150 euros,

:41:39.:41:40.

or ?130, a month. And there is this Bulgarian driver

:41:41.:41:48.

who is really fed up. And, not just because he has to make

:41:49.:41:51.

his mash on top of a fuel tank... There is no toilet,

:41:52.:41:56.

no running water. We live like primitive people,

:41:57.:42:19.

but at least this is work. The salary of 250 euros,

:42:20.:42:22.

or ?215, a month. He's fully aware of what

:42:23.:42:35.

he could be getting. Here in Germany, the minimum wage

:42:36.:42:38.

is 8 euros 50 cents, That would work out

:42:39.:42:40.

at ?1,200 a month salary. To create a better everyday life

:42:41.:42:48.

for the many people, Ikea has never been shy

:42:49.:42:59.

about talking about its values. We send as many containers

:43:00.:43:04.

as possible directly The way we work with our suppliers,

:43:05.:43:06.

I think is one part We have a very, very

:43:07.:43:11.

close corporation with Ikea says it expects their suppliers

:43:12.:43:15.

to follow a code of conduct, Suppliers must comply with the most

:43:16.:43:21.

demanding demanding requirements, By systematically applying IWAY,

:43:22.:43:24.

and supporting Ikea suppliers, Ikea has been able to initiate

:43:25.:43:33.

thousands of improvements in social But when it comes to

:43:34.:43:36.

who transports their goods, trade unions accuse Ikea of failing

:43:37.:43:40.

to audit their supply Legal action is now being taken

:43:41.:43:43.

against Ikea's contractors. In the Netherlands last month,

:43:44.:43:47.

a court ruled that Brinkman, who deliver Ikea flowers

:43:48.:43:52.

to the UK and Scandinavia, The court found that drivers

:43:53.:43:54.

pay was not consistent The judge said it was an inhumane

:43:55.:43:58.

state of affairs, that drivers were camping in their cabs and not

:43:59.:44:05.

taking their weekly rest breaks, Ikea has been made aware

:44:06.:44:08.

of trade union concerns. The International transport

:44:09.:44:14.

Federation, the ITF, met with Ikea several times last

:44:15.:44:19.

year to discuss the issue. Your trade union says that laws

:44:20.:44:25.

are being broken right European driver resting time

:44:26.:44:29.

legislation, methods We even see fake companies,

:44:30.:44:35.

falsifying documents. There's a whole list of breaches,

:44:36.:44:42.

and it happens like this. But Ikea would say this is many

:44:43.:44:50.

different layers of companies Yeah, but these guys, the Moldovan,

:44:51.:44:53.

Ukraine, Polish guys, So actually, there is

:44:54.:45:03.

a direct connection? Yes, Ikea is the economic employer

:45:04.:45:14.

of all of these workers. Ikea have to change their business

:45:15.:45:16.

model with an eyeblink. In Immingham, Lincolnshire,

:45:17.:45:23.

East European drivers There is so much cleaning going

:45:24.:45:24.

on they look positively house-proud. This truck park reveals how

:45:25.:45:35.

the industry here is changing. Increasing numbers of foreign

:45:36.:45:38.

haulage companies are They are working for hundreds of

:45:39.:45:39.

different companies, including IKEA. We spoke to a Polish

:45:40.:45:47.

driver working for a Dutch company moving IKEA goods,

:45:48.:45:50.

who wanted to stay anonymous. TRANSLATION: We spend a lot

:45:51.:45:58.

of time living in lay-bys, where there are no toilets,

:45:59.:46:03.

no showers, no facilities. The British road haulage

:46:04.:46:06.

industry is nervous. They are worried they will be

:46:07.:46:16.

undercut by companies that We are seeing far more foreign

:46:17.:46:19.

lorries that are frankly less compliant with drivers' hours

:46:20.:46:28.

and roadworthiness regulations. We believe they are driving

:46:29.:46:30.

a coach and horses There is a road safety risk

:46:31.:46:36.

and the Treasury is losing a fortune in tax revenue from employment taxes

:46:37.:46:41.

and from general business tax. Big, well known, UK retailers

:46:42.:46:44.

and other companies are making increasing use of these firms that

:46:45.:46:54.

don't cost very much In a statement, IKEA said

:46:55.:46:56.

"We take the reports by the BBC very seriously,

:46:57.:47:00.

and recognise the fact that there is a discrepancy

:47:01.:47:02.

between these reports and what we find in

:47:03.:47:04.

our auditing process. We are saddened by the testimonies

:47:05.:47:09.

and sympathise with the drivers. We put strict demands on suppliers

:47:10.:47:13.

when it comes to wages, working conditions,

:47:14.:47:16.

and following applicable We follow up and make regular audits

:47:17.:47:17.

to check compliance. We are currently running

:47:18.:47:24.

a pilot to investigate the subcontracting chain,

:47:25.:47:27.

to reduce the risk of breaches and social conditions

:47:28.:47:34.

within the chain, such as noncompliance with minimum wages,

:47:35.:47:36.

working and rest times, They say they want to have

:47:37.:47:38.

a positive affect on their workers? This company is not having

:47:39.:47:48.

a positive effect on you? What would you like to say

:47:49.:47:59.

to the boss of IKEA? I want to say come and work one week

:48:00.:48:08.

with me in the same conditions. Because, with this situation,

:48:09.:48:12.

they can see what has happened in reality,

:48:13.:48:18.

with our lives. And it says he has to sleep in his

:48:19.:48:42.

cab, they are not forced to hand they have the choice to take the

:48:43.:48:46.

job. Graham says HGV drivers living in trucks is widespread across

:48:47.:48:52.

Europe and the UK. Someone else says IKEA should be ashamed of

:48:53.:48:56.

themselves, another good investigation. David says, I was a

:48:57.:49:04.

tramper for years. I lived out of my cab for weeks on end. That is what

:49:05.:49:12.

sleeper cabs were for. Stop this sensationalism turned out by this

:49:13.:49:17.

sordid little programme. Do not laugh! Someone else is the sort of

:49:18.:49:24.

horror story will continue until bosses are prohibited from abusing

:49:25.:49:27.

workers from poorer countries. Backdated wages as a fine mate was

:49:28.:49:33.

somewhere to making bosses think twice before abusing the poll. We

:49:34.:49:44.

are going live to the Supreme Court. Anybody who has written a well, this

:49:45.:49:53.

is significant. Identified areas of principal, substituting its own

:49:54.:49:56.

decision, that decision was to award the claimant ?143,000 to buy at a

:49:57.:50:05.

sitting tenant's discount the house where she and her family lived plus

:50:06.:50:11.

an option to receive ?20,000 more in one or more instalments. The appeal

:50:12.:50:21.

is against that decision. This Court unanimously allows the appeal

:50:22.:50:28.

against that decision. It restores the order which the judge originally

:50:29.:50:35.

made. There is a single judgment of mind with which everybody agrees and

:50:36.:50:42.

an additional supplemental judgment addressing particularly claims by

:50:43.:50:53.

adult non-dependent children and the other Lords agree with that also.

:50:54.:50:56.

The principal decision is that the judge had not made either of the

:50:57.:51:02.

errors of principal which the Court of Appeal thought he had. It follows

:51:03.:51:07.

from that that the Court of Appeal had no basis to read the case. --

:51:08.:51:21.

re-decide. Without appreciating that a lump sum would reduce the

:51:22.:51:27.

claimant's entitlement to benefits because of means testing. It is

:51:28.:51:33.

thought that as a result the judge's order would be of little or no

:51:34.:51:37.

advantage to her because she would lose in benefits what she gained

:51:38.:51:43.

from the award. In fact the judge had been very well aware of the

:51:44.:51:49.

benefits rules. He had made his order to give the claimant a lump

:51:50.:51:55.

sum so that she could put decent modern household equipment into her

:51:56.:52:04.

home instead of the very old and totally worn out things that the

:52:05.:52:09.

family was currently managing with. That meant that the money was for

:52:10.:52:16.

her maintenance and more if she spent it in that way she would not

:52:17.:52:21.

retain a capital sum and her benefits would not be lost. The

:52:22.:52:30.

judgment also deals with some of the rather technical questions about how

:52:31.:52:34.

claims under this act ought to be approached. There is no need to

:52:35.:52:38.

summarise all of them. Apart from what I have already mentioned just a

:52:39.:52:45.

few will go. The judgment deals with how far it is relevant to ask

:52:46.:52:51.

whether the deceased acted unreasonably. The answer is that is

:52:52.:52:56.

not the main question, the main question is whether the outcome of

:52:57.:53:02.

the will is to make for the claimant reasonable financial provision for

:53:03.:53:06.

