Too Young to Die Crime Scenes Scotland: Forensics Squad


Too Young to Die

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Transcript


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and you could see her hands which had been bound by cable-tie.

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I believe in Scotland we've been able to deliver a unique service.

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To identify suspects is one thing, and then to prove

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people are guilty of a crime is something completely different.

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Although you see a lot of dead people, you treat

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everyone as an individual and with respect and with humanity.

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Forensic scientists - they are silent witnesses,

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and they are the eyes and ears of law enforcement.

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19th century forensic pioneer Edmund Locard said,

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"Every contact leaves a trace."

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This shoe is responsible for this mark.

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You can see the fingerprints in the corner there.

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They could be when the note was getting pushed over to the cashier.

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Today the forensic teams catch more killers than ever.

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We reveal exactly how

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in never seen before detail with images from real murder scenes.

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Scotland's forensic scientists are world class.

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In murder cases their success rate is over 90%.

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Ironically, Scotland has Western Europe's

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worst murder rate per capita.

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But this small country has developed a unique forensic service.

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Probably if you go back to 2005/2006,

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whenever we started looking at forensic science,

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we realised that we had a very fragmented service.

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We had scenes of crime officers

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who worked for eight different Scottish police forces.

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We had four separate laboratories

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and we had a single Scottish fingerprint service.

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Now, whenever we looked at that as a whole,

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we realised that these services were not integrated in any way.

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One of the visions that I had was a crime scene to court service

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where you could actually bring all those agencies together.

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We now do have that.

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I don't know anywhere else in the world -

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and I've looked at it all over the world - where you have that,

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you know, that partnership that's so from the beginning.

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This series reveals exactly what happens - from crime scene to court.

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Beginning with two of Scotland's most notorious murder cases.

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It was just a horrific murder all round.

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Every aspect of it just defies belief.

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I think they were hoping to find a large pool of blood

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and this would all become very obvious. But it didn't.

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Angelika Kluk - a pretty 23-year-old languages student from Poland -

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found work and lodgings at St Patrick's Roman Catholic church

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in Anderston, Glasgow. She lived adjacent to the church,

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which should have been a safe haven for a young woman far from home.

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But one day, with all her belongings left behind, Angelika disappeared.

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Angelika was last seen on Sunday 24th of September

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within the grounds at the church in William Street.

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She's left there without her handbag, any money or a jacket.

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We are very worried about it. It's totally out of character.

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She's a very responsible person.

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As concerns grew,

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police swung into action, searching in and around the church.

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But they found nothing.

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Five days after Angelika disappeared,

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the Senior Investigating Officer

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brought in the elite Specialist Search Team.

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They conducted a methodical search inside the church,

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discovering a carpet tiny fractions out of line.

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Hidden below was a small wooden hatch.

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What initially was a missing person investigation then became a

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murder investigation with huge, huge public interest throughout the UK.

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Right away you're saying to yourself, this is not a standard murder

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enquiry that we normally deal with.

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From the word go, it's a category-A murder, it's a whodunnit.

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A major forensic operation swung into action.

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Very quickly, as an experienced Senior Investigating Officer,

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I was thinking about the complexities,

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because you don't just think about the evidence.

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You think about what other things are going to come up from a defence point of view.

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The body would be identified as Angelika Kluk.

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But early in the investigation that was far from obvious.

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What I could see from above the hatch,

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it was quite clear there was a body there - appeared to be female.

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A person was underneath there with a tarpaulin over the top of them,

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like a bag of rubbish. Total disrespect for human life.

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You could see plastic covering over the body

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and you could see her hands which had been bound by cable-tie.

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But being mindful of removing that without disturbing it

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or disturbing evidence, we needed the best.

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So we called in a team. The key person was Carol Weston.

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I felt very strongly from the beginning that Angelika's body

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had to be sampled in situ and that she shouldn't be moved

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to the mortuary prior to any evidence being recovered.

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So I wanted to actually go under the floorboards down beside the body

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so I could get the maximum amount of forensic evidence.

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On the advice of the forensic science team,

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I decided to leave the remains in the deposition site.

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Now for me, that was a big, big decision,

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but it was the correct decision.

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The advice I got was, if we moved Angelika Kluk, we could have - and

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I would say we probably would have - lost important forensic evidence.

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Not only was the hatch very small but it was actually

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bisected by a beam which was a supporting beam to the floor.

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The body was directly under this beam.

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So a lot of discussion took place about - can we cut the beam?

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Can we cut the floorboards?

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And for various reasons, we couldn't do that.

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So the approach was, I was going to have to squeeze down this small

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opening and actually get down beside the body to do the examination.

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The first thing we had to do was to remove the items that were

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actually obscuring her body, which was a tarpaulin

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and a black bin bag with items in it.

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So the first thing I did was pass these things up through

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the hatch to the crime scene manager and then that exposed Angelika's

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clothing and body to allow me to do the rest of my examination.

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At first we were worried because it smelt

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so strongly of decomposing matter, we were worried there was perhaps

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other body parts or something else down there biological.

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But it turned out it was very heavily blood-stained clothing -

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a towel and also what in our opinion was the murder weapon

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used to stab Angelika, so, a knife.

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It was apparent she'd been stabbed multiple times

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and it was apparent she was bleeding from the head.

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She had been gagged and she had tape tied round her mouth

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so it was obviously a very violent death.

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Standard forensic practices weren't enough to gather evidence.

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Because what was rare and exceptionally challenging in this

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murder was the body had been hidden under floorboards in a cold, dark,

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cramped space, making collecting samples extremely difficult.

