31/10/2011 Inside Out West


31/10/2011

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Hello. Tonight we're in Bristol, a city that finds itself in the

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national spotlight once again as the Jo Yeates murder trial reaches

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its conclusion. Vincent Tabak guilty of murder. And

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following the case new revelations about his shady background.

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It is a manipulative man, very cunning, he watched this

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investigation unfold. Also in the programme, this man says he can

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help you avoid paying for care in your old age. I'm here to show you

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how you can avoid care fees. good to be true? And should this

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man be allowed to seek help from his wife to end his life? I don't

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be -- I don't think people realise what an awful thing it is, you

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cannot relieve their pain. This is all I can do for him. With

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surprising stories from familiar places you're watching Inside Out

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This is Canynge Road in Bristol, a street we've all become familiar

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with after the events of the 17th December last year. It was here

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that Jo Yeates met her death at the hands of her next door neighbour

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Vincent Tabak. After the jury delivered its verdict, additional

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evidence emerged that Tabak had accessed violent pornography on his

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computer. Our home affairs correspondent Steve Brodie has been

:01:28.:01:38.
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investigating the secret life of Tabak thought his cleverness and

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deceit would prevent him being convicted of a brutal murder. He

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was wrong. He is a manipulative man, very cunning, he watched this

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investigation unfold. We fully expected him to lie when he went

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into the witness box Jo Yeates' killer is behind bars. Vincent

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Tabak. Guilty of a murder that's dominated the news for weeks.

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Tonight I talk exclusively to the man in charge of his defence, and

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ask why the judge wouldn't admit evidence about Tabak's contact with

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prostitutes and his use of violent pornography. It proved very little

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as to what actually happened in the fatal few minutes in Joanna's flat.

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Jo Yeates was murdered here days before Christmas. But after a

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three-week trial, we're no closer to knowing the truth of those

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fateful minutes. Tabak said he was invited in. Jo was his neighbour.

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That he misread the signs. And he didn't mean to kill her. No-one

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believed him, especially the man who caught him. We believe that

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Joanna was killed very shortly after she arrived home. The only

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two people who know what happened that night, one is Jo and

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unfortunately, she was killed. And it's Vincent Tabak. So who is

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Vincent Tabak? I sat in this court day after day for three weeks

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watching him, he was always calm and collected. He would sit with

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his head in his hands, only feet away from Jo's parents and her

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boyfriend, Greg Reardon. And even when the judge sent him down for a

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minimum of 20 years, he again showed little, if any emotion. I

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was there when they discovered Jo's body on Christmas Day, left by the

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side of the road and covered in leaves and snow, and when the

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missing person's inquiry turned into a murder hunt. That would

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ultimately bring out Tabak's lies and an interest in prostitutes and

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hardcore, violent pornography that Tabak's story starts in Holland

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where the police first really interviewed him and the people who

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knew him. People that we spoke to there describe almost a social

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inadequate, couldn't put it in any different words to that. Someone

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who was probably not particularly comfortable around woman,

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comfortable in social circumstances, even amongst his peers. This is a

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view shared by some of those who knew Tabak here, Uden, Holland,

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where he grew up. Sometimes, he say something, sometimes he was in his

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own and he didn't see you and he didn't say anything. There was home,

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old parents, a little boy only in the house, older brother and

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sisters were out of the house, so, I think he was perhaps a little

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lonesome. But it was back to that family in Holland that Tabak

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travelled for the New Year, calmly, coolly, with his girlfriend, days

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after killing Jo. As her parents laid their flowers in the snow,

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Tabak was online, already looking to keep one step ahead of the

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investigation. He researched details of the unsolved murders of

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Melanie Hall and Anni Dewani, looked up how he could get rid of

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evidence and even watched a time lapse video of a body decomposing.

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You've heard the evidence from his internet use of how he was

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monitoring media reports. He'd also researched around the definitions

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of murder and manslaughter, so he was fully aware of what we, the

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prosecution, had to prove for murder, and likewise, what was

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necessary for manslaughter. But it was the other websites he was

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looking at that really concerned the police. On the morning of the

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murder he was looking at pornography but more chillingly

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days after strangling Jo, he was watching violent hardcore images of

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men choking women during sex, images of women tied up in car

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boots, and others being bound and gagged. But the judge ruled this

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information couldn't be put before the jury, even Tabak's girlfriend

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and her father knew nothing about it, and told us it was depraved.