her maintenance in all the circumstances. So for example if an

:53:07.:53:16.

adult son or daughter has her own independent finances and does not

:53:17.:53:19.

need maintenance the court cannot alter the will even if it thinks

:53:20.:53:24.

that the deceased or morally to have done something different. On the

:53:25.:53:30.

other hand the behaviour of both the deceased and the claimant may well

:53:31.:53:36.

be factors which go into the question of what it would have been

:53:37.:53:40.

reasonable to do by way of maintenance provision. And they were

:53:41.:53:48.

here. Secondly the judgment explains that these cases cannot be decided

:53:49.:53:53.

simply by comparing the expectations or needs of the claimant with the

:53:54.:54:00.

expectation or needs of the chosen beneficiaries. The people to whom

:54:01.:54:08.

the test date chooses to leave her money, whether relatives, friends or

:54:09.:54:18.

family, famine relief or other charity, those people do not have to

:54:19.:54:22.

justify their entitlement by need or by expectation. So far as they are

:54:23.:54:32.

concerned, being the choices enough. Their claim has to be balanced

:54:33.:54:37.

against any application made by the limited class of people who are in

:54:38.:54:41.

total to ask the court to change the world. -- entitled to ask to change

:54:42.:54:53.

the world. In working out what was reasonable financial provision. It

:54:54.:54:57.

holds the judge was right to say that it was significant. The

:54:58.:55:05.

judgment confirms existing case law which reminds courts that although

:55:06.:55:10.

you can make provision for maintenance by way of a lump sum for

:55:11.:55:15.

either immediate or gradual spending on maintenance, as happened here, it

:55:16.:55:23.

will not normally be right to Bristol appreciating capital on the

:55:24.:55:28.

claimant because that goes beyond maintenance. If housing is to be

:55:29.:55:37.

provided usually a life interest in the house will be the more

:55:38.:55:44.

appropriate way of doing it. Lastly the court confirms what is again

:55:45.:55:47.

well-established existing case law which makes it clear that an appeal

:55:48.:55:54.

will not succeed unless the judge has made some error of principal.

:55:55.:56:02.

Neither side can appeal... We will leave the Supreme Court ruling. The

:56:03.:56:10.

Supreme Court effectively have reasserted the principal that you

:56:11.:56:13.

can leave your money in your will to whoever you want to leave your money

:56:14.:56:20.

too. You probably gathered, on one side of the casework three animal

:56:21.:56:23.

charities and on the other a woman cut out of mother's well. In her

:56:24.:56:31.

will she made it clear she did not want to leave anything to her

:56:32.:56:35.

daughter. They had been estranged since Heather was 17. She had gone

:56:36.:56:40.

out with a boyfriend the mother did not approve of. She left half ?1

:56:41.:56:47.

million to The Blue Cross, RSPCA and RSPB, of which she had no real

:56:48.:56:52.

connection apparently, but she was clear in the will and in a letter to

:56:53.:56:56.

lawyers, do not give anything to my daughters effectively. After her

:56:57.:57:01.

death. Challenge that. On the basis that did not make reasonable

:57:02.:57:06.

provision for her. The Supreme Court has unanimously allowed an appeal by

:57:07.:57:11.

those three animal charities and they have won. We will bring you

:57:12.:57:22.

reaction. We may hear from Heather. We will hear from lawyers on the

:57:23.:57:28.

significance of this case. We will bring you the latest news and sport.

:57:29.:57:30.

First, the weather. I pressure dominating the weather.

:57:31.:57:40.

Things will be more unsettled later in the week. Plenty of sunshine

:57:41.:57:46.

across the country. Cloud across southern and south-west areas and

:57:47.:57:50.

cloud across the north-west but glorious morning pictures like this

:57:51.:57:55.

one. The sunshine has been abundant across much of central and North

:57:56.:58:02.

Wales. Showing how sunny the skies have been. We have high pressure

:58:03.:58:06.

dominating the scene. This will bring thicker cloud, outbreaks of

:58:07.:58:10.

rain across the west of Scotland and increasing wind. Not as wild across

:58:11.:58:16.

Scotland as yesterday. The winds will continue to strengthen. Plenty

:58:17.:58:19.

of sunshine across central, southern and eastern parts of the UK but

:58:20.:58:25.

cloudier for north and west Scotland as afternoon with some of the rain

:58:26.:58:27.

heavy across the north-west Highlands. The east of Scotland

:58:28.:58:32.

probably staying dry with one or two back showers. Northern Ireland,

:58:33.:58:37.

after sunshine this morning, the will thicken. A little bit of cloud

:58:38.:58:45.

across south-western parts of Wales." The. The best of the

:58:46.:58:52.

sunshine through the Midlands. A good-looking afternoon for the

:58:53.:58:55.

Tottenham festival. Tomorrow looks cloudier and windier and we could

:58:56.:59:03.

see a few spots of rain. The cloud will thicken up across the south and

:59:04.:59:08.

the west. Increasing amounts of rain across Scotland and Northern Ireland

:59:09.:59:12.

with Wales reaching gale force. Try your across the south-east with

:59:13.:59:18.

coastal fog. It will be mild. Thursday, this weather front in the

:59:19.:59:22.

north-west moves southwards and eastwards into not in England and

:59:23.:59:25.

western parts of Wales and the south-west of England. Brighter with

:59:26.:59:30.

sunshine and showers. Ahead of today's still went to be quite mild.

:59:31.:59:39.

This is the remnant of Storm Stella. It will be heavily modified as it

:59:40.:59:43.

crosses the Atlantic and it will reach as as a rain event with fairly

:59:44.:59:47.

strong winds. Pretty wet across northern and western parts of the UK

:59:48.:59:52.

with rain spreading to all areas and it will feel cooler. That is the

:59:53.:59:57.

tone for the weekend, unsettled with weather fronts moving and, cooler,

:59:58.:00:04.

temperatures close to normal, rain interspersed with sunshine.

:00:05.:00:14.

An investigation by this programme and Radio 4's Today programme has

:00:15.:00:16.

found that lorry drivers moving goods in Western Europe for Ikea

:00:17.:00:19.

and other retailers are living out of their cabs for months at a time.

:00:20.:00:34.

It's not good for drivers, not good and it's not

:00:35.:00:36.

on the road, but this is the conditions.

:00:37.:00:40.

Three animal charities have won a Supreme Court battle over a six

:00:41.:00:46.

figure award to a woman who was left out of her estranged mum's will.

:00:47.:00:52.

We'll bring you reaction. This court unanimously allows the appeal

:00:53.:00:57.

against that decision and it restores the order which the judge

:00:58.:00:59.

originally made. A Royal Marine who shot and killed

:01:00.:01:03.

an injured Taliban fighter in Afghanistan in 2011,

:01:04.:01:06.

will learn the result of an appeal That's expected in the next

:01:07.:01:09.

half an hour or so. We will bring it to you live as soon

:01:10.:01:16.

as it happens. Good morning, here's

:01:17.:01:25.

Joanna in the BBC Newsroom Three animal charities have won a

:01:26.:01:36.

case at the Supreme Court. When the woman died in 2004 she made it clear

:01:37.:01:41.

she didn't want her estranged daughter to benefit and left her

:01:42.:01:44.

500,000 pound estate to three animal charities instead. In 2007, the

:01:45.:01:52.

woman challenged her late mother's will.

:01:53.:01:56.

An investigation by this programme and Radio 4's Today programme has

:01:57.:01:59.

found that lorry drivers moving goods in Western Europe for Ikea

:02:00.:02:01.

and other retailers are living out of their cabs for months at a time.

:02:02.:02:05.

The truckers, who are employed by haulage firms based

:02:06.:02:07.

in Eastern Europe, say they can't afford to live in the countries

:02:08.:02:10.

where they're actually working and driving,

:02:11.:02:11.

Ikea said it was "saddened by the testimonies" of the drivers.

:02:12.:02:19.

A rare glimpse into President Trump's private finances has

:02:20.:02:22.

emerged with the leak of his 2005 tax return.

:02:23.:02:28.

He had refused to make the documents public

:02:29.:02:30.

during his election campaign and was accused by Hillary Clinton

:02:31.:02:32.

But the US TV network MSNBC has now published two pages of the document.

:02:33.:02:37.

Presenter Rachel Maddow disclosed the numbers.

:02:38.:02:39.

In terms of what is on here, let me give you the basics.

:02:40.:02:45.

Aside from the numbers being large, these pages are straightforward.

:02:46.:02:48.

He paid $38 million, it looks like $38 million in taxes.

:02:49.:02:52.

He took a big write-down of $103 million, more on that later.