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But there was no other choice.

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She was clothed. However, her clothing was in disarray.

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Her fly to her trouser was open and her upper clothing had all

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been pushed upwards above her breasts, exposing her abdomen

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and partially exposing her breasts, and there was obvious damage

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to her top in that she'd been stabbed through her clothing.

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Eventually we did take all her clothing off in situ.

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The reason for that was to preserve anything that was on the clothing.

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Once Angelika had been stripped,

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then we could look at actually moving the body.

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I thought the whole examination would perhaps take about an hour

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and I was really shocked when I came out from under the floorboards

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and realised just how long I'd actually been there.

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Three-and-a-half hours.

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The earth beneath Angelika had to be laid out in grids, removed and

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sieved in case there was something significant buried in the soil.

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Key exhibits were logged.

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The work of our scientists in biology, chemistry,

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mark enhancement and scene examination was really

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brought to the fore throughout this whole investigation.

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Once we were satisfied that the scientists had retrieved all

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forensic evidence, arrangements were made to remove the

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human remains from the deposition site.

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At that point, the pathologist came and took intimate samples to

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recover any body fluids which would prove any sexual activity.

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I witnessed the swabs being taken and then left

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because I knew that this was just really the beginning of what

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was going to be a massive operation.

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At the end, when you're putting a body in a body bag,

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that sometimes is the point where it actually hits you.

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You've finished your examination.

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You've stopped thinking so much just as a scientist

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and I think that's maybe when it starts to become a bit real.

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You're always very aware that you're dealing with somebody's daughter,

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somebody's sister, somebody's brother, whatever.

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It's never just a piece of evidence. It's always a person.

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Meantime, the police investigation continued under the intense glare

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of the world's media and the worried public.

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Suspects had to be identified and eliminated.

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We had to look at people that were close to her, people that were

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in the area. To look at all that, we had to eliminate people.

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There were various interesting, shall we say,

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witnesses that appeared, that had been at the scene,

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had been involved with the church, who knew Angelika.

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So there was very salacious media reporting on that

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and I was aware, early days, that there would be.

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It was shocking to be taken aside and to be told that

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they didn't know who had killed her and that

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until they had worked out who had killed her,

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everybody was a suspect, up to and including the parish priest.

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I never actually met the priest but as I started reading the paper, like

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everybody else, you start to get this picture of the priest and he was

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coming out himself and saying about he was having relationships, etc.

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Father Nugent was a very unusual priest.

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I mean, someone once said about him that he

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had an excess of charity but a lack of discretion.

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He probably didn't have the filter that was required.

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The investigation was very unusual

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with the number of suspects in the frame.

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But there was one other suspect.

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The last person to be seen with Angelika, the church handyman,

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known to everyone as Patrick McLaughlin.

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He quickly became the police's prime suspect.

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But hard evidence was still needed to crack the case.

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We had to be very, very careful until we had the DNA evidence.

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Because we were all of the opinion this was a sexually motivated

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murder, the first thing we wanted to do was to establish if there was

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any seminal fluid inside or on Angelika's body and clothing.

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Seminal fluid is a fantastic source of DNA and that would give us

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a sort of starter.

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So we went into the laboratory and the swabs that the

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pathologist had taken were all processed.

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And within a few hours, we knew that Angelika Kluk had semen inside her

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body and that the amount and the distribution of the semen

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suggested that she had had sexual intercourse round about the time

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that she had been murdered.

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I knew at that point that I was going to get a DNA profile

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that would give a name to the police,

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hopefully to start off an investigation.

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So, as well as all the initial emotions, you're also feeling relief

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and just really motivated now to move forward

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and to get your DNA profile and to get this case moving.

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The DNA's actually contained within the sperm cells themselves.

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By assessing the amount of seminal fluid via the sperm cell count,

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you're assessing the amount of activity

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and, to an extent, the time since ejaculation actually occurred,

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since the semen was deposited in the vagina.

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In just over two decades,

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DNA profiling has transformed forensic science.

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Now the DNA robot produces a profile in only ten hours.

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But this is not the end of the process.

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The Scottish DNA database is in the £23 million

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forensic super-campus in Dundee.

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I will send a profile up to them electronically.

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They will then compare it against all the profiles they hold -

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which is about 280,000 -

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and then they will notify me back if there's been a hit or not.

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It's the moment scientists live for or dread.

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In this circumstance, there wasn't.

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It is your worst nightmare when you do a lot of work,

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you get a profile and then you've got no name.

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After all the gruelling work, attention to detail, long hours,

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patience and hopes, the result was a bitter disappointment for Carol.

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What you've got to remember is whoever's done this is, at this

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point, still at large and still has the ability to do it again.

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The murder was in Scotland. The prime suspect Scottish.

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A hit on the database held in England seemed remote.

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Carol had an agonising overnight wait.

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Back at the church, progress was equally frustrating

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for Michael Young and the team.

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In the early stages, we couldn't quite figure out

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where she'd been murdered.

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I was going round with my inspector and another police officer,

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and my inspector had a huge bunch of keys.

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And they were searching all these rooms,

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hoping to find some clear indication of where she'd been murdered.

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And I think they were hoping to find a large pool of blood

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and this would all become very obvious. But it didn't.

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One room was particularly important.

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Only a few short days before,

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church handyman Patrick McLaughlin lived there.

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He disappeared, leaving tools

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and materials that proved to be incriminating.

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He had good reason to run.

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But before he did, he showed how cold and calculating he was.

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He spoke to the police officer and then very quickly realised,

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the heat's on here, he could get found out and he left.