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Neither could the jury hear that Tabak had contacted prostitutes

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while in the US on business, including at this hotel, where he

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checked in under a false name. The judge said none of this could prove

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the killing was premeditated. And Tabak's defence lawyer, who spoke

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exclusively to me just two hours before the verdict, agreed.

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Sometimes people think because there is some bad character, or

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reprehensive behaviour, it must go in. It doesn't follow that it has

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to go in. It has to go in to prove a point. Even if it had been

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admissible, there's then the further test as to whether it would

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be prejudicial and derail a fair trial, we didn't actually get to

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that. But it clearly in my view would've been prejudicial. It

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didn't actually go to what actually happened in that period of time.

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But Tabak's lawyer admits they never claimed that Tabak was an

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innocent. Whilst the material may well have been considered

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reprehensible in many respects. What the judge did say is that Mr

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Tabak could not promote himself effectively before the jury as a

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man of good character. Mr Clegg who conducted the defence for Mr Tabak

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was at pains to ensure we did not go down that path. We were very

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neutral when it came to Mr Tabak's character. Jo's family have mixed

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views. Her brother Chris told us the jury should have known about

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Tabak's character, but no-one wanted a prejudiced trial, or an

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appeal. Her father said it was right the jury didn't know and

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wasn't certain the pornography had contributed to the murder. This

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barrister and member of the justice select committee acknowledges that

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had Tabak got away with murder, there could've been public outrage

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The public will rightly ask questions and be concerned. But I

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think they need reassuring that the law has been changed, that material

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is capable of being admitted before a jury, but only on a very strict

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test of relevance. And let's imagine for a moment, that it's you

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or me in the dock, or any of our friends and family, we would expect

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fairness, we would expect strict tests to be applied when it comes

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to previous material relating to bad character that may have

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happened years ago, which may not have any relevance in the case, but

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which if it went in before a jury, could unfairly prejudice a

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defendant in their eyes. I'd rather have safe convictions and fair

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trials than witch hunts and a general blackening of character

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which is irrelevant to the issue in the case. I think we've got the

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Jo Yeates' father David has told the BBC he was still trying to come

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to terms with what he felt, he's still got a lot of unanswered

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questions, but at least he's got a starting point for the rest of his

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life. As far as Vincent Tabak is concerned, we still don't know

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everything about his secret life. The police are still questioning

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him and there could be further Steve Brodie on the trial of

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Vincent Tabak who was found guilty of murder on Friday. Later in the

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programme the Wiltshire man hoping that a change in the law will allow

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his wife to assist in his death. Some days it this life gets too

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much for me and a break down and Needing care when you're older

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could cost around �50,000 a year. So, when someone tells you that he

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has a way of getting someone else to foot the bill, well, that sounds

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like a tempting offer. David Whiteley's been investigating a

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company targeting pensioners here in the West with just such a

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promise. One in four of us will need long-

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term care and if you have more than �23,000 in savings and property you

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will be expected to pay for your care. That is a worry for some

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people who would rather keep their assets in the family. I am a co-

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founder of the Universal Group and I am here to show you how you can

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avoid care fees. This man claims he knows how you can avoid fees. He

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says he is better than a solicitor. Your local solicitor wouldn't be

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able to do this. They come to us to do it. Five years ago Bernard and

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Christine wanted new wills. They went to Steve long. Earlier this

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year he phoned Bernard unexpectedly. His business had a new product, to

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avoid care fees. He said you could get out of paying care home fees by

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setting this trussed up that would stop the council getting their

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hands on your money. -- setting this trussed up. It would be �3,000.

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It is a lot of money. Our first reaction was, we would have to

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think about that. In the end he managed to talk us into agreeing

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with him, but I have since found that if a trust was set up for that

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sole purpose, that would disqualify itself. Beryl also had a visit from

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Steve long. He said the money would all be ring-fenced that you

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couldn't, the government couldn't get hold of it. For care home fees.