:02:53.:02:55.

If you add up the lines for income he made more

:02:56.:02:57.

The unemployment rate has fallen to its lowest

:02:58.:03:10.

since the summer of 1975, with a record number

:03:11.:03:12.

The number of people out of work fell by 31,000

:03:13.:03:16.

in the three months to January, to 1.58 million.

:03:17.:03:18.

But there was a big increase in the number of people

:03:19.:03:20.

on zero-hours contracts in their main job, with 905,000

:03:21.:03:23.

people on the controversial contracts in the last quarter

:03:24.:03:25.

That's a summary of the latest BBC News, more at 10.30am.

:03:26.:03:40.

Thank you for your comments. Many about the foster family who had

:03:41.:03:49.

their foster daughter removed. The council acknowledge they have made

:03:50.:03:53.

mistakes. The foster daughter is back with the family. LJ says, "This

:03:54.:03:58.

is shocking. Foster placements are so precious." Amy was in a long-term

:03:59.:04:04.

placement, it is little wonder she is traumatised. Another viewer says,

:04:05.:04:10.

"Well done to the family for fighting." This texter says, "I had

:04:11.:04:17.

to fight four years to have my children. The foster carers helped

:04:18.:04:21.

me regain custody. I was told everything is OK. Have your children

:04:22.:04:26.

home. We know you are a good parents. My children are still

:04:27.:04:30.

damaged by this and I have never had an apology."

:04:31.:04:32.

Do get in touch with us throughout the morning.

:04:33.:04:39.

Use #Victoria LIVE and if you text, you will be charged

:04:40.:04:42.

Another special performance from Leicester City, Victoria,

:04:43.:04:50.

having stunned everyone last season with that Premier League title,

:04:51.:04:53.

they stunned Sevilla last night in the Champions League.

:04:54.:04:55.

Since Craig Shakespeare took over from Claudio Ranieri last month,

:04:56.:04:57.

Leicester have won all three of their games.

:04:58.:04:59.

And they went ahead last night thanks to the captain Wes Morgan.

:05:00.:05:04.

In the second-half Marc Albrighton, another

:05:05.:05:05.

ever-present in that title winning team, got the crucial second.

:05:06.:05:08.

Leicester lost the first leg in Spain 2-1 so the 2-0

:05:09.:05:10.

victory last night - sent them through to the

:05:11.:05:13.

Some of the players reacted on social media afterwards.

:05:14.:05:23.

Wes Morgan, the captain and first scorer

:05:24.:05:29.

Midfielder Andy King wrote "Unbelievable

:05:30.:05:34.

Leicester city into the last 8 of the Champions League".

:05:35.:05:42.

And Christian Fuchs put "No words needed.

:05:43.:05:44.

Well, here's what the manager thought.

:05:45.:05:47.

We're in there on merit. Make no mistake about that. We might be the

:05:48.:05:53.

surprise team, but we know the quality of teams in there is getting

:05:54.:05:57.

down to the real serious business now.

:05:58.:06:00.

Some brilliant teams left in there. So Leicester will have to wait

:06:01.:06:04.

until Friday to find out who they'll They are among some of biggest teams

:06:05.:06:10.

in football as you can see. Barcelona are there after that

:06:11.:06:18.

amazing win when they came from 5-1 down to beat Paris Saint Germain

:06:19.:06:21.

in the second leg, Holders Real Madrid too,

:06:22.:06:23.

as well as multiple winners So you can leave your money to

:06:24.:06:42.

whoever you want. Clive Coleman is outside the court. Fill us in. Are

:06:43.:06:54.

you entitled to leave your children out of the will? Are you entitled to

:06:55.:06:59.

cut them out? That was the issue that was at the heart of this case

:07:00.:07:03.

because when Melita Jackson died in 2004 she made it crystal clear that

:07:04.:07:07.

she didn't want her estranged daughter to get a penny.

:07:08.:07:20.

Her estate was worth ?500,000. Her daughter, Heather Ilott, challenged

:07:21.:07:29.

decision. You can amy to a court and ask for reasonable provision and

:07:30.:07:32.

reasonable maintenance if you have been cut out of a will. She did that

:07:33.:07:36.

and a district judge awarded her ?50,000. She appealed that to the

:07:37.:07:41.

Court of Appeal. The Court of Appeal were far more generous. They made

:07:42.:07:45.

the ruling that she was entitled to a third of the estate, ?140,000 to

:07:46.:07:51.

buy her housing association property and another ?20,000 in a capital sum

:07:52.:07:58.

that was structured so she would retain her state benefits. The

:07:59.:08:03.

charities involved in this case, for them, it was a really important

:08:04.:08:06.

issue and they appealed the case to the Supreme Court because the

:08:07.:08:12.

charities get a huge amount of their income through legacies, the RSPCA,

:08:13.:08:17.

one charity gets 50% of its income through legacies. So one in every

:08:18.:08:21.

two animals that it looks after, that is funded through legacy

:08:22.:08:25.

income. So it was a very important issue for them to appeal. The broad

:08:26.:08:31.

principle as to whether people have the right to leave their estates to

:08:32.:08:35.

charities, even if that means cutting their children out, of their

:08:36.:08:40.

will. Today we have had, I can only describe as a thumping judgement

:08:41.:08:46.

from the Supreme Court. A unanimous judgement by seven of the justices

:08:47.:08:51.

of the Supreme Court that dismantles that Court of Appeal award and

:08:52.:08:56.

restates, reaffirms a fundamental principle of our law in this

:08:57.:09:00.

country, that you are entitled to leave your money to whoever you

:09:01.:09:05.

choose to leave it to. Even if that means your children get little or

:09:06.:09:11.

nothing. Now, I have with me James Aspen the solicitor from Wilson's

:09:12.:09:14.

solicitors, who are the solicitors for the three animal charities.

:09:15.:09:17.

First of all, James, you must be delighted. Thank you very much. This

:09:18.:09:23.

is a very important decision, it reaffirms from the highest court in

:09:24.:09:26.

the land that principle that we are free to choose who will benefit when

:09:27.:09:30.

we die. Vital principle. And what we have seen the Supreme Court do today

:09:31.:09:36.

is clear things up in the sense of how the inheritance Act works and

:09:37.:09:40.

how far the freedom goes and our hope and our belief is we have a

:09:41.:09:43.

better idea where we all stand. So, if we want to go out and make a

:09:44.:09:47.

will, the solicitor should be better equipped now to advice us, how far

:09:48.:09:51.

can you go with that? How free are you? An important principle

:09:52.:09:55.

confirmed today. Thank you. Let's clear up what happened as a result

:09:56.:10:00.

of this. The court has reaffirmed the original order for ?50,000, but

:10:01.:10:04.

the court also said there have been discussions, there has been

:10:05.:10:09.

agreement between Heather Ilott, the daughter, who was disinherited and

:10:10.:10:12.

yourself and the three charities. Can you tell us about that? I have

:10:13.:10:16.

to keep that private. It is a discussion about the mechanics of

:10:17.:10:19.

how it works because the charities wouldn't want this to have an

:10:20.:10:24.

adverse effect on Heather Ilott. What it means for everyone, the

:10:25.:10:29.

broader picture here which is this is the highest court restauting

:10:30.:10:33.

something we believed we had, but now we know we have which is freedom

:10:34.:10:38.

to choose who will benefit when you die under your L your wishes matter

:10:39.:10:43.

and this is what this confirms. One of the important issues was the

:10:44.:10:47.

Court of Appeal, the court below, had said the charities need to prove

:10:48.:10:50.

that they need the money. This court wasn't having any of that. They said

:10:51.:10:55.

that's irrelevant? Again, it is a very important point because if you

:10:56.:10:58.

think about it, charities are in the same position as you or me or anyone

:10:59.:11:03.

else that someone chooses as their beneficiary in a will and what the

:11:04.:11:07.

court is saying is, it is not about us interfering and saying whether we

:11:08.:11:10.

approve of your choice, whether we think you should have left your

:11:11.:11:14.

money to charity or to someone you cared about, you're free to make

:11:15.:11:18.

that decision and it has to be a limited power the court has to do

:11:19.:11:21.

anything about that. So, vital decision as far as all of us are

:11:22.:11:25.

concerned. We still have freedom to choose who benefit under our will.

:11:26.:11:31.