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That's the coward he is, he left.

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Three days after Angelika's body was found, progress was being made.

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But Carol still needed that crucial match to the DNA profile.

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It didn't take long to get a response from the English database.

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Within about half an hour we got a name back,

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and the name was Peter Tobin.

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They told me that Peter Tobin was a convicted sex offender,

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and they told me that he was on the database

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because he'd been convicted of a sexually motivated crime.

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This is Peter Tobin.

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Hampshire Police wish to talk to him after two school girls were

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sexually assaulted and imprisoned in a flat in Havant.

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In 1993, Tobin drugged and raped two 13-year-old girls in Hampshire.

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He abandoned the flat,

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leaving the gas on and the terrified girls inside.

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In 1994, he was sentenced to 14 years at Winchester Crown Court

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and served nine.

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After his release, he returned to Scotland.

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In 2005, after attacking a 24-year-old woman with

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a knife in his Paisley flat, he fled.

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His next known victim was at St Patrick's Church.

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That left only one place to be thoroughly investigated -

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the garage.

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We went into the garage

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because that was the last place she'd been seen alive,

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and we wanted to establish had she been assaulted or murdered

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within the garage.

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So primarily we're looking for blood and a blood pattern.

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It wasn't obvious to anyone that there was anything in there.

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But I remember Carol finding a very, very tiny blood spot within

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the garage and she put a highlighter pen round it.

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And then she found another one and another one.

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And I remember standing back and seeing the fine spray

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within the garage, which wasn't visible at first because of

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the dark red sandstone brick, but when it was highlighted

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you could see the fine spray of blood that had gone up

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onto the walls and on to the ceiling etc.

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What we're looking for is small blood spots that would tell us

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that someone had been struck or stabbed or assaulted within

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the vicinity of the garage, and ultimately that's what we found.

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Small blood spots - which we term impact spatter blood spots

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- on the concrete floor.

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These kind of blood spots, the size of them, these are produced

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when someone is beaten, or struck, kicked, that kind of thing.

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So as soon as we found these small blood spots

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we knew that we'd found the right place.

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It took four days to painstakingly examine

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and log every item in the garage.

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Then another vital discovery was made.

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Angelika was last seen alive helping to paint a garden shed.

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He had moved the garden shed, put it outside,

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a small garden shed where the attack had started,

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was dismantled a few days after her body was discovered.

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Peter Tobin was definitely forensically aware.

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He, with the assistance of others, moved that shed and rebuilt it

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and painted it.

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That is the length that he went to, to conceal his act.

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To murder a girl in the manner in which he did and then

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transport her body from the garage through a chapel, put her underneath

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a hatch, without leaving any trace, was quite difficult, I would imagine.

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And I always say that he probably intended to move her and that is

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a temporary place he's put her and his intention was to take her away.

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We'll never know that. Only Peter Tobin knows that.

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It's a chilling thought that you have someone that's so cool,

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calculated and went to such great lengths

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concealing Angelika Kluk under the floorboards,

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and tidying up after it.

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Forensic evidence was gathering against Peter Tobin, including

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a blood-soaked wooden table leg police found in the church grounds.

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Also piling up in the case against him

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was forensic fingerprint evidence.

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Prints found on the black bin bag

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and tarpaulin at the murder scene were cross checked with

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the Ident-1 database which holds 10 million prints.

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The tiniest details were examined and it was a big result.

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The prints matched Peter Tobin.

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We had the knife which, although the knife had been cleaned,

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it had Angelika's blood on it.

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We were of the opinion that that was the murder weapon,

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as in, that had been used to stab her.

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If you clean a knife very well, you tend to still leave trace amounts

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of blood and what we had here was the crevice,

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where the handle and the knife blade actually joined together,

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there was a significant amount of blood.

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Several days later we were given a table leg, a wooden table leg.

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Although it had been outside for a good couple of weeks,

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and in the rain,

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we managed to get trace amounts of blood from this table leg.

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And we were of the opinion that this had been used to strike her.

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So we could obtain a DNA profile that matched Angelika Kluk.

0:21:270:21:31

While evidence stacked up against Tobin,

0:21:360:21:39

a nationwide manhunt was launched to track him down.

0:21:390:21:42

Then a lucky breakthrough.

0:21:420:21:44

He had checked into a London hospital, again under a false name,

0:21:440:21:49

but an alert nurse recognised his picture and contacted the police.

0:21:490:21:52

Within days of Angelika's body being found, Tobin was arrested.

0:21:540:21:58

Then even more damning forensic evidence surfaced.

0:21:580:22:03

He had on a T-shirt, a white T-shirt, which was

0:22:030:22:06

stained on the lower front and that staining proved to be a mixture

0:22:060:22:11

of Peter Tobin's semen and seminal material matching Angelika Kluk.

0:22:110:22:15

Tobin was taken back to Scotland to stand trial for the horrific

0:22:170:22:21

rape and murder of Angelika Kluk.

0:22:210:22:23

She was a young girl. She was over here in a strange country.

0:22:280:22:31

She was living her life.

0:22:310:22:33

She was trying to better herself and this is what's happened to her.

0:22:330:22:37

In the same week Peter Tobin was arrested for the murder

0:22:450:22:48

of Angelika Kluk, another high profile murder trial had just begun.

0:22:480:22:53

When a random, heartless murder shocked Glasgow,

0:22:530:22:57

it was a killing that desperately needed to be solved

0:22:570:23:00

because of a potentially explosive racial dimension to the crime.