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He suddenly says there is a fee you have to pay, and if possible we

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would like to have it tonight. It was �3,500. We have asked several

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solicitors and they have told us similar trusts would cost between

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712 hundred pounds. Care home fees cannot run to thousands of pounds

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he year so it is only natural to worry about these costs. Steve runs

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seminars to explain his solutions to these concerns.

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We went to some of his seminars and listened to whose claims about

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himself and his products. This one was in Bristol. We do seminars like

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:13:21.:13:21.

this for solicitors. You have the whole room of solicitors

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specialising in elderly client care and not one of them knows how to do

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:13:34.:13:35.

it. It is a specialist niche stop - - specialist niche. Caroline is a

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solicitor specialising in wills and Administration of Estates. Perils

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of professional lawyers who undertake wills and trusts, and

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membership of solicitors for the elderly will have many thousands of

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members together he would be able to set up these sorts of trusts.

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But also they have to have a very good working understanding of

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social care assessments and funding. She wants to make sure that Peter's

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inheritance... The man behind the group is Stephen long. In his

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seminars he makes many claims that make him and his companies and

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well-connected and important. work with a top barrister in the

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country, we do seminars with solicitors. We have spoken to the

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Bar Council and they told us no one would claim to be the country's top

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barrister. He doesn't seem to be quite as well connected as he

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claims, but he does sound well qualified. And a qualified

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accountant and a lawyer. He isn't. We have checked with the UK

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accountancy organisations and the solicitors Regulation Authority. He

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is a member of the Society of trusts and Estate Practitioners.

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How accurate are his crimes? An undercover producer asked him if

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the elderly person who isn't well could use one of the trusts to

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avoid care fees. Provided he hasn't already been assessed or receiving

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care, it is straightforward. local authority will look at the

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reasons for trust was actually created, and if they feel it was

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done for the purpose of putting the asset beyond their reach, then of

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course they could take it into account in an assessment and treat

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the person as if they still have the asset. If the motive is to

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avoid paying care home fees the trust may end up doing precisely

:15:41.:15:48.

the opposite. That is exactly how Steve Long markets his product.

:15:48.:15:52.

am here to show you how you can avoid fees. In the end it is the

:15:52.:15:56.

local authority who decides so we asked the local government

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association which represents local authorities just what the rules are.

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They told us if you put your assets into a trust deliberately designed

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to avoid care fees the local authority can treat you as they

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used still own the assets. That seems clear. So we wrote to Mr Long

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to explain why he gives misleading statements in his seminars. His

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office told us he was out of the country until the end of the week.

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Then is of his claim some of his mistakes were due to an ear

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infection. I hope his hearing is better now because he is still in

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the country and giving a seminar at this hotel here in Gloucester and

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they do hope his hearing is better. I have got a few questions for him.

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His office said universal asset protection is totally committed to

:16:43.:16:48.

excellent customer care and that their fees are not excessive. But

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he has not given specific answers to most of our questions. I have

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got to rescue a question. Why is it you are selling a product called

:16:59.:17:02.

How to avoid care fees when by marketing it as that you are in

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fact possibly, could be, rendering it useless. That is not the advice

:17:07.:17:11.

we have received. Nice of you to have come unannounced into a

:17:11.:17:16.

seminar. We have been in touch, asked you a few questions about the

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validity of what you're doing with these trusts. Actually wear

:17:21.:17:24.

advertising ourselves as how to avoid care fees you are shooting

:17:24.:17:27.

yourself in the third. It is not the advice we have received.

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have you received it from, this is from the government?

:17:32.:17:37.

When we look at the cases we dealt with and you have put me on the

:17:37.:17:41.

spot... A we have been trying to get in touch with you, your office

:17:41.:17:46.

told us you are the country. I am not prepared to discuss and

:17:46.:17:49.

television the intellectual property we have, all I can say is

:17:49.:17:55.

the trust that we used as 100% track-record, we have documentary

:17:55.:17:58.

evidence of local authorities except in the trust works.

:17:58.:18:03.

market yourself as one of only five companies but specialises in this

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kind of the elderly care trusts and that is not true. We say we are one

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of five specialist providers that we know of their provide these for

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other people. Any firm of solicitors who knows and

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understands the rules around this would be able to do that. Strange

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that he said the opposite when he didn't know he was being recorded.