The court was very clear, a long estrangement and clear wishes that

:11:32.:11:35.

you don't want a particular child or your children to get any of your

:11:36.:11:38.

money, that really matters in how the courts interpret whether the

:11:39.:11:42.

child is entitled to anything? Precisely, that's one of the things

:11:43.:11:46.

it clear up today. It is a misunderstanding about whether these

:11:47.:11:48.

personal contributions could be taken into account. I think the

:11:49.:11:52.

conclusion you have to come to is well, that's part of free do. That's

:11:53.:11:56.

part of having freedom choose is the ability to take those things into

:11:57.:12:02.

account. So all cleared up for us. John McCain Aspenu thank you very

:12:03.:12:04.

much indeed. There you have it Victoria, a very, very clear

:12:05.:12:07.

judgement from the highest court in the land that you can leave your

:12:08.:12:10.

money to hover you want to, even if that means your children getting

:12:11.:12:13.

little or nothing. Zl thank you very much, Clive. Thank you.

:12:14.:12:19.

Clive Coleman live at the Supreme Court for that fascinating judgement

:12:20.:12:20.

this morning. An investigation by this programme

:12:21.:12:24.

and Radio 4's Today progrramme has found that lorry drivers moving

:12:25.:12:30.

goods for Ikea and other retailers across Europe are camping out

:12:31.:12:32.

in their cabs for months at a time, because they can't afford to live

:12:33.:12:35.

in the countries they're working in. The Eastern European drivers

:12:36.:12:38.

are receiving pay rates for their home countries

:12:39.:12:40.

despite working in more expensive A judge has described

:12:41.:12:42.

as "inhumane" the practice where companies are able to exploit

:12:43.:12:46.

loopholes in European law. We played you Zoe Conway's

:12:47.:12:48.

full report earlier, Ikea says it doesn't just

:12:49.:12:50.

care about furniture, But just how valued do the people

:12:51.:12:59.

transporting Ikea goods feel? In a trailer on the edge

:13:00.:13:10.

of Copenhagen, Denmark, Kris Jenner and Emilian have created

:13:11.:13:13.

their very own pop-up kitchen. Cooking from scratch

:13:14.:13:17.

saves them money. Is this how you want

:13:18.:13:19.

to have your breakfast? No, I don't want to live

:13:20.:13:24.

like this, but this is the Emilian is moving goods for Ikea,

:13:25.:13:27.

but they don't employ him. His actual employer is a Slovakian

:13:28.:13:33.

firm, Bring Tracking. European Union employment

:13:34.:13:38.

rules state that a driver temporarily posted away from home

:13:39.:13:46.

should be guaranteed the host nation's minimum rates

:13:47.:13:51.

of pay and conditions. But companies are exploiting

:13:52.:13:53.

loopholes in the law. A Danish driver can expect to take

:13:54.:14:00.

home 2,200 euros, or ?1,900 a month, But Emilian has been taking

:14:01.:14:03.

home an average monthly salary of 477 euros,

:14:04.:14:06.

or ?418, a month. This is my home.

:14:07.:14:11.

This is how I live. Danish drivers go home every couple

:14:12.:14:14.

of weeks, but Emilian spends Bring says Emilian is

:14:15.:14:20.

responsible for taking his rest breaks, and the company

:14:21.:14:28.

says he can go home whenever he Emilian has just driven some Ikea

:14:29.:14:31.

stock from Denmark into Sweden. He only ever works

:14:32.:14:41.

in Western Europe. Sometimes it might be

:14:42.:14:43.

Germany or Norway. But, he's being paid

:14:44.:14:45.

as if he was driving in This truck park turned campsite

:14:46.:14:47.

is right outside the Drivers are making stew,

:14:48.:14:55.

and truck drying their clothes. Many of the East European

:14:56.:15:04.

truck drivers we spoke to said that they are

:15:05.:15:05.

on a similar deal to Emilian. It's clear that this way

:15:06.:15:12.

of treating drivers is widespread, not just

:15:13.:15:17.

within the Ikea supply chain, but in those of several

:15:18.:15:19.

other household names. The number of foreign truck

:15:20.:15:21.

companies moving goods in Britain is We are seeing far more

:15:22.:15:26.

foreign lorries that are frankly less compliant with

:15:27.:15:39.

drivers' hours and roadworthiness We believe they are driving

:15:40.:15:41.

a coach and horses through In a statement, IKEA said

:15:42.:15:47.

"We take the reports by the BBC very seriously, and

:15:48.:15:51.

recognise the fact that there is a discrepancy between these reports

:15:52.:15:54.

and what we find in our auditing We are saddened by the testimonies,

:15:55.:15:56.

and sympathise with the We put strict demands on suppliers

:15:57.:16:01.

when it comes to wages, working conditions, and following

:16:02.:16:08.

applicable legislation. We follow up and make

:16:09.:16:09.

regular audits to check We are currently running

:16:10.:16:11.

a pilot to investigate the subcontracting chain, to reduce

:16:12.:16:17.

the risk of breaches and social conditions in the chain, such

:16:18.:16:21.

as noncompliance with minimum wages, working and rest times,

:16:22.:16:24.

and breaches of EU legislation". Let's talk now to one of the drivers

:16:25.:16:33.

we saw in Zoe's film and who joins us from his home in Romania,

:16:34.:16:36.

Clive Mills who runs a haulage firm in the UK and drives

:16:37.:16:42.

in the UK and Europe, Dutch MEP Agnes Jongerius who sits

:16:43.:16:45.

on an EU committee and is looking into how EU law can help change

:16:46.:16:48.

these practices, and Sam McIntosh from the International

:16:49.:16:51.

Transport Federation, who researched these

:16:52.:16:53.

practices across Europe. You are the one driving

:16:54.:16:57.

on the roads, we saw how you live at times,

:16:58.:17:00.

how do you want the law Hello. I want the law protects for

:17:01.:17:14.

all drivers and workers and it is not possible living in the cab a

:17:15.:17:25.

long time. But I hope the politician make a lot for workers in the

:17:26.:17:31.

future. How widespread is this? How many drivers are living like we saw

:17:32.:17:39.

you living? 99%. Drivers east European living like me in the cab.

:17:40.:17:48.

Some drivers take three, four, five months because it is expensive to go

:17:49.:17:53.

home to Romania Bulgaria and come back. We make this with our money.

:17:54.:18:01.

You run a college company. I these conditions familiar to you? Indeed.

:18:02.:18:07.

It happens all over. We truck across Europe and then spend up to two

:18:08.:18:13.

weeks away. We do not do months away. I would not put my drivers

:18:14.:18:19.

into that. The problem we have, this goes down to the big companies. Over

:18:20.:18:25.

the last few years prices of all each have crashed. The prices are

:18:26.:18:31.

coming down. We cannot compete because of the minimum wage. Weepy

:18:32.:18:35.

all of our drivers above the minimum wage. Two years ago traders coming

:18:36.:18:46.

in and accompanied so they put a trailer on a boat to come into the

:18:47.:18:52.

country and there used to be some where it needed to go under time to

:18:53.:18:58.

port to go back to Europe but now you have Eastern European lorry

:18:59.:19:05.

drivers camped in docs in Portsmouth. Between 15 and 20 of

:19:06.:19:09.

them all the time for weeks on end living out of their lorries

:19:10.:19:14.

undercutting our prices. We cannot compete. It is a big problem. You

:19:15.:19:23.

have done research into this. Where do you think the responsibility

:19:24.:19:30.

lies? Straight at the top. Meaning? The pressure comes from the top of

:19:31.:19:35.

the supply chain. The retailers? Retailers like IKEA. Drivers then

:19:36.:19:40.

back cabs feel like prisons on the road. Retailers have to step up and

:19:41.:19:47.

take responsibility. They have to be made accountable. When you say take

:19:48.:19:51.

responsibility what does that mean in practical terms? They can start

:19:52.:19:58.

by meeting their standards, their codes of practice, this is basic

:19:59.:20:04.

human rights. As the first step they need to order what they say they

:20:05.:20:07.

will do. Companies who trade on ethics,... IKEA's statement

:20:08.:20:13.

acknowledging there is some work they can do. What can you do to help

:20:14.:20:24.

drivers? It is good that usual a picture of his drivers because

:20:25.:20:30.

people in Europe should know that this is how we treat our drivers

:20:31.:20:35.

nowadays. It is important that we close down all the loopholes in the

:20:36.:20:39.

European system because on the one hand what is happening is not

:20:40.:20:49.

illegal, it seems like, because if you are driving from Slovak to

:20:50.:20:52.

Germany or Belgium or the Netherlands then you can pay your

:20:53.:20:59.

Slovak wages but not a few key people camping throughout Western

:21:00.:21:03.