0:23:000:23:04

15-year-old Kriss Donald was kidnapped in broad daylight,

0:23:040:23:08

tortured and murdered.

0:23:080:23:10

The Clyde walkway, used by cyclists and joggers,

0:23:120:23:15

was where his body was found.

0:23:150:23:17

The body was lying at the foot of a grassy slope.

0:23:190:23:23

He was partially clothed and had extensive burn injuries.

0:23:250:23:29

He looked very small. In fact, he was a child at that time.

0:23:310:23:34

He was 15.

0:23:340:23:36

And it was a very, very bleak sight.

0:23:360:23:39

Everyone was very quiet and respectful.

0:23:390:23:43

Pauline and forensic chemist Ruth Ramage

0:23:470:23:49

were both called out that day in 2004.

0:23:490:23:52

The deceased was lying over there.

0:23:540:23:56

And on the edge of the logs there was what looked like spots of blood.

0:23:570:24:02

I think when you and the other biologists came up

0:24:020:24:07

and looked at that area...

0:24:070:24:09

Yeah, there was more to be seen in amongst the logs.

0:24:090:24:12

We're just approaching the logs now.

0:24:120:24:15

So, on and in amongst all these logs, there was blood staining,

0:24:150:24:20

drop spots of blood and a larger pool of blood just on the dirt track.

0:24:200:24:24

The pathologist said 15-year-old Kriss Donald was stabbed

0:24:270:24:31

13 times in unusual circumstances.

0:24:310:24:33

When someone's stabbed the natural instinct,

0:24:360:24:38

if they can, usually is to raise their hands and arms

0:24:380:24:42

to try and defend themselves, and they often sustain

0:24:420:24:44

cuts and stab wounds to their hands and arms, and Kriss had none.

0:24:440:24:48

And in the absence of any other explanation in Kriss's case,

0:24:480:24:53

it suggested that it was likely he'd actually been restrained

0:24:530:24:55

by one or more individuals whilst he was being stabbed.

0:24:550:24:59

And in between two of the logs there was charring on the ground as well.

0:24:590:25:03

Yes. And even the burnt fabric on the logs

0:25:030:25:07

and around the logs - it was a smell of petrol as well.

0:25:070:25:10

Yes. That was the assault site.

0:25:100:25:13

And then with the charred pieces of fabric that had led on

0:25:130:25:16

to the grass from here, and down towards where he was found.

0:25:160:25:20

His tracksuit trousers had totally been consumed in the fire

0:25:200:25:23

apart from the waistband.

0:25:230:25:25

So that tied in with the pieces of fabric lying around the area.

0:25:250:25:30

When accelerants are used, you can be set alight when you're alive

0:25:300:25:34

and not inhale any soot or carbon monoxide.

0:25:340:25:37

And the circumstances suggested that he was probably set alight

0:25:370:25:41

whilst he was still alive.

0:25:410:25:45

What we are ultimately trying to do is give answers.

0:25:450:25:48

Now that can be answers for the public and the justice system.

0:25:480:25:51

But it can also be answers for the family themselves

0:25:510:25:53

and those that are left behind.

0:25:530:25:56

Tyre marks at the murder scene could have come from a vehicle that

0:25:590:26:02

was involved in the crime.

0:26:020:26:04

Ruth took tyre casts with the faint hope a vehicle would

0:26:040:26:07

eventually be found with matching treads.

0:26:070:26:11

After that, Pauline struggled to take skin samples,

0:26:110:26:14

trying to find DNA from the killer.

0:26:140:26:17

But the skin was very badly charred and no skin cells were usable.

0:26:170:26:22

Nothing was going well in this investigation.

0:26:220:26:27

But police had a witness.

0:26:270:26:29

When Kriss was attacked and kidnapped by five Asian men

0:26:290:26:33

his friend Jamie Wallace was with him.

0:26:330:26:36

He said, "I'm only 15, I'm only 15," and they said,

0:26:360:26:39

"Do you know what pain is? You're next."

0:26:390:26:41

They were saying about me, I was next.

0:26:410:26:44

Then after that I saw him getting dragged into the car,

0:26:440:26:46

head first, and the two doors slamming.

0:26:460:26:49

And they sat on him and they started punching into him.

0:26:490:26:52

The prime suspect was a thug,

0:26:520:26:54

notorious and feared in his own community.

0:26:540:26:57

He appeared to be quite a significant individual within

0:26:570:27:01

the Pollokshields area.

0:27:010:27:03

Very into saving face.

0:27:030:27:05

His reputation appeared to be very precious to him.

0:27:050:27:08

And we believe there was an incident the night before the abduction where

0:27:080:27:11

he was in the city centre of Glasgow where he certainly lost some face.

0:27:110:27:16

Some local boys from the Pollokshields area would have

0:27:160:27:20

appeared to have made fun of him, ridiculed him in some way.

0:27:200:27:24

He was unable to do anything about it at that time

0:27:240:27:27

and he would appear to have been incandescent with rage

0:27:270:27:31

about this and sought to take some sort of action to re-assert himself.

0:27:310:27:35

Kriss was kidnapped in broad daylight

0:27:350:27:38

and forced to endure what must have been a nightmarish journey.

0:27:380:27:42

It would appear to be that the intention was to murder him.

0:27:420:27:45

They would have been going to take him somewhere to do that.

0:27:450:27:49

I mean, this young boy, he wouldn't know what's happening to him.

0:27:490:27:53

He would be absolutely petrified by what's going on.

0:27:530:27:56

Five guys there who are very agitated.

0:27:560:27:59

They've just abducted a young boy.

