01/09/2014 Inside Out South West

Tonight ` a young girl's murder and a shocking forensic error.

Can the killer of Exeter's Kate Bushell now ever be

brought to justice?

It was a really basic error.

It's not something we'd expdct from the Forensic Science Sdrvice.

So an issue like this could mean a case could not proceed against XX?

That's correct.

Think chip and pin security is failsafd?

Think again.

We track down the scammers stealing your cash

Your involvement with chip and pin fraud.

Who are you actually involved with then?

And what happened when Fitz tried the diet everyone's sweet on?

I'm going to be more sugar``ware.

I'm going to be cutting out sugar from my diet.

I'm Jemma Woodman.

Welcome to a new series of Inside Out South West.

It's one of the south west's most shocking unsolved murddrs.

17 years ago, schoolgirl Kate Bushell was stabbed

near her home in Exeter.

Now Simon Hall has uncovered an extraordinary blunder

in the investigation.

I've lost a very good friend in her.

Just her cheerful presence around the house.

We have had such a fabulous 14 years that will always

be a treasure to us.

It would have been lovely if that had been a full lifdspan,

but we treasure what we've had.

We're grateful for it.

17 years ago, Kate's parents, Jeremy and Suzanne, spoke of their loss.

It was a Saturday evening in the run up to Christmas.

Kate was walking a neighbour's dog a few hundred yards from her Exeter

home.

When she didn't return, her family began a search and her

body was found by her father.

When, two months ago, Kate Bushell was killed while walking a dog

near her home in Devon, the story made front`page ndws.

The killing shocked the nathon, and featured prominently on Crilewatch.

I can remember driving along and having the windows open,

just in case we could hear her as we went past.

If she's not at her friend's, then we'll call the police.

For some reason, I just began to get this sort of gut

feeling of panic or dread inside.

Now we can reveal, in the year following this

reconstruction of the discovery of Kate's body, key forensic evidence

in the case was contaminated.

That resulted in a major police operation being

wasted, the incrimination of an innocent man, and it casts doubt on

whether a successful prosecttion can ever be brought against the killer.

The inquiry, Operation Deakhn, was overseen here

at police headquarters in Exeter.

We've spoken to several of the original investigation team.

They've told us of hopes behng raised for a breakthrough, `nd their

astonishment and anger when the new lead turned out to be nothing more

than a basic error in forensics

In terms of contamination bx fibres, it is a serious blunder,

without a doubt.

It was a really basic error.

It's not something we'd expdct from the Forensic Science Sdrvice or

our forensic providers.

The contamination happened during a review of the case.

At the time of the murder, forensic evidence was taken from Katd's body

and clothing, and possible suspects ` but led to no breakthroughs.

The review, though, sent the samples for re`testing `

and made what appeared to bd a startling discovery.

Tiny purple fibres were detdcted on the samples taken from K`te,

and also on clothes taken from a man who lived in the local area.

A new team of detectives was assembled

and began investigating him.

But he had an alibi and had been eliminated

from the original inquiry.

After around three months of work, detectives eventually concltded he

couldn't possibly be the killer

Other exhibits from the casd were also re`examined, and more purple

fibres were found there, too.

The samples were analysed by a government agency,

the Forensic Science Servicd.

They checked their work...and

discovered something shocking.

There'd been contamination.

A technician was wearing a top which left the same purple fibres

on the different sets of exhibits.

Chris Boarland is a former head of CID at Devon and Cornwall Police.

He told me it was a dreadful error which would have

hampered the investigation.

It doesn't really get more serious.

As a police service, we havd very, very strict routines in terls

of recovery of evidence, making sure that it's handldd

properly and that it eventu`lly gets to the forensic science provider

in an uncontaminated form.

Once it's there, I think we have generally relied upon their

professionalism and their absolutely tip`top procedures for making sure

that they never get contaminated.

It's a blow when something like this happens.

The contamination also casts doubt on whether

a successful prosecution cotld now be brought against the murddrer

Barrister David Osborne says the defence in any trial would have to

be told about it, and could use the error to undermine forensic evidence

that might be put before a jury

It would be enormously useftl, if you are looking, as one hs,

to the acquittal of the man accused of the crime

I would submit, indeed, I would be surprised, in fact,

that I would need to submit because I would have thought

the prosecution would understand that in a case such as this,

where it is contaminated evhdence, that it would be unfair to proceed.

That would be my submission to the charge and I would expect

the judge to agree.

So an issue like this could be sufficiently

serious to mean a case could not proceed against the defendant?

That's correct.

The defence, quite rightly, would make an issue of this.

They may be able to discount particular fibres,

but they are understandably going to call into question

the whole forensic procedurd, and they would want to cast doubt

on any other forensic evidence.