Europe all the time and that is a loophole we have to stop. It should

:21:04.:21:07.

be clear that the host member states wages should apply if people work

:21:08.:21:14.

for longer time in that country and that is clearly the case. In this

:21:15.:21:20.

case IKEA also should feel ashamed of itself because they know that the

:21:21.:21:24.

prices they pay cannot afford a liveable wage for all these drivers

:21:25.:21:33.

driving around for IKEA. You were shaking your head in disagreement.

:21:34.:21:38.

Indeed. A few years ago Germany bought in if you are driving in

:21:39.:21:43.

their country, does not matter if you are going through Germany, you

:21:44.:21:46.

have to pay and prove you are paying the minimum wage for Germany. Also

:21:47.:21:53.

Austria and also France. England have not brought that in yet of all

:21:54.:21:58.

for our employers we have to pay the minimum wage. What we ought to be

:21:59.:22:03.

doing, the trouble is it is enforcing. We bring these laws in,

:22:04.:22:07.

it is enforcing laws. This is the problem. You represent billions of

:22:08.:22:14.

transport workers across the globe. From Britain's point of view leaving

:22:15.:22:20.

the EU, it will not happen for a while, what difference is that going

:22:21.:22:24.

to make for the UK? I do not think it will make any difference because

:22:25.:22:28.

fundamentally the problem is at the top of the supply chain so until you

:22:29.:22:32.

tackle the root cause, the retailers like IKEA, until you tackle the root

:22:33.:22:38.

cause, you are not going to get anywhere. Enforcement is important.

:22:39.:22:44.

Critical. We have to improve enforcement, make sure we are

:22:45.:22:48.

sharing information, making the system work, making it cohesive.

:22:49.:22:52.

Until you tackle the top of the supply chain this story is not going

:22:53.:23:04.

to change. Thank you all of you. If you want to see the fulfilment is on

:23:05.:23:05.

our programme age. Hollywood film star Ben Affleck has

:23:06.:23:10.

said that he has completed treatment The American actor and director said

:23:11.:23:13.

in a Facebook post that he had dealt with addiction in the past

:23:14.:23:18.

and that it was something Newsbeat's reporter

:23:19.:23:20.

is here with me now. The strongest part of the statement

:23:21.:23:31.

is where he says I want my kids to know there is no shame in getting

:23:32.:23:35.

help when you need it. He says he is lucky to have their help of his

:23:36.:23:38.

family and friends including his core parent, his ex-partner Jennifer

:23:39.:23:49.

I wonder why you think he has revealed this. There has been lots

:23:50.:24:00.

of speculation about him and his personal life. We'll about the

:24:01.:24:05.

divorce, whether it is happening or not with Jennifer Garner. He is

:24:06.:24:09.

pictured a lot out of the Hollywood stars, a lot of pictures of him. I

:24:10.:24:15.

was discussing with some entertainment reporters earlier, we

:24:16.:24:17.

remember interviewing him a while ago and we thought he did not look

:24:18.:24:21.

fantastic and this kind of makes sense now. He is probably doing it

:24:22.:24:26.

for his kids. They know what is going on. He wants to be a positive

:24:27.:24:32.

role model. It has not been the greatest couple of years for him

:24:33.:24:36.

professionally or personally. The breakdown of his marriage but also

:24:37.:24:43.

he directed and starred in Batman versus Superman which is renowned as

:24:44.:24:47.

one of the worst films in the last couple of years and that was him

:24:48.:24:51.

directing. He has won an Oscar for directing. Professionally and

:24:52.:24:56.

personally it has been quite difficult. This may be marked the

:24:57.:25:00.

start of a fresh start for him going forward. A step down -- he has

:25:01.:25:06.

stepped down from directing the next Batman movie.

:25:07.:25:11.

Still to come, a Royal Marine found guilty of murdering a wounded

:25:12.:25:14.

Taliban fighter will hear the result of his appeal against

:25:15.:25:17.

We think that will be in the next ten minutes or so.

:25:18.:25:25.

We'll bring you that result from the High Court,

:25:26.:25:28.

Three animal charities who were left nearly ?500,000 by a mother

:25:29.:25:41.

who cut her estranged daughter out of her will have won

:25:42.:25:44.

the right to keep the money, in a case at the Supreme Court.

:25:45.:25:47.

When Melita Jackson died in 2004 she made it crystal clear she didn't

:25:48.:25:50.

want her estranged daughter Heather Ilott to benefit,

:25:51.:25:54.

and so left her half a million pound estate to three

:25:55.:25:56.

In 2007, Mrs Illott challenged her late mother's will on the basis it

:25:57.:26:06.

did not make "reasonable provision" for her.

:26:07.:26:08.

She won her challenge, but that has now been overturned

:26:09.:26:11.

The unemployment rate has fallen to its laws level since the summer of

:26:12.:26:19.

1975 with a record number of people in work. It is at 1.58 million. A

:26:20.:26:27.

big increase in the number of people on zero hours contracts in their

:26:28.:26:31.

main job. Average earnings rose by 2.2% in the year to January.

:26:32.:26:36.

An investigation by this programme and Radio 4's Today programme has

:26:37.:26:39.

found that lorry drivers moving goods in Western Europe for Ikea

:26:40.:26:41.

and other retailers are living out of their cabs for months at a time.

:26:42.:26:45.

The truckers, who are employed by haulage firms based

:26:46.:26:48.

in Eastern Europe, say they can't afford to live in the countries

:26:49.:26:50.

where they're actually working and driving,

:26:51.:26:52.

Ikea said it was "saddened by the testimonies" of the drivers.

:26:53.:26:59.

A rare glimpse into President Trump's private finances has

:27:00.:27:02.

emerged with the leak of his 2005 tax return.

:27:03.:27:05.

Mr Trump refused to make the documents public

:27:06.:27:08.

during his election campaign and was accused by Hillary Clinton

:27:09.:27:10.

But the US TV network MSNBC has now published two pages of the document.

:27:11.:27:17.

Presenter Rachel Maddow disclosed the numbers.

:27:18.:27:24.

He had paid about $38 million in tax that year.

:27:25.:27:31.

The foster parents of a teenage girl who was dramatically removed

:27:32.:27:34.

from their care have told this programme she still has "nightmares"

:27:35.:27:36.

Aimee Gardiner, who has severe learning difficulties,

:27:37.:27:40.

had lived with her aunt and uncle for most of her life when,

:27:41.:27:42.

at the age of 15, she was abruptly taken away without even

:27:43.:27:45.

The watchdog for councils, the Local Government Ombudsman,

:27:46.:27:48.

has criticised Essex County Council for the way it handled the case.

:27:49.:28:01.

The council now says it's reviewing all its decisions to remove

:28:02.:28:03.

children from foster parents in the last 12 months.

:28:04.:28:06.

Aimee's uncle Chris Stevens says he still doesn't know why

:28:07.:28:08.

Aimee was taken from them in the first place.

:28:09.:28:10.

We still are at the stage where we still have not been given

:28:11.:28:13.

that answer because they came up with so many different

:28:14.:28:16.

Emotional abuse, she is scared of you, there is this, there is that.

:28:17.:28:21.

Not one of them has been proven to us.

:28:22.:28:39.

After the ombudsman looked into it, she did not meet the threshold

:28:40.:28:42.

Therein lies the question why wasn't all the protocol followed?

:28:43.:28:44.

Someone says they should practice walking a mile in their shoes and

:28:45.:28:50.

think about the effects of their actions. Caroline says there seems

:28:51.:28:55.

to be happening too often. Some parents do not fight and lose their

:28:56.:29:02.

child for good. Sharon says I have experienced social services

:29:03.:29:05.

first-hand when we raised concerns for our grandchildren. We phoned dad

:29:06.:29:09.

emailed on a weekly basis. One of our grandchildren already lived with

:29:10.:29:15.

us. The council dismissed a school and police report amid concerns of

:29:16.:29:21.

the remaining children at home. They acted when ex-daughter-in-law was

:29:22.:29:25.

admitted into mental health hospital. My grandchildren were

:29:26.:29:29.

living in squalid conditions. Social services were abysmal. Keep getting

:29:30.:29:33.

in touch. Leicester City manager

:29:34.:29:40.

Craig Shakespeare says they could be "the surprise team"

:29:41.:29:44.

in the Champions League That's after they beat Sevilla 2-0

:29:45.:29:46.

last night, 3-2 on aggregate. They join the likes of Barcelona,

:29:47.:29:53.

Bayern Munich and Real Madrid It has emerged that

:29:54.:29:56.