0:27:590:28:01

You've got a leader who's looking to save face,

0:28:010:28:04

who's looking to regain his reputation, he doesn't appear

0:28:040:28:07

to care to what lengths he needs to go to do that.

0:28:070:28:09

It was just a horrific murder all round.

0:28:090:28:12

It was just, every aspect of it just defies belief.

0:28:120:28:16

Only three days after the murder - a major breakthrough.

0:28:160:28:20

Today a silver Mercedes was found in the West End of Glasgow,

0:28:200:28:25

in Granby Lane, and they believe it could be

0:28:250:28:28

the car that was used in the abduction of Kriss Donald.

0:28:280:28:30

The vehicle was a ball of flame

0:28:300:28:33

which the fire service heavily hosed.

0:28:330:28:35

This usually destroys evidence but forensics expert Ruth Ramage

0:28:350:28:39

discovered something distinctive and incriminating.

0:28:390:28:43

I could see there were three different patterns present,

0:28:430:28:45

and these patterns corresponded to the patterns at the locus.

0:28:450:28:49

It's quite unusual to have different patterns of tyres on a vehicle

0:28:510:28:56

and therefore I began to suspect that this might be a car that

0:28:560:29:00

was involved with the crime.

0:29:000:29:02

It was a dramatic breakthrough, and after more forensic examination

0:29:020:29:06

the car generated masses of evidence.

0:29:060:29:09

I then started to look inside the vehicle.

0:29:100:29:13

I could see the remains of green melted plastic

0:29:130:29:16

from a petrol container.

0:29:160:29:18

In addition to that,

0:29:180:29:20

I found the remains of a left Nike training shoe.

0:29:200:29:24

At the murder locus, Kriss Donald was wearing a right Nike training

0:29:250:29:29

shoe but the left shoe was not found to be present.

0:29:290:29:33

The shoe in the car was quite burnt

0:29:330:29:35

but you were still able to see the sole pattern.

0:29:350:29:38

So all we were able to say, it was a similar type of shoe with

0:29:380:29:41

a similar sole pattern.

0:29:410:29:43

Under no circumstances did we ever say that they formed one pair.

0:29:430:29:47

It's looking at all the little strands of evidence.

0:29:470:29:50

Though the car and paintwork were badly damaged,

0:29:500:29:53

Ruth's keen eye found tiny blood spots on the surface.

0:29:530:29:57

And I was called at that point to sample the blood

0:29:570:30:00

and it was found to match Kriss.

0:30:000:30:02

Of particular interest was a rolled up jacket - a leather jacket -

0:30:030:30:09

the pocket linings and the general lining of the jacket was quite

0:30:090:30:13

well preserved because it had been slightly folded over. Despite having

0:30:130:30:17

been set alight and subsequently hosed down by the fire brigade,

0:30:170:30:21

there was enough area that could be targeted for the collection of DNA.

0:30:210:30:26

Essentially we were looking for DNA that might match

0:30:280:30:31

the regular wearer of this jacket.

0:30:310:30:33

We analysed this sample and got a male profile

0:30:330:30:37

which was searched against the DNA database,

0:30:370:30:41

and we come up with a match - Imran Shahid.

0:30:410:30:46

On the journey with Shahid and the others,

0:30:500:30:53

Kriss heard hundreds of calls discussing his fate.

0:30:530:30:56

His killers destroyed their phones, thinking they'd outwit the police.

0:30:580:31:02

But phone calls meant phone records.

0:31:050:31:07

And their own community gave the police their numbers.

0:31:080:31:12

The records looked confusing so the multi-media unit created

0:31:160:31:20

a graphic map revealing every call made.

0:31:200:31:23

These guys were on their phones all the time.

0:31:250:31:27

They were constantly texting, phoning, folk contacting them

0:31:270:31:31

between 3.00 in the afternoon when Kriss was abducted

0:31:310:31:34

through until 8.00 at night when the car was set on fire.

0:31:340:31:36

And there was a period just around 3.00 in the afternoon,

0:31:360:31:40

which was around the time of the abduction,

0:31:400:31:43

20-25 minutes, no activity on the phones at all.

0:31:430:31:45

Calls were traced to Strathclyde Park outside Glasgow

0:31:450:31:48

where the Mercedes parked briefly.

0:31:480:31:51

Then the phones separated.

0:31:510:31:53

One of the gang had to get home because he was a convicted criminal

0:31:560:32:00

- his leg tagged for curfew.

0:32:000:32:02

Imran Shahid and the others set out on a 180 mile round trip

0:32:060:32:11

to Dundee with Kriss still jammed in the footwell.

0:32:110:32:14

It's not known why they took this journey.

0:32:210:32:24

And they returned to Glasgow under the cover of darkness.

0:32:240:32:27

There was another period of time after 7.00 at night,

0:32:270:32:31

another 20-25 minutes, no activity at all on the phones.

0:32:310:32:34

Now, the assessment is - and I believe it to be true -

0:32:360:32:39

that's the time the murder took place.

0:32:390:32:41

Five Asian men were being hunted for the kidnapping

0:32:430:32:46

and brutal murder of a white boy.

0:32:460:32:48

Adding to the growing tension in the area

0:32:500:32:53

was the BNP's arrival on the streets of Glasgow.

0:32:530:32:56

I know that the British National Party were up in Scotland

0:32:580:33:01

trying to drum up support,

0:33:010:33:03

and they were really using the Kriss Donald one as a catalyst for that.

0:33:030:33:06

We're not blaming, you know, the Muslim community.

