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24 Hours in Police Custody S04E09
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00:01I'm a staff nurse at Bedford Hospital A&E.
00:04I've got a patient here who has come in after alleged sexual assault.
00:10Is she okay at the moment?
00:12She's a bit tearful.
00:14So what exactly did she say?
00:16She said she was out drinking last night,
00:18went out for a cigarette with an unknown male.
00:22He basically said to her,
00:24come back with me to the hotel or I will kill you.
00:28And sexually abused her.
00:31Got red marks both of her arms on her neck.
00:35The man took her home and basically said to her,
00:38oh, I'm sorry, I'm sorry, please don't tell the police.
00:41I was drunk.
00:44Rape is an offence which invariably relies on two accounts.
00:49The alleged victim and the alleged perpetrator.
00:54And ultimately, who is the more credible of the two?
01:09Police! Stay where you are!
01:10Any sudden moves?
01:11Yeah.
01:13Attempted murder.
01:14Attempted murder.
01:15Get in the van!
01:17Once a suspect is in custody...
01:20The police have just 24 hours to find out what really happened.
01:27The time is really ticking.
01:30Who's innocent?
01:32Who's guilty?
01:35We're good to go.
01:37This is your opportunity to talk to me.
01:40There's two sides to every single story.
01:42So, we received a phone call from the hospital.
02:02This is saying a female victim has turned up at the hospital
02:06and is alleging that she's been sexually assaulted last night.
02:10He's described as an IC1 male, tall, big build, 35 to 40,
02:15wearing a grey T-shirt and jeans last night.
02:19Officers from Bedfordshire CID are investigating a complaint of rape
02:23from a 19-year-old woman.
02:25They've done a five-minute walk from the town centre
02:27to an unknown location at this time, describing it as a motel.
02:31The victim is saying that the scene has happened in a room
02:34which is directly to the left and it's room number four.
02:38With the victim unsure where the hotel is,
02:41Detective Sergeant Jo Corbin is leading the hunt for its location.
02:46At the moment, we're not too sure where the scene is,
02:48but she does describe the location as being a hotel,
02:51having white walls and having a green door.
02:54That's all we've got at this moment in time.
02:56If we do find anything that fits, you know, you think,
02:59oh, well, that's a B&B or that's a hotel
03:01and it fits the description, let's knock on the door, let's go in.
03:04It's very important when we deal with a victim
03:06that we believe what they have to say.
03:08Historically, we've not always been great at doing that,
03:10and I think we've learnt from the mistakes
03:12we have made in the past.
03:16The quicker you can get your troops together
03:19to go out and find out exactly what's gone on
03:22so that we can secure evidence,
03:24so that we can speak to witnesses,
03:26the more likely we're going to find out
03:27who was responsible for that crime.
03:29Right.
03:30You've done all the roads around the rear of a commercial road?
03:34Detectors have narrowed down the crime scene
03:36to a number of hotels.
03:38There are five properties that are either white or cream
03:44with a green door, of which there is one that stands out.
03:54Is it possible you could just take me now and show me the room?
03:58I've got the crime officers here, and I need to go and speak to them in a moment.
04:10You say the bedding would have been changed?
04:11Yeah.
04:12OK.
04:13Is all the bedding the same?
04:15So we won't have to pinpoint which one it is,
04:17it's all going to look the same.
04:18OK.
04:19The man who was staying in the room has already checked out.
04:29This must be his number then, because this is him when he checked in.
04:33OK.
04:35This is the phone number he's booked in under here.
04:37So we've got a mobile number and just his name, so we've done some incel on that.
04:47I've got them screen printing his Facebook page.
04:50From that, he has only got a recent update where he's updated his name on the 16th of July,
04:54but before that, the last update was March with a couple of pictures of children,
04:57so possibly he's got some children.
05:00To locate the suspect, officers will have to request that his mobile phone is tracked.
05:05I might make a tea. Do you want one?
05:07Oh, I'd love one.
05:11OK, we just started the recording at this stage.
05:14We'll pick out the incident itself.
05:16Clearly there are going to be some questions that will be of a sort of,
05:19an intimate or a sexual nature, OK, but please don't be embarrassed about that.
05:24After being examined in hospital, Alba, the Spanish teenage victim,
05:28is ready to give her account of the alleged rape.
05:31I just want you to tell us what's happened.
05:33I just want you to tell us what's happened.
05:39And he pushed me towards the bed.
05:43He had a lot of strength.
05:46And I was crying.
05:48And when I was crying,
05:52I put my hand on my neck and told me to call me.
06:00And I asked him if he wanted to kill me.
06:02He said, yes, I want to kill you.
06:03He said, yes, I want to kill you.
06:04You call.
06:06Are you looking to get him transported to Kempstown?
06:08Yeah.
06:09By tracking his mobile phone, police have discovered the suspect is now in a different county.
06:24Hiya, it's Sergeant Emma Langwith.
06:25I'm calling from Bev.
06:26She's CID.
06:27And we've got an offender that's in your area that's responsible for a stranger rape that occurred early hours of yesterday morning.
06:34We've literally just self-sighted him from his mobile phones in your area.
06:38Would you be able to send a team out to do the arrest for us?
06:41OK, if we don't go through it at the moment, if that's OK, I think what we'll have to do is I'll use my socko and we'll find out from them the best way to do it.
06:53So we've got a bag of towels.
06:54And then that sheets.
06:55And then you've only been a double sheet and a double duvet.
06:58OK.