Manchester United had to get a coach back north

:29:57.:30:00.

after their defeat to Chelsea in the FA Cup on Monday

:30:01.:30:05.

because their plane didn't Jose Mourinho was not best pleased

:30:06.:30:08.

as he was only told when they were And can Nicky Henderson pick up

:30:09.:30:13.

more winners on day two He became the most successful

:30:14.:30:19.

trainer of the Champion Hurdle In normal times, it's fair to say,

:30:20.:30:24.

few outside Holland would have paid much attention

:30:25.:30:31.

to the parliamentary But today's poll takes place

:30:32.:30:33.

against a backdrop of election results that have taken

:30:34.:30:37.

many by surprise. The anti-Islam, anti-EU politician

:30:38.:30:42.

Geert Wilders is pitted against the conservative

:30:43.:30:44.

Prime Minister Mark Rutte. Our reporter Jim Reed

:30:45.:30:46.

has the background. On 15th March, 13 million people get

:30:47.:30:56.

to vote in the Dutch election. Much has been made of this

:30:57.:30:59.

man, Geert Wilders. We have to close our borders,

:31:00.:31:04.

for all asylum seekers, and for all immigrants

:31:05.:31:06.

from Islamic countries. The front-runner in the polls

:31:07.:31:10.

until just recently, his Freedom Party wants to leave

:31:11.:31:13.

the EU, close down mosques, These elections, for

:31:14.:31:15.

sure, are historical. But Geert Wilders has been sliding

:31:16.:31:29.

in the polls recently, and even if he wins the most votes,

:31:30.:31:32.

the way that the Dutch political system works means

:31:33.:31:35.

that he is unlikely to win power. The current Prime Minister

:31:36.:31:39.

Mark Rutte, who's been He has a business background,

:31:40.:31:47.

and a fondness for playing We've done a great deal

:31:48.:31:50.

in the last couple of years, Whoever wins this election will also

:31:51.:31:55.

tell us something about where Europe If Geert Wilders gets the most

:31:56.:32:03.

votes, then other populist leaders, in countries like France

:32:04.:32:06.

and Germany, will get a boost. To have criticism about

:32:07.:32:13.

the Islamisation of our societies, which I believe is an enormous

:32:14.:32:16.

threat... I do believe that there is a real

:32:17.:32:21.

risk that on March the 16th, we can wake up in this country

:32:22.:32:26.

and Geert Wilders is The polls can, of course,

:32:27.:32:28.

the very wrong. Just this week, more than half

:32:29.:32:31.

of the Dutch electorate said they still haven't decided

:32:32.:32:34.

who to vote for. And with 28 different

:32:35.:32:36.

parties all campaigning up to the last minute,

:32:37.:32:38.

no one can ever be sure Breaking news. Alexander Blackman,

:32:39.:33:01.

the Royal Marine who shot and injured a Taliban fighter in

:33:02.:33:06.

Afghanistan has just had his murder conviction reduced to manslaughter

:33:07.:33:09.

by five judges at the court marshal Appeal Court in London. So Sergeant

:33:10.:33:18.

Blackman who became known as Marine A had his murder conviction for

:33:19.:33:22.

shooting dead an injured Taliban fighter in Afghanistan, he has had

:33:23.:33:26.

his murder conviction reduced to manslaughter which is what he wanted

:33:27.:33:32.

by five judges at the court marshal Appeal Court in London. That

:33:33.:33:35.

breaking news in the last couple of seconds. You will remember that

:33:36.:33:41.

Marine A has been serving a life sentence for murdering the wounded

:33:42.:33:48.

Afghan insurgent. The fresh evidence that the five judges, at the court

:33:49.:33:51.

marshal Appeal Court have been considering were the mental health

:33:52.:33:56.

condition of Marine A, of Sergeant Blackman, he said he had

:33:57.:34:00.

post-traumatic stress disorder so they have considered that fresh

:34:01.:34:04.

evidence in the appeal today and those five judges have been

:34:05.:34:09.

persuaded that Sergeant Blackman's murder conviction should be reduced

:34:10.:34:17.

to manslaughter. That just in from the appeal in court. Let's talk to

:34:18.:34:22.

our correspondent Daniel Bircher who is there. Daniel, fill us in on

:34:23.:34:28.

this. Yes, this judgement has just been handed down. So what has

:34:29.:34:33.

happened is that Alexander Blackman's murder conviction has

:34:34.:34:39.

been quashed and the five judges have substituted a verdict of

:34:40.:34:43.

manslaughter on the grounds diminished responsibility. Now, this

:34:44.:34:49.

follows a hearing last month in front of five senior judges who were

:34:50.:35:02.

sitting as the court martial Appeal Court. Alexander Blackman remains in

:35:03.:35:07.

prison and there will be a further hearing to decide what sentence will

:35:08.:35:12.

be appropriate and we expect to hear reaction here on the steps of the

:35:13.:35:17.

court shortly. In the meantime if I just fill you in on the background.

:35:18.:35:22.

What happened was that Alexander Blackman was convicted following a

:35:23.:35:29.

court martial in 2013. He was convicted of murder. This was after

:35:30.:35:36.

he had shot a Taliban, a wounded Taliban insurgent in Helmand

:35:37.:35:39.

province in 2011. The following year he appealed. That appeal did not

:35:40.:35:44.

succeed though his minimum term was reduced from ten to eight years. The

:35:45.:35:50.

case was then referred to the Criminal Cases Review Commission.

:35:51.:35:53.

This is the independent body which looks at potential miscarriages of

:35:54.:35:58.

justice and the CCRC then brought the case back to the Appeal Court

:35:59.:36:04.

for a fresh appeal. That, as I say, was heard last month and has now led

:36:05.:36:11.

to this conclusion that the murder conviction has been quashed. Instead

:36:12.:36:15.

he is convicted of manslaughter on the grounds of diminished

:36:16.:36:16.

responsibility. Thank you very much, Daniel.

:36:17.:36:20.

Reaction to come in a second. This is the culmination of a long, legal

:36:21.:36:25.

fight and campaign on behalf of Sergeant Blackman who killed the

:36:26.:36:32.

insurgent dead in September 2011. He had been filmed, Sergeant Blackman

:36:33.:36:36.

had been filmed on a colleague's webcam.

:36:37.:36:50.

Sergeant Blackman's appeal focussed on claims he had been plagued by

:36:51.:36:55.

mental scars after facing death every day while on the frontline in

:36:56.:36:59.

Afghanistan. In an exclusive interview in September 2015, his

:37:00.:37:03.

wife Clare Blackman, told us about the moment her husband was arrested.

:37:04.:37:11.

The first we knew was the knock on the door for him to be aretsed. It

:37:12.:37:17.

was a huge shock. Happened? It was a quiet weekend morning and there was

:37:18.:37:23.

a knock on the door. I opened the door and invited the individuals in

:37:24.:37:28.

who announced who they were and as they came in, my husband came

:37:29.:37:35.

downstairs and they read out the charge of breaches of the Geneva

:37:36.:37:40.

convention at that stage. And did you know what that meant then? No,

:37:41.:37:45.

not at all. When did it become clear that he was going to be charged with

:37:46.:37:52.

murder? I think as the investigation continued, the charge changed a week

:37:53.:37:58.

or so after that first arrest. How did you react? Shocked. Completely

:37:59.:38:07.

shocked. It was something, as I said, was totally out of the blue,

:38:08.:38:12.

but obviously, talked to my husband about it. Talked through what had

:38:13.:38:19.

happened. More live reaction to come from the court. The news in the last

:38:20.:38:25.

few minutes is that Sergeant Blackman who became known as Marine

:38:26.:38:29.

A who had been serving a life sentence for murdering a wounded

:38:30.:38:34.

Afghan insurgent has had his murder conviction quashed and replaced by

:38:35.:38:38.

one of manslaughter on the grounds of diminished responsibility. We can

:38:39.:38:42.

talk to Patrick Hennessy who served as an officer in Afghanistan in 2007

:38:43.:38:49.

and works as a barrister. He is an author and wrote The Junior Officers

:38:50.:38:56.

Reading Club. How do you react? It is good news for Simon Blackman and

:38:57.:39:01.

one of the things that his appeal has been focussed on is it really

:39:02.:39:04.

suit yble for him to be in prison still? He is clearly not a threat to

:39:05.:39:08.

society. It is probably good for him and his family that he's released,

:39:09.:39:13.

but will be fascinating is to see the reasons that the Appeal Court

:39:14.:39:17.

have given because if this is, it has been reduced to manslaughter on

:39:18.:39:20.

the grounds of diminished responsibility so they have

:39:21.:39:24.

considered expert evidence as to his mental state and there will be a

:39:25.:39:28.

really interesting ramification into what that mental state was. If

:39:29.:39:34.

you're a commander in the field, well, not Afghanistan anymore, there

:39:35.:39:36.

is going to be a responsibility on all commanders to look at all their

:39:37.:39:40.

soldiers and think because of the pressures that they have been under,

:39:41.:39:43.

can I even allow them out of the gate? I think there is a mismatch. I

:39:44.:39:47.

thinked the public will watch that video and listen to the awed dwro

:39:48.:39:51.

and they will hear a man who is not under fire and who was calm and

:39:52.:39:55.

collected and who shoots somebody who is injured. He's posing no

:39:56.:40:01.

threat to him or his men and says to his colleague, "Don't tell anyone.