0:33:060:33:09

We're blaming primarily the police and the thugs, the thugs involved.

0:33:090:33:14

Community leaders, they were very much on-side

0:33:140:33:17

because they knew that five evil men had murdered a young

0:33:170:33:22

15-year-old boy and it just could not be allowed to go unpunished.

0:33:220:33:26

And they helped us every way they could to identify them.

0:33:260:33:29

What we did was, we got two of the guys very quickly.

0:33:290:33:32

Daanish Zahid got 22 years - the first man in Scotland to

0:33:340:33:38

be convicted for a racially motivated killing.

0:33:380:33:40

Zahid Mohammed, the tagged criminal who left Strathclyde Park,

0:33:430:33:47

got five years.

0:33:470:33:49

But three other suspects had escaped to Pakistan

0:33:490:33:52

which has no extradition treaty with the UK.

0:33:520:33:55

There was always this fear that - have they managed to evade justice?

0:33:550:33:59

Have they managed to get away and get to a safe haven?

0:33:590:34:02

And I think that's what their thought process was.

0:34:020:34:04

They wouldn't need to be brought to justice for the horrific

0:34:040:34:07

crime they'd committed.

0:34:070:34:09

We had to submit a case to Crown in Scotland to say look,

0:34:120:34:15

this is the case against these five individuals.

0:34:150:34:18

And they were, they were happy with that.

0:34:180:34:20

But we then had to kind of redo the whole thing again

0:34:200:34:22

and prove then to the Pakistan authorities that look,

0:34:220:34:25

we're not wanting them on suspicion, we're not wanting them

0:34:250:34:28

because we don't think there's a case to answer.

0:34:280:34:31

Although negotiations went well,

0:34:310:34:33

the possibility of finding the fugitives seemed remote.

0:34:330:34:37

An agonising 16 months later,

0:34:370:34:40

they were finally captured in a village in rural Pakistan.

0:34:400:34:45

They tried to escape - jumped out from the building

0:34:450:34:49

and escaped to the crops.

0:34:490:34:51

And then my team and I chased them

0:34:510:34:56

and arrested them after a long struggle.

0:34:560:34:59

Because there's no extradition treaty between the UK

0:34:590:35:02

and Pakistan, Britain's first Muslim MP, Mohammad Sarwar,

0:35:020:35:07

used his influence to get the suspects repatriated.

0:35:070:35:11

I managed to convince the Interior Minister

0:35:110:35:15

and the President that it is very crucial,

0:35:150:35:19

not only for the family of Kriss Donald,

0:35:190:35:24

it is crucial for the race relations in Britain

0:35:240:35:27

to ensure that these accused are brought back to the United Kingdom.

0:35:270:35:32

The three killers were locked in a holding cell in Pakistan.

0:35:320:35:36

Meantime in Scotland,

0:35:360:35:38

Robbie Allan waited a further long, nerve-jangling three months

0:35:380:35:42

for a decision from the Pakistani government.

0:35:420:35:44

We actually managed to secure a one-off extradition with Pakistan,

0:35:440:35:49

which meant that a team of us went out to Pakistan

0:35:490:35:53

and brought the three of them back.

0:35:530:35:55

It was right that they sat in a court in Scotland

0:35:550:35:57

and faced their accusers.

0:35:570:35:59

Intensive forensic evidence against Imran Shahid,

0:36:020:36:05

his brother Zeeshan Shahid and the third suspect,

0:36:050:36:09

Mohammed Faisal Mushtaq, now had to stand up in court.

0:36:090:36:12

When you're in court it's quite intense.

0:36:120:36:15

You have to be well familiar with the case

0:36:150:36:17

and be prepared to fully discuss all aspects that you've examined.

0:36:170:36:21

You piece together all the different bits of evidence that you have

0:36:230:36:27

and in this case it was the tyre impressions,

0:36:270:36:29

the petrol can in the car, the training shoe within the car

0:36:290:36:32

and the other training shoe worn by the deceased.

0:36:320:36:35

And you make a final conclusion using all those strands of evidence.

0:36:350:36:38

Counsel for defence was the formidable lawyer,

0:36:400:36:42

Donald Findlay, QC.

0:36:420:36:44

DNA and its significance is grossly overstated by the prosecuting

0:36:450:36:50

authorities and it's certainly over-valued by the public at large,

0:36:500:36:55

who of course, in fairness to them,

0:36:550:36:57

get their impression from television programmes such as CSI

0:36:570:37:01

where Grissom or Horatio Caine will come along and say,

0:37:010:37:06

ah there's DNA, crime solved. And somebody's locked up,

0:37:060:37:10

serving life imprisonment, always in 47 minutes and eight seconds.

0:37:100:37:13

It doesn't work that way.

0:37:130:37:15

At the end of the day, my job and the job of my scientists is to

0:37:150:37:20

make sure we provide the best scientific evidence to that court

0:37:200:37:23

and present it in the best way, and that's what we focus on.

0:37:230:37:26

When we got that to court, we were really presenting a strong case -

0:37:280:37:32

to both trials because obviously we presented it twice -

0:37:320:37:34

once when the two of them, two of them went up and

0:37:340:37:37

then once when the three of them came back from Pakistan.

0:37:370:37:40

Imran Shahid - 25 years minimum.

0:37:400:37:44

The judge told him, "You are a thug and a bully with a sadistic

0:37:440:37:48

"nature and you are not fit to be at liberty in a civilised society."

0:37:480:37:52

CROWD SHOUT

0:37:520:37:53

Miscarriage of justice!

0:37:530:37:55

Faisal Mushtaq also hearing the anger of the crowd.