Hopefully, the police and Forensic Scidnce

Service providers will be in a position to be able to substantiate

everything else they have got.

Yes, to some extent, it's m`nner from heaven for any defence.

Despite extensive search and continuing investigations, Kate s

murderer has never been caught.

But the police believe ` evdn with the forensics errors ` a prosecution

remains possible, as they still have samples which were not cont`minated.

Clearly, it is an issue we would have to disclose to the defdnce

for the reasons you have outlined.

But I maintain that it is not insurmountable.

It is an issue, we would disclose that to the defence but, actually,

in terms of our forensic evhdence, contamination has occurred

but the forensic test that took place before that would be secure.

It would inevitably damage your case, though?

It would undermine the case.

We deal with issues that undermine the case on a daily basis.

It's something we would disclose to the defence team and,

as a prosecution team, we would work through it.

Do you still think you could get a conviction after that?

There's no reason we couldn't get a conviction but clearly we are long

way from that at the present time.

The history of the Forensic Science Service ` which was based in

Chepstow ` was not a gloriots one.

It was littered with errors and high profile embarrassmdnts

But an Inside Out investigation has discovered criminal gangs are using

specially adapted machines to steal our bank details and then otr cash.

Jonathan Gibson has this exclusive report.

It's Friday night and for most of us the weekend's started ` me hncluded.

Definitely try some of this

It's nice.

A few drinks and some food out ` and if like me you've never got

cash, a card comes in handy.

Enter your pin, please.

OK.

For ten years now we've all been using these ` chip and pin lachines.

And the place I've come for dinner is no different.

Remember when we used to sign for things in shops?

The banks told us chip and PIN would be much safer.

Well, try telling Julie from Weymouth that.

We went to buy fuel at a local petrol station and

apparently there was a camera set up in the ceiling that was looking down

onto the machine, recording us as we were putting in our PIN numbers

The thieves who stole Julie's cash were caught red`handed.

But a quick look online shows there are many more victims.

That's the thing with the internet ` there are the good people on there,

like the innocent victims ` and then there are the bad.

I'm talking to a man who knows all about stolen pin numbers

because he steals them ..and

he's looking for a new partner.

Why not?

Funnily enough, I haven't mentioned I'm a journalist.

He thinks I own a restaurant with card paying

customers, but I need to gahn his trust and that's taking months.

But one day he tells me a parcel's in the post.

It's a chip and pin machine.

I've already spent months g`ining this criminal's confidence but he

still doesn't trust me completely.

He's finally agreed to chat but is banking on staying anonymous

over the internet.

We'll see about that!

Press F1, then 1.

He tells me the machine he's sent me remembers people's card numbers

Once you've swiped it, the data's already been savdd

from the first swipe, but now when you enter the pin the pin is stored

and now all the data is there.

That's everything he needs to steal people's cash.

Do it like how the restaurant's receipt looks.

It's fully customisable.

He's told me to put this error message on the bottom

of the receipt so my customdrs will think the machine's not working

That's so I can swap it for my normal one to take

their real payment.

What I now need to work out is a way of putting that to thd test.

And I think I've found the `nswer!

Pay`as`you `go debit cards.

They're a bit like mobile phone top ups.

You can only spend what you put on them.

I've bought 20 to try out.

I need him to think they belong to my customers, but will it work?

He's told me I'll need to download the data using somd

cables he's sent me in the post

Can you just plug that into your laptop?

A couple more connections and we're ready to rock.

Is it downloading?

Yep, it's receiving stuff Ydah, OK, so when it's done downloading, just

send me that file and it's done

That's how you download.

Completed.

Just look at this.

He's just emailed me through the rest of the card numbers

and the PINs that go with them for these cards here.

In a couple of minutes, he's got everything he needs to make exact

copies of all these cards, which he can then use in cashpoints.

And he says he's done that already time and time again.

Remember Julie?

She had her card cloned at the garage.

I want to show her how chip and pin fraud has moved on.

And there's the receipt, what do you think?

Wow, well it's just the real thing isn't it?

I mean, if I was in a restatrant and somebody gave me this, I wotld just

accept that my payment had been cancelled and be none the whser

But if Julie's shocked, what will the banks think?

I think the encouraging thing to say is that these frauds are very rare.

We've only seen one recent hnstance of them

and we're seeing convictions in the Old Bailey in respect of that.

The industry's existing advhce to consumers is to protect your PIN.

Well, with something like that there's no point is there?

It's the device itself that takes the PIN number.

Well, I think the first reassurance to give

everybody when it comes to this type of fraud, which is a very r`re type

of crime, is that even if you are the victim of it, you'll receive a

full refund of all of your losses.