:40:02.:40:05.

I've just broken the Geneva convention." We will have to look at

:40:06.:40:09.

the detail the Court of Appeal considered. You accepted that the

:40:10.:40:12.

short clip doesn't necessarily tell us the whole picture about the state

:40:13.:40:17.

of mind of Sergeant Blackman, having served for however long he had been

:40:18.:40:19.

serving in Afghanistan until that point? That's why the detail, the

:40:20.:40:23.

medical evidence, they have considered is going to be crucial,

:40:24.:40:27.

but you could see now if you were a general, you would be looking at

:40:28.:40:31.

this and thinking this is potentially problematic for me. If a

:40:32.:40:36.

Tour of Afghanistan lasts six to seven months and you send 8,000

:40:37.:40:40.

troops and old at most a few thousand will be on the front,

:40:41.:40:44.

frontline, but are we going to have to look very carefully at the

:40:45.:40:48.

guidelines for how much we expose our soldiers too? The reality is if

:40:49.:40:53.

you're... I'm going to interrupt. We're going to hear from Clare

:40:54.:40:58.

Blackman on the steps of the court. Is my old friend Freddie Forsyth who

:40:59.:41:05.

did not know Blackman and did not know Clare, but who knew a

:41:06.:41:10.

miscarriage of justice when he smelt one and he brought me in, was it

:41:11.:41:16.

last summer? And when I read these papers I was staggered at what I

:41:17.:41:24.

read. And the heroine is of course, Clare Blackman because without her

:41:25.:41:31.

efforts to keep the flame alive on behalf of her husband and to get

:41:32.:41:36.

that debate in Parliament which sparked the interest of the public

:41:37.:41:42.

and The Daily Mail and which led directly to today's victory, none of

:41:43.:41:47.

this would have happened. So with that I'm going ask Freddie to say a

:41:48.:41:57.

few words and then Clare. Thank you. It is really not, it's not merited.

:41:58.:42:01.

I just want to say this however. It's not over yet. We always wanted

:42:02.:42:13.

to get justice, an elusive word word. It is a two-playeded weapon.

:42:14.:42:21.

Firstly one blade, to get a man who should never haven't been put in

:42:22.:42:24.

prison, out of prison. Secondly, we go after those people who wrongly

:42:25.:42:29.

and I think villainously put him there. The Establishment won't do

:42:30.:42:36.

that, it is our job. We're the media, we do the examining, we

:42:37.:42:39.

uncover things that we're not supposed to know. From now on, what

:42:40.:42:42.

really happened there is down to you. I think we'll do our job just

:42:43.:42:46.

as well as the lawyers did theirs and the judges did theirs. Because

:42:47.:42:51.

there are things that need to be said about what was done to that man

:42:52.:42:58.

and who did it to him and why and how and how they got away with it so

:42:59.:43:03.

far, but not much further. So back to the mead why now. The ones who

:43:04.:43:12.

will not be discouraged from doing what has to be done. OK, let's go

:43:13.:43:18.

for it. APPLAUSE

:43:19.:43:31.

We are delighted at the judges' decision to substitute manslaughter

:43:32.:43:34.

by diminished responsibility. This is a crucial decision and one that

:43:35.:43:38.

much better reflects the circumstances that my husband found

:43:39.:43:42.

himself in during that terrible tour of Afghanistan. We must now wait for

:43:43.:43:48.

the sentencing hearing and hope to secure a significant reduction in

:43:49.:43:52.

Al's sentence. We would, of course, like to thank our fantastic legal

:43:53.:43:59.

team, Jonathan Goldberg, Jeffrey Israel for their excellent work to

:44:00.:44:04.

date and we must also thank the tens of thousands of supporters

:44:05.:44:08.

especially from the Royal Marines family who stood behind us

:44:09.:44:11.

throughout and who have played such an important role in getting us to

:44:12.:44:20.

this point. Thank you. We'll stick with this in case the

:44:21.:44:24.

media ask any questions of Clare Blackman.

:44:25.:44:33.

We heard from Clare Blackman, Sergeant Blackman's wife who has

:44:34.:44:35.

been campaigning for years on this issue. We also heard from author,

:44:36.:44:42.

Frederick Forsyth. And you heard Patrick Hennessy Clare Blackman say

:44:43.:44:46.

that for her husband it was a terrible tour of Afghanistan. Some

:44:47.:44:52.

indication which is what he has persuaded the judges' of that he,

:44:53.:44:57.

his mental health was not as it should have been when he was out on

:44:58.:45:01.

the battlefield? I know there will be questions to be answered as to

:45:02.:45:04.

who was in the role of monitoring the mental health of someone like

:45:05.:45:10.

Simon Blackman? Should he have been leading patrols if he was under that

:45:11.:45:16.

pressure? Should there have been greater rotation of individual

:45:17.:45:22.

units. I'm not how much of a conspiracy there is to unearth. The

:45:23.:45:28.

court was obviously persuaded by the evidence. You were telling us that

:45:29.:45:34.

this will have real implications for officers and their groups of

:45:35.:45:39.

soldiers and who they allow to be on the frontline?

:45:40.:45:46.

You are looking at the robustness of people you put in leadership roles

:45:47.:45:53.

and how they are responding over the duration of a tour. And people will

:45:54.:45:56.

be in perfect mental health at the beginning and go through things that

:45:57.:46:00.

degrade them and the implication here is that his unit had been

:46:01.:46:03.

involved in such a degree of fighting that had been so intense,

:46:04.:46:07.

the losses they had encountered were so severe it had that effect on him.

:46:08.:46:13.

All individuals are different. Some people who are totally fine soldiers

:46:14.:46:17.

may take more to break them or less. That is something you are going to

:46:18.:46:21.

have to be realigned to in future. You cannot have this sort of thing

:46:22.:46:26.

being somehow justified or allowed because at the end of the day in a

:46:27.:46:34.

matter what crime he did did not commit this is bad at being a

:46:35.:46:37.

soldier. You do not want to be sitting, shooting injured

:46:38.:46:42.

insurgents. It is going to be damaging for the international

:46:43.:46:45.

reputation of the British military. We have to find a way to look after

:46:46.:46:49.

the mental health of our people but maintain the highest possible

:46:50.:46:53.

standards in the field. Someone says I come from a military family and I

:46:54.:46:59.

disagree with this verdict. With the case of his mental health should the

:47:00.:47:03.

man in the grips of battle be trusted with a loaded rifle and the

:47:04.:47:06.

feet of another human being, regardless of him being a Taliban

:47:07.:47:11.

insurgent? With regards to the video he clearly knew what he had done was

:47:12.:47:16.

wrong and illegal, it did not sound like someone of Owens and blamed.

:47:17.:47:19.

Where is the justice for the family of the young man murdered? Another

:47:20.:47:25.

person says this judgment will serve to put people off joining the armed

:47:26.:47:30.

forces on the whole. The country does not deserve people like Sargent

:47:31.:47:34.

Blackman, that they will be make the rules do not have the balls to do

:47:35.:47:37.

what people like sergeant like-minded. You raised your

:47:38.:47:43.

eyebrows. I do not think it will put people off joining the armed forces.

:47:44.:47:47.

I do not think people join thinking they will be looked after completely

:47:48.:47:52.

if they should somebody who was injured and posing no threat. They

:47:53.:47:55.

have not said you did not do anything wrong, they have said you

:47:56.:47:59.

should not be convicted of murder. It sounds as if there were failings

:48:00.:48:03.

in the original court martial. There may have been failings in the way

:48:04.:48:07.

the defence was prepared. Perhaps from the outset they should've been

:48:08.:48:17.

looking more closely at the ministry sponsored ability and that was not

:48:18.:48:19.

done. A host of reasons why the verdict might be quashed which do

:48:20.:48:22.

not go so far as to say it is acceptable to do what he did.

:48:23.:48:29.

Because it is not. The manslaughter option was not available at the

:48:30.:48:32.

original trial. What about the mental health of people who serve in

:48:33.:48:37.

Afghanistan and elsewhere? You believe the Ministry of Defence

:48:38.:48:42.

takes it seriously? It is something the Ministry of Defence has been on

:48:43.:48:45.

a steep learning curve for. When I first joined the armed forces in

:48:46.:48:51.