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Your local solicitor will not be able to do this. It is a specialist

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niche. So which Mr Long should we believe and what, I learn? If you

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are thinking of putting your property into a trust to avoid care

:18:37.:18:40.

fees remember, they are not suitable for everyone and they may

:18:40.:18:50.
:18:50.:18:50.

not work. My first reaction was to say no. But he continued and

:18:50.:18:56.

eventually wore a stand. If you have put him you'll know he is a

:18:56.:19:06.

pleasant man and obviously a good And if there's something you'd like

:19:06.:19:09.

us to investigate then why not get in touch? Our email address is

:19:09.:19:18.

It is one of the most difficult ethical questions of our time is it

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ever acceptable to assist in the death of a loved one? In the next

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few weeks, the Commission on Assisted Dying is due to present

:19:27.:19:30.

its recommendations on what system, if any, should be set up to allow

:19:30.:19:40.

Like most people I didn't give suicide a thought despite being

:19:40.:19:44.

able to do it legally. Then I had my stroke and the choice of life or

:19:44.:19:48.

death was taken away from me. It certainly is true that you don't

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know what you have until you no longer have it. Tony Nicklinson

:19:51.:19:55.

would like to end his life. Six years ago, a massive stroke left

:19:55.:20:02.

him paralysed below the neck and unable to speak. His condition is

:20:02.:20:05.

called locked in syndrome. He is rarely able to leave his home in

:20:05.:20:11.

Melksham. Right from the word go, when he was still in intensive care,

:20:11.:20:15.

I said to the doctors, he won't want to live like this. We knew it

:20:15.:20:20.

would come. But because of his disabilities,

:20:20.:20:25.

Tony needs his wife Jane to help him to end his life. For this, she

:20:25.:20:29.

could face a murder charge. So together, they are trying to change

:20:29.:20:36.

the law. I can't see how anybody could think it's right that Tony's

:20:36.:20:44.

right to take his own life has been taken away. Jane has told her

:20:44.:20:47.

husband's story to a commission set up to explore whether people should

:20:47.:20:51.

be given assistance to die. The commission has been contacted by

:20:51.:21:01.
:21:01.:21:03.

over a thousand people since it launched a year ago. In the coming

:21:03.:21:06.

weeks, it'll report its suggestions to Parliament. Something in excess

:21:06.:21:09.

of 80% of the population in the UK would like some change in

:21:09.:21:11.

legislation. But the work of the commission has enraged those

:21:11.:21:15.

campaigners who don't want a change in the law. There's no chance of it

:21:15.:21:18.

producing any worthwhile conclusion at all. It's purely a publicity

:21:18.:21:28.
:21:28.:21:33.

Tributes have been paid to the husband and wife from acrobat who

:21:33.:21:39.

travelled to a Swiss euthanasia clinic. More than 150 people have

:21:39.:21:42.

ended their lives by travelling from the UK to countries where

:21:42.:21:44.

assisted suicide is legal. Nobody has yet been prosecuted for

:21:44.:21:47.

accompanying them. But assisting somebody to end their life is

:21:47.:21:51.

illegal in the UK, which means Tony Nicklinson must continue to live a

:21:51.:21:57.

life that's unrecognizable from the one he enjoyed before his stroke.

:21:57.:22:00.

He was the life and soul of the party type. An ex-rugby player, a

:22:00.:22:05.

real alpha male, bit of a daredevil. You know, he went sky diving, did

:22:05.:22:10.

all sorts of crazy things. Tony could outlive Jane. His condition

:22:10.:22:17.

might not cut his life short. But now, being unable to speak, move or

:22:17.:22:25.

do anything for himself life has become unbearable for him. He

:22:25.:22:31.

communicates using a computer that recognises his eye movements.