But we always advise customdrs to check their statements.

I'm about to do just that.

As all the pay as you go debit cards are in my name, I can also check

what's been happening to thdm.

Take these two, for example.

They've never left my wallet but, according to the transaction

history, they've been emptidd of cash in the Philippines.

So either he's stealing my money or someone he knows is

But he's also sent me a second machine so

at least he's not suspicious.

But who is he?

He's taking cash out in the Philippines

but the machines came from Britain.

I've also sent money to Can`da for the cables he posted.

I'm not sure that's really helped.

He could be on either side of the world!

OK, time to change tactics.

How about I tell him I've btsted the machine?

I'm hoping he'll ask me to send it for repair and

if he trusts me enough, he might give me an address though

it might not be his of course.

Bingo.

He's taken the bait, telling me to send it to

Marcus Montague in Canada, the guy I paid for the cablds.

But this is one parcel I plan to hand deliver.

Bags packed, passports checked.

Let's go find him.

Toronto, Canada.

I'm heading out of town ` 24 miles along the freeway to Pickerhng.

Is the guy we've been given the address

for the guy that's been on Skype?

That we've been talking to for what months now?

There's only one way to makd sure and that means me playing postie.

Yes, we're happy to help at TRN Couriers OK, so the accent needs

work, but I'm hoping the unhform will shine along with the f`ke

delivery note ` oh, and I'm wearing a secret camera. Montague?

Yeah, where do I sign?

That one there, mate.

Yep, it's Marcus Montague and here's his signature to prove it.

So it's time to confront hil.

BEEP.

Woah, don't hit him.

I'll say I've got the courier delivery.

Stay back, Mike, stay back.

Montague, I've got a delivery for you mate, a delivery for you?

No, I can't accept, I can't accept if I don't know about it, you know.

Right, OK.

It's time to come clean.

Actually mate I'm from the BBC, BBC television in the UK and I'd

like to ask you a couple of questions actually about your

involvement in chip and pin fraud.

Pardon me?

Chip and Pin fraud, mate, do you know about it?

No.

I think you do because we'vd been sending deliveries to your `ddress

and you've been taking them.

No, I haven't.

You've been taking them.

Ah, don't go away mate, we're asking you a few questions

here, don't run us over.

No, no, I'm not trying to run you over.

I don't know what's going on here.

We just need to know mate your involvement with chip and phn fraud?

You're scaring me.

Who are you who are you actually involved with then?

Oh, you guys really scare md.

Who are you actually working with then?

Are you making a lot of mondy out of it, are you making a lot

of money out of it?

Well, not many answers raisdd, a few more questions, perhaps, but,

um, whatever the case, he w`sn't very keen to hang around, w`s he?

I think that's probably the last we'll see of him, at least for now.

Can I get a couple of pounds of plums and some apples, as well?

Back home, I'm still in the market for answers btt

Verifone ` which makes the lachines ` doesn't want to be intervhewed.

I wanted to show it our evidence.

It decided on a statement.

VeriFone says the fraud:

The company says it:

And its machines are not to blame.

Can you put your PIN in, pldase

Do you know what, mate, I think I'll leave it!

We've made him give up boozd, take up exercise,

even run a marathon ` but now Fitz faces his toughest challengd.

To cut back on life's sweetest treats.

So why this challenge?

Because we're a nation addicted to sugar ` every year each

of us eats more than 33kg.

But now Government scientifhc advisors are suggesting we halve

the amount we eat to just 5$ of our daily energy intake.

At present, we're consuming about three times that amount, so this new

target could be hard to swallow

Time to see my personal dietician to find out exactly

what I've let myself in for.

Hillary, nice to see you ag`in.

Good morning.

Talk to me about sugar.

I would say sugar is an empty calorie, we don't need it.

What sort of amount of sugar should I be taking per day?

You should be looking at between eight and nine teaspoons

a day and, if you were female, about six teaspoons a day, which is

what this plate illustrates.

Okay, but what about this plate beside it?

This represents the amount of sugar in a packet of fizzy, sugary

sweets and it's 38 teaspoons.

You can see, if you're feelhng a bit peckish and make your way

through a whole packet, that's many days of your sugar intake gone.

As a diabetic, I have to watch my sugar intake

What should I be looking out for?

It's the sugar that somebody has either

physically added to their drinks, or added to cooking, or that the

manufacturer has added to products like cereals, cakes and biscuits.

Many manufacturers have redtced sugar in the product, but how

much of the stuff am I eating?

Right ` day one of the diet and this is an average weekly shop.

My wife has gone out and botght well, I consider this not overly

packed with sugar.

We've got fresh vegetables and fruit ` of course,

fruit does contain sugar, but let's look at the sugar levels

in some of the processed foods.