2004 it was not done particularly regular slip it in the brief time I

:48:52.:48:56.

served we got much more aware of the importance of looking after people.

:48:57.:49:03.

My unit was attacked by suicide bombers than the driver of one of

:49:04.:49:06.

the vehicles was the only survivor and it had clearly rattled him --

:49:07.:49:12.

one of the only survivors. We did not want to serve him on but we

:49:13.:49:16.

thought we would take a couple of weeks and give him a different role,

:49:17.:49:20.

do not make him feel like a dead weight, he is doing something useful

:49:21.:49:24.

but he is not in quite a pinch point and he gets his mental fortitude

:49:25.:49:28.

back-up, and it maybe that was not being done in this case. As he been

:49:29.:49:32.

in a situation similar to the one sided Blackman found yourself --

:49:33.:49:41.

found himself in? I have been responsible for recovering severely

:49:42.:49:44.

injured insurgents who up to ten minutes before had been shooting at

:49:45.:49:48.

us. Part of your training is the ability to switch from trying to

:49:49.:49:54.

kill the enemy while they are engaging new to then giving them

:49:55.:49:58.

first eight and making sure they get back to a hospital in one piece.

:49:59.:50:02.

There is a very powerful military imperative to do that. If he is

:50:03.:50:05.

alive you do not know what information he is going to give you.

:50:06.:50:09.

We fight to break the will of the enemy. If the enemy thinks the only

:50:10.:50:13.

thing that is going to happen to them is they are going to get shot,

:50:14.:50:19.

they will fight to the death, but if they know they are going to be

:50:20.:50:22.

treated well, the first signs of things getting to the crunch

:50:23.:50:26.

Biddulph Road down their arms. There is a vast historical precedent for

:50:27.:50:31.

effective military operations being carried out humanely. It is bad at

:50:32.:50:35.

being a soldier of people think the only way out of it is if you tell

:50:36.:50:48.

them or they kill you. -- Umax to them or they kill you. You rock that

:50:49.:51:00.

on the head? I do not think there is a conspiracy. It sounds as if

:51:01.:51:04.

possibly mistakes were made by the first defence team. There were

:51:05.:51:08.

verdict is not available. It sounds as if might have been issues as to

:51:09.:51:11.

how rotations were being done at the camp. It will be interesting to see

:51:12.:51:19.

but who knows what is out there? When a ruling like this happens what

:51:20.:51:26.

sort of significance to the MOD in terms of the MOD, how significantly

:51:27.:51:30.

will they be looking at this? They will be looking at it because they

:51:31.:51:34.

will think we need to keep a very close eye on everyone going out on

:51:35.:51:40.

offensive operations. They will think maybe there has to be

:51:41.:51:43.

re-emphasis of certain parts of the education we are doing. They will

:51:44.:51:49.

also see a slight indication insofar as what the court appeal said is

:51:50.:51:56.

this guy is not a murderer, he had a very illustrious career and was a

:51:57.:51:59.

good marine up until that point. While you want to take something

:52:00.:52:04.

like that on board you do not want to drastically think, we are going

:52:05.:52:08.

to have to rethink everything we do. There remained over the course of

:52:09.:52:12.

the Afghan conflict tens of thousands if not hundreds of

:52:13.:52:17.

thousands of rotations of British service personnel and an incident

:52:18.:52:20.

like this very rare which is how it should be. Thank you. Patrick served

:52:21.:52:30.

as an officer in Afghanistan in 2007 and works as a barrister and is also

:52:31.:52:32.

an author. Let's get more on that

:52:33.:52:38.

Supreme Court ruling, saying people should be able

:52:39.:52:40.

to leave money to The case today focussed

:52:41.:52:42.

on a mother who gave most of her estate to charity,

:52:43.:52:46.

rather than to her The daughter had argued she should

:52:47.:52:48.

get more money from her mother and the daughter won

:52:49.:52:53.

in early court cases. But today the Supreme Court

:52:54.:52:56.

reduced the amount that Joining us now is Martin Oliver,

:52:57.:52:58.

the lawyer representing The reaction of you and your clients

:52:59.:53:16.

to this today? My client is very disappointed by the judgment today.

:53:17.:53:21.

As you said she was awarded ?50,000 at the very first instance by the

:53:22.:53:25.

district judge and the Supreme Court has found that is reasonable

:53:26.:53:31.

financial provision for her. As it is the highest court in the land,

:53:32.:53:35.

that is it. How is this going to affect Heather? Heather is naturally

:53:36.:53:44.

very disappointed by everything. This is the highest court. It is not

:53:45.:53:47.

going to go any further than this and this is the final judgment. In

:53:48.:53:52.

practical terms? She is not going to get any more money. In practical

:53:53.:53:58.

terms years of very hard-working mother who brought this claim. She

:53:59.:54:05.

was looking for in her opinion reasonable financial provision.

:54:06.:54:07.

She's going to struggle going forward. She certainly did not wish

:54:08.:54:11.

to be brought into the limelight on this type of matter. In the end

:54:12.:54:19.

probably most sensible people will think the Supreme Court came to the

:54:20.:54:23.

correct decision today. When you write a well you leave your stuff to

:54:24.:54:30.

whoever you want to. I can understand why they may come to that

:54:31.:54:34.

but there is legislation that says that reasonable financial provision

:54:35.:54:39.

if it has not been left, and Heather was in that category to bring the

:54:40.:54:44.

claim, it is an objective test, but there is quite a wide discretion as

:54:45.:54:48.

to the amount people are entitled to. He had been estranged for some

:54:49.:54:52.

time. What was the relevance of that? The strange and is one of the

:54:53.:55:01.

factors that was looked at by the judge but it was phoned by the

:55:02.:55:05.

district judge at the beginning that the reasons for the estrangement,

:55:06.:55:08.

there was some fault on behalf of the mother which led her to make the

:55:09.:55:17.

will that she did. Thank you. The lawyer representing Heather. Our

:55:18.:55:28.

correspondent has been bringing you the news about marine marine A who

:55:29.:55:32.

has had his murder conviction register manslaughter on the grounds

:55:33.:55:41.

diminished responsibility. This a decision by five senior judges. They

:55:42.:55:45.

heard there's fresh appeal last month setting of the court-martial

:55:46.:55:50.

Appeal Court. The judgment was handed down a short time ago and in

:55:51.:55:55.

that judgment they have quashed his conviction for murder and

:55:56.:55:58.

substituted a verdict of manslaughter on the grounds of

:55:59.:56:04.

diminished responsibility. This is the second appeal. He appealed after

:56:05.:56:09.

he was convicted initially of murder. He was sentenced to life

:56:10.:56:13.

with a 10-year minimum turn. That was reduced to eight years but that

:56:14.:56:19.

first appeal did not succeed. The case was considered by the criminal

:56:20.:56:26.

cases review commission, the independent body that looks that

:56:27.:56:30.

potential miscarriages of justice and it was referred back for this

:56:31.:56:34.

fresh appeal and that judgment today that the murder conviction is

:56:35.:56:38.

quashed. Alexander Blackman was not in court himself to hear the

:56:39.:56:43.

judgment. He remains in prison and what happens is a date will be set

:56:44.:56:48.

for a further hearing at which the appropriate sentence will be

:56:49.:56:53.

decided. That is the point at which Alexander Blackman will find out how

:56:54.:56:58.

much longer he will serve in prison. They could make a decision to

:56:59.:57:01.

release him. He could go free finally. Yes. It is possible. We

:57:02.:57:10.

will have to wait and see what they consider the appropriate sentence to

:57:11.:57:16.

be. At the moment because of his murder conviction he had been

:57:17.:57:22.

sentenced to a minimum of eight years. That has been quashed and we

:57:23.:57:28.

have to see what the judges decide will be appropriate for the

:57:29.:57:31.

substituted manslaughter conviction and at the moment we do not have a

:57:32.:57:36.

date for that. His wife in her statement as she came out of court

:57:37.:57:41.

said this was the crucial aspect to find out what the sentencing would

:57:42.:57:46.

be and said this manslaughter conviction was more appropriate to

:57:47.:57:51.

what had happened, a more appropriate conviction than the

:57:52.:57:56.

murder conviction which she had faced until today. The reaction from

:57:57.:58:04.

clear Blackman, third and Blackman's wife, she was delighted. Yes, it has

:58:05.:58:12.

been a long campaign. For her and for other supporters. That have been

:58:13.:58:26.

in court throughout this long illegal process. -- legal process.

:58:27.:58:31.

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