:22:31.:22:35.

case, I awake with dread, knowing that I will have to endure another

:22:35.:22:38.

session of being manhandled by the carers as they shower and dress me

:22:38.:22:41.

to get ready for yet another tedious day. Some days, this life

:22:41.:22:51.
:22:51.:22:51.

gets too much for me and I break down and cry. He knows that a time

:22:51.:22:54.

will come when he says enough is enough, and really his only option

:22:54.:22:57.

is Switzerland, which he might possibly consider eventually, if

:22:57.:23:00.

our legal case doesn't pan out, or starvation, which is a very nasty

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way to go. It seemed critically important to all of us, that we

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went out to see how those countries that had changed legislation, how

:23:08.:23:13.

the change was managed in practice. But I think it's unlikely we'd be

:23:13.:23:15.

able to import any particular system in a country straight into

:23:15.:23:23.

England. But some pro-life campaigners think they've already

:23:23.:23:30.

won the debate and the commission is a waste of time. Most of the

:23:30.:23:33.

reputable people who would normally give evidence have refused to do so,

:23:33.:23:36.

because the subject has been thrashed to death in the House of

:23:36.:23:40.

Lords fairly recently, eight hours of debating. What has happened all

:23:40.:23:43.

over the world, is that pro- euthanasia societies have spoken a

:23:43.:23:46.

lot about the very rare, but very emotive cases of people who could

:23:46.:23:52.

not kill themselves and seriously want to. This is a tiny proportion

:23:52.:23:55.

really, of people, and one has to be sympathetic, but it's very

:23:55.:23:58.

important to make sure people understand that disabled people are

:23:58.:24:01.

very opposed to any change in the law that protects them at the

:24:01.:24:10.

moment. Michael Wenham has motor neurone disease, a degenerative

:24:10.:24:16.

condition that damages the nervous system. He is also worried that a

:24:16.:24:19.

change in the law could affect how society views people with

:24:19.:24:29.
:24:29.:24:45.

disabilities. People begin to judge Michael relies on his wife Jane to

:24:45.:24:51.

help him. There may be a time when, like Tony, he is unable to do

:24:51.:24:56.

anything for himself. Michael decided not to give evidence to the

:24:56.:25:00.

commission, and Tony relies on his wife to speak on his behalf during

:25:00.:25:06.

debates. So Michael agreed to come to Tony's home to discuss face to

:25:06.:25:13.

face, how legalising assisted dying might affect society. Welcome,

:25:13.:25:17.

please make yourself comfortable. Thank you for agreeing to this

:25:17.:25:27.
:25:27.:25:37.

But you can determine your own fate, because you can commit suicide

:25:37.:25:39.

without assistance whereas some people cannot. Why deny them the

:25:39.:25:49.
:25:49.:25:49.

Apology for the loss of subtitles for 65 seconds

:25:49.:26:55.

That isn't the issue. It's about Both Tony and Michael await the

:26:55.:26:58.

recommendations the Commission on Assisted Dying will make in the

:26:58.:27:04.

coming weeks. But Jane Nicklinson is determined to keep fighting for

:27:04.:27:09.

the right to help her husband. Obviously nobody wants to give

:27:09.:27:13.

their husband a lethal dose of something, under any circumstances.

:27:13.:27:18.

If I had to do it, would I be able to do it? I don't know until the

:27:18.:27:27.

time comes. I like to think that I would. It's what he wants and if

:27:27.:27:30.

you love someone, you'd do anything to help them. What more can I do?

:27:30.:27:35.

There's nothing I can do. I don't think people realise what am awful

:27:35.:27:39.

thing it is to see the person that you love in there, and you can't

:27:39.:27:48.

relieve their pain. This is all I And if you'd like details of

:27:48.:27:51.

organisations which can offer help on strokes and locked in syndrome

:27:51.:27:59.

then you can call the BBC action line. The number is 08000 566 065.

:27:59.:28:03.

Your call is free from a landline but mobile operators will charge.

:28:03.:28:08.

The lines are open 24 hours a day. Well, unfortunately that's where we

:28:08.:28:11.

must bring things to a close tonight but you can continue a

:28:11.:28:20.

conversation about the programme on Twitter using #insideout.

:28:20.:28:23.

In next week's programme unhappy campers, we meet the protestors

:28:23.:28:33.
:28:33.:28:33.

who've pitched their tents in the And Britain's Got Talent winner

:28:33.:28:36.

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