Let's put the reading glassds on because some of the small print

does make interesting reading.

Beans, well, 200g is the serving.

Sugar is 9.9g.

A cereal which sells itself through fitness, on a 40g serving,

the sugar level here is 12.0g.

In here, I have normal fruit, which, of course, has sugar in it `s well.

Even dried fruit is very high in sugar, The official advice is

that a balanced diet should include some fruit, but even this more

natural source of sweetness has been causing problems for

our cousins here at Paignton Zoo.

The image of monkey and ban`na, it is synonymous.

It is absolutely fixed in everyone's minds.

We have heard a lot of publicity about no longer giving

the monkeys bananas.

We don't give them any fruit at all.

They think, surely they must eat bananas?

They are very happy without it.

Are you sure?

Yes.

If you offered them of another, they would surely take it off you,

but they don't need them and get used to diets withott them.

Did you notice a change in their behaviour or physipue?

Certainly, in their physiqud.

Some of them have lost weight.

We did start to notice behavioural improvements.

Our research shows they are much less aggressive,

less anxious and calmer.

So calm, happy and healthy `pes ` There are those that belidve

that we need the same treatlent

Action on Sugar's Katherine Jenner leads a campaign to reduce sugar

in our diet.

We get out energy from fat, carbohydrates and protein.

We don't need to get it from added sugar.

I think we should consider laking some major changes to our dhets

Well, the zookeepers here h`ve intervened with the diet here.

Should there be greater intervention for us?

I think there is a reason for government intervention.

The first thing they can do is set limits to the amount of sug`r

allowed in food, particularly things eaten by children `

breakfast cereals and soft drinks.

We get used to having less sugar and still get to enjoy our food

The Food and Drink Federation, which represents the industry,

says it's the total amount of calories we put away that's the

issue, not where they come from

They say sugar doesn't cause obesity.

But it appears that what's been good for the monkey has been good for me.

Well, three weeks into this diet `nd,

to be honest, it's not a struggle.

I'm actually enjoying the food.

I'm eating full English bre`kfasts, grilled with no bread and stgar

I know the weight's coming off, I'm feeling better and I'm dnjoying

it, so let's see what we can do over the next week and maybe beyond.

But first it's time to meet a food industry insider.

Langage Farm's Paul Winterton is showing me how they package

their clotted cream ice cre`m.

You know, I'm just wondering if I can get

my mouth over the end of th`t pipe!

Paul says that the food indtstry has to do more to combat obesitx and

diabetes ` he literally bears the scars of an unhealthy lifestyle

I had a double bypass, which was removal of an artdry

from my chest and one from ly arm, and these two grafted the bxpass.

But the real reason I'm herd is to see the sugar free products that

Paul has been developing, spurred on by his experiencd.

The only sugars in here are naturally`occurring sugars

like lactose in milk or fructose in fruit, which is 100% purd.

So what have you put in there?

Well, there's an extract in there called stevia, which is

derived from a stevia leaf.

It's a derivative from nature which is approximately 600 times

sweeter than sugar.

Do you know, immediately, because I haven't had sugar

for such a long time, the flavours are so intense and that's so sweet.

And there's no sugar in there at all?

None at all.

Do you think the industry, as a whole, has

a responsibility to reduce sugar?

Yes, I do.

If you look at food manufacturing, as well as the government, H think

they have a mutual part to play

It's my personal opinion th`t we should be teaching food nutrition

at an early age.

Well, that's what one industry insider thinks, but Sugar Nttrition

UK, which is largely funded by sugar manufacturers, point to a 2013

review on sugar and obesity funded by the World Health Organiz`tion.

It concluded that:

"any link to body weight was due to overconsumption of calories

and was not specific to sug`rs"

They also say that, "the balance of available evidence

does not implicate sugar in any of the so`called 'lifestyle

diseases', such as diabetes".

The debate over scientific dvidence will go on, but I know for sure that

cutting out added sugar has left me thinner and feeling great.

This is the last day of the official diet and I'm used to this now,

because this is what I've bden going through for the last 30 days.

Nothing fried, everything grilled, no sugar and no bread.

I know I've lost weight and I'm feeling a lot better.

Even though this is the offhcial end of the diet, I'm going to continue.

I'm going to be more sugar``ware, I'm going to be cutting sug`r out

of my diet.

What about you?

Food for thought?

Well, that's all from us thhs week but we look forward to seeing you

next Monday for more stories and investigations from where you live.

We'll see you then.

Hello, I'm Ellie Crisell with your 90 Second Update.

The parents of seriously ill Ashya King are tonight in a Spanish

jail as phey fight extradition.

They were arrested !fter removifg him from a Southampton hos0ital