0:37:550:37:58

INDISTINCT SHOUTS

0:37:580:38:00

Scumbag!

0:38:000:38:01

Finally, Zeeshan Shahid. No remorse here.

0:38:010:38:05

Animal!

0:38:050:38:08

Absolutely no remorse at all.

0:38:080:38:10

No empathy at all with the fact it's a 15-year-old boy who

0:38:100:38:14

they had never known, they randomly picked off the street

0:38:140:38:18

and murdered in the most horrific way. Quite chilling.

0:38:180:38:22

No matter where they came from or who they were,

0:38:230:38:27

they killed this young boy.

0:38:270:38:30

And I think that's how Glasgow saw it.

0:38:300:38:33

Justice at last for Kriss's family.

0:38:370:38:40

A mother and sister who have waited two-and-a-half years

0:38:400:38:43

to see his killers jailed for life.

0:38:430:38:45

Justice has been done. Thank you. It is over.

0:38:450:38:50

Tobin had been arrested for Angelika Kluk's murder

0:38:580:39:01

while Kriss Donald's killers were on trial.

0:39:010:39:03

Now he'd be tried.

0:39:050:39:08

Angelika's sister, Aneta, wanted justice.

0:39:080:39:12

The moment of truth had arrived.

0:39:120:39:14

Carol Weston and her evidence would be on trial too.

0:39:140:39:17

Part of the process in preparing for court for the defence

0:39:190:39:22

and the prosecution is a meeting called a precognition.

0:39:220:39:25

We are impartial scientists so we can chat to either side

0:39:250:39:28

and just get across what our evidence means to them.

0:39:280:39:31

And I do remember very clearly Mr Findlay saying to me,

0:39:310:39:34

"Is this what you're going to say in court?"

0:39:340:39:36

And I said, "Yes, it is." And he said,

0:39:360:39:38

"Well in that case, I'm going to have a big problem with you."

0:39:380:39:40

And he did.

0:39:400:39:42

The trial system that we have, whether you like it or not,

0:39:420:39:45

is an adversarial system and it is for the Crown to overcome every

0:39:450:39:49

legitimate hurdle that we put in the way of them proving their case.

0:39:490:39:55

Thereby we hope that,

0:39:550:39:57

if somebody is convicted, the conviction is justified.

0:39:570:40:01

I don't know anybody that enjoys going to court.

0:40:010:40:03

To me, court's a wee bit like going to the dentist.

0:40:030:40:06

They generally like to get the scene examiners in as one

0:40:060:40:08

of the first witnesses to lay out a scene for the jury and for the court,

0:40:080:40:12

and to tell you exactly what was there when you got there,

0:40:120:40:15

because we're first in to the crime scene.

0:40:150:40:18

Increasingly, evidence is presented to juries in a virtual form

0:40:180:40:21

to help depict a scene.

0:40:210:40:24

But this doesn't reduce the need for accurate forensic expertise.

0:40:240:40:28

Sometimes they'll attack your opinion very strongly

0:40:300:40:33

and that can be, it can be very hard, but if you know you're right,

0:40:330:40:36

you know your science is right, you stand there and you defend it.

0:40:360:40:40

And if that takes two-and-a-half days, that's what you do.

0:40:400:40:42

But it's not only lawyers that can be intimidating.

0:40:420:40:45

The first day I came out of Edinburgh High Court,

0:40:450:40:48

there was a whole bank of photographers and reporters outside.

0:40:480:40:51

They proceeded to chase me down the Royal Mile -

0:40:510:40:53

which is not a situation that we're used to dealing with.

0:40:530:40:56

I couldn't quite understand why they would want to do that -

0:40:560:40:59

and I think that's when it struck me that this was a big deal

0:40:590:41:03

and that people were actually very, very interested in this case.

0:41:030:41:06

The next day was my cross-examination.

0:41:060:41:09

It's someone who's questioning your ability, questioning

0:41:090:41:12

your integrity, questioning your professionalism, questioning

0:41:120:41:16

your job and, to be honest, trying to find the flaw in your work.

0:41:160:41:21

And erm, it's very, very hard.

0:41:210:41:23

Donald Findlay QC is renowned as one of Britain's finest,

0:41:260:41:29

toughest defence lawyers.

0:41:290:41:31

He knows exactly how to ask searching questions

0:41:310:41:34

and grill witnesses.

0:41:340:41:36

It was a lot of pressure. And the second day, I did go home

0:41:360:41:39

and as soon as I opened the front door, that was me in tears.

0:41:390:41:42

Then you've got to pick yourself back up and go and do it again.

0:41:420:41:44

It's not personal. It's strictly business.

0:41:440:41:47

So you compromised the evidence?

0:41:470:41:49

If somebody comes to give evidence, if they are particularly

0:41:490:41:54

a professional witness, then they must expect that their evidence

0:41:540:41:57

will be tested and if it is right, it will pass that test.

0:41:570:42:03

I don't set out to upset anybody.

0:42:030:42:06

But I will scrutinise what they say and will scrutinise it,

0:42:060:42:11

in some cases, in great depth.

0:42:110:42:14

But it's not designed to distress anybody.

0:42:140:42:17

It's the evidence that's being tested. It's not the witness.

0:42:170:42:20

To be called biased and to be called a liar,

0:42:260:42:29

it's very, very hard to take, but it's a court setting

0:42:290:42:33

and you should be able to rebut that quite successfully.

0:42:330:42:37

My part in the law is to say to the Crown,

0:42:370:42:40

if you're going to prove guilt, you've got to prove it beyond

0:42:400:42:43

a reasonable doubt and we'll do our best to make sure that you do.

0:42:430:42:47

I can live with that, whatever the outcome.

0:42:470:42:49

Sentencing Tobin to life imprisonment, Lord Menzies said...

0:42:490:42:54

The Angelika Kluk murder investigation - big, big result for

0:43:080:43:12

forensic science and DNA - a bigger result the fact that we put this

0:43:120:43:17

individual, who we then found out was a serial killer, behind bars.

0:43:170:43:22

Every murder leaves a lasting legacy -

0:43:220:43:26

especially one as brutal and cold-blooded as this.

0:43:260:43:29

This is me back at St Patrick's,

0:43:320:43:35

back at the church for pretty much the first time since

0:43:350:43:38

Angelika's body was found and since I carried out my crime scene work.

0:43:380:43:44

I wasn't looking forward to coming back

0:43:440:43:47

and it's actually quite emotional.

0:43:470:43:49

It's a lot harder than I thought it would be.

0:43:490:43:52

It's very unusual for a scientist to re-visit a scene.

0:43:520:43:55

It's quite harrowing coming back, now knowing the full facts,

0:43:570:44:01

knowing exactly what happened to Angelika, knowing that she

0:44:010:44:04

suffered a brutal death and knowing what she must have gone through.

0:44:040:44:09

Slight bit of closure maybe as well, now coming back,

0:44:090:44:12

knowing that the forensic work that we did has actually meant

0:44:120:44:16

that Peter Tobin has been caught for this

0:44:160:44:18

and that he's not going to be able to do anything like this again.

0:44:180:44:21

So, mixed emotions really.

0:44:210:44:23

There were calls for the church to be either permanently closed

0:44:250:44:29

and to have its use turned into something else or to be demolished.

0:44:290:44:33

Many sensible people felt that the crime was so horrific

0:44:330:44:37

and of such magnitude that the only fitting response would be to

0:44:370:44:41

literally send in bulldozers and destroy this building.

0:44:410:44:44

This church was kept closed for the best part of a year after

0:44:460:44:49

the Angelika Kluk case because it was, it was just too

0:44:490:44:53

raw for people to come back here, knowing exactly what had happened.

0:44:530:44:58

The Archbishop was always adamant that as far as he was

0:44:580:45:01

concerned this parish would reopen. The church would be preserved.

0:45:010:45:07

I think probably the focus was going to be on the parish being

0:45:070:45:10

reopened rather than the church.

0:45:100:45:13

The awfulness of her having been attacked and killed

0:45:130:45:16

and buried here is almost impossible to imagine.

0:45:160:45:20

So no amount of rational reflection takes that pain away.

0:45:200:45:25

But the fact remains that probably if he hadn't been caught here

0:45:250:45:29

he would have killed again.

0:45:290:45:31

I was very shocked when I saw Peter Tobin sitting in the dock

0:45:330:45:37

with his purple jumper and his purple shirt on.

0:45:370:45:39

To me, he just looked like a little man that you would

0:45:390:45:42

help across the street.

0:45:420:45:43

But I think the shots of him coming out of court

0:45:430:45:46

after his conviction painted a very different picture.

0:45:460:45:50

But Peter Tobin was being investigated for other murders.

0:45:510:45:54

I suspected by the modus operandi with Angelika Kluk

0:45:580:46:02

that he had committed other crimes.

0:46:020:46:05

And I think that's when it sort of clicked that, yeah,

0:46:050:46:07

this is a serial killer we're dealing with.

0:46:070:46:09

I can't help you. I've never met her.

0:46:090:46:12

As I say, I've never met her.

0:46:120:46:13

Peter Tobin is today serving a life sentence

0:46:170:46:20

in Her Majesty's Prison, Edinburgh.

0:46:200:46:22

He fakes health scares - the latest a suspected heart attack

0:46:220:46:27

in August 2012, and he was rushed to hospital.

0:46:270:46:31

Next day, he was back in jail.

0:46:310:46:32

The cost to the National Health Service for his bogus claims

0:46:330:46:37

is reported to be around £15,000.

0:46:370:46:40

At the same prison in 2011,

0:46:410:46:44

the killer of 15-year-old Kriss Donald, Imran Shahid,

0:46:440:46:47

was slashed with a razor for bullying younger convicts for money.

0:46:470:46:51

He was moved to Kilmarnock Prison in Ayrshire in February 2013

0:46:520:46:56

but continued his bullying.

0:46:560:46:57

15 fellow inmates beat him up with weight-lifting bars

0:47:030:47:06

in the prison gym in retribution.

0:47:060:47:08

At his trial, Judge Lord Uist described Shahid as a

0:47:150:47:17

thug and a bully,

0:47:170:47:19

not fit to be at liberty in a civilised society.

0:47:190:47:22

Shahid entered the Koestler Awards.

0:47:260:47:28

The charitable trust aims to give inmates a positive goal

0:47:300:47:33

and to provide an outlet for creative energies

0:47:330:47:37

and emotions, where cash prizes are awarded to winning entries.

0:47:370:47:41

Shahid wrote...

0:47:490:47:50

"When I come a knocking

0:47:500:47:52

"No debt goes amiss

0:47:520:47:54

"Your crime is living

0:47:540:47:55

"Your punishment, death

0:47:550:47:57

"I'm the hater of man

0:47:580:48:00

"The bringer of death

0:48:000:48:02

"Hell itself trembles

0:48:020:48:04

"50 levels of wrath."

0:48:040:48:06

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