07:02Are you telling us that at some point he's penetrated your vagina with his penis?
07:07Yes.
07:08Yes.
07:09He was always on top of me.
07:11And she got her face to face.
07:13He said, gÃrate, gÃrate, gÃrate.
07:15Right.
07:16And he stuck his fingers.
07:18Into your bottom?
07:19In the bottom.
07:20OK.
07:21Did his penis go into your bottom?
07:23I think he put the penis in the middle.
07:25I think so, yes.
07:26He tried very hard to use it.
07:29Yeah.
07:30And have you had any bleeding at all?
07:32I'm really sorry.
07:33You do have to just cover this detail.
07:34Just do your best.
07:35We don't think he's ejaculated from the information that we've got from the victim.
07:51She said that she was protesting.
07:54He was very rough.
07:56And she was rough and aggressive and she was very scared.
07:59She's got bruising marks on her body that's consistent with the account that she's given.
08:04We know that she's gone to A&E and that her anus was bleeding.
08:07How much blood, I don't know.
08:25Yep.
08:26Green.
08:27That's blood.
08:32We don't know what that suspect is going to say.
08:35When the suspect denies sexual intercourse, then the forensics become very key to the case.
08:42But if we interview a suspect and the suspect is saying that, yeah, we had sex.
08:45It was great.
08:46She loved it and I loved it.
08:47It's very difficult to prove one person's word against the other.
08:50He hugged me.
09:00He told me that he wouldn't hurt me.
09:02He helped me and me dijo que no me iba a hacer daño.
09:05He told me that he wouldn't have hurt me.
09:07Y yo le dije que ya me has hecho daño.
09:10Que me quiero ir.
09:14He cansado y no puedo llorar, no puedo.
09:32We've got two exiliates tested positive for blood.
09:39Alright, okay.
09:40Police have seized forensic evidence at a hotel where a 19-year-old has alleged she was raped.
09:49Do you understand the reasons why you were arrested?
09:52Because obviously there's an allegation of rape overnight of the 30th and obviously through inquiries you've been identified as responsible.
10:02Just to give you a brief overview of the job.
10:05So a female's been out in the town centre Thursday evening.
10:08She's met up with a couple of guys with her friend.
10:11One of them has then threatened her and said you come with me or I'll kill you.
10:14And they've then walked to the hotel.
10:16She's been sexually assaulted and raped.
10:18So digital penetration then both of a vaginal and an anal rape.
10:22With a suspect in custody, PC Paul Falcon and DC Mel Knight from the specialist rape unit will lead the interview.
10:29Medical lights we got from the hospital last night because they're the ones that called it in.
10:32Brilliant.
10:33We're dealing with like a really emotive crime.
10:36It's, it's hard.
10:38It's, you know, it's hard going to listen to rapes every single day.
10:42She said, oh, she's in quite a bit of pain.
10:44You know, so of course it, it takes its toll sometimes, but personally I, I have to leave work, at work.
10:55Every single job is different.
10:57We've arrested anything from vicars to young schoolboys.
11:01It can be anybody.
11:03Any mental health problems?
11:05Have you tried to harm yourself?
11:07How are you feeling at the moment?
11:09You can speak to a solicitor, free of charge whilst here at the police station.
11:13No big duty.
11:15Duty, that's fine.
11:16Do you want anybody informing you're here?
11:18No.
11:19Okay, if you do change your mind, let us know.
11:22Can I have a signature from you just there, please?
11:24Just to say that I've explained the custody facilities to you and also asked any questions.
11:28There'll be a blanket.
11:29All right, sir, please don't get this.
11:30Sir, if you just want to grab him, yeah.
11:31All right, sir, please don't get this.
11:32Sir, if you just want to grab him, yeah.
11:35The duty solicitor, Arma Rathor, has been called from Luton to defend the suspect.
12:02When I pick up the phone and somebody says that they require my assistance and it's an
12:08offence of rape, it does make the hairs on the back of your neck go up.
12:15But one of the main fundamental reasons why I wanted to defend was because there's always
12:21a presumption that the person in the police station is guilty.
12:28Just because there is forensic evidence doesn't mean that there is a rape.
12:33There's always two sides to every story.
12:37Being faced with an allegation of rape is a traumatic experience.
12:41You're faced with somebody whose life is in the balance.
12:45This person we've convicted can go to prison for a very long time.
12:52I know you asked the inspector when I wanted a phone call to your partner.
13:01Have you had that phone call?
13:03No.
13:04You haven't?
13:05No?
13:06OK, that's fine.
13:07I think she has called up custody anyway.
13:10Yeah?
13:11OK.
13:14We can ask him to account for how she's got bruises all over her body.
13:18We need to cover with him consent.
13:21So how would he know she was consenting?
13:23All we need to do is plan for a no comment, but like a first account.
13:28So the who, what, why's, all of that.
13:34We often get a lot of no comment interviews for rapes.
13:37We get a lot of pre-prepared statements.
13:40Ultimately, you just want them to talk.
13:42You want them to tell us what, what has happened.
13:44To try and get to the truth.
13:59Ready?
14:04My first question to you is, are you responsible for the rape album?
14:07I'll go.
14:14All right?
14:15Yeah, yeah.
14:16You sure?
14:17Yeah.
14:18You have the right to remain silent.
14:20But if you do that, and the matter goes to court,
14:23the first thing the courts will look at,
14:25if this person is innocent, if this person had nothing to hide,
14:29then why did they not put their version of events across
14:32at the first opportunity, which was at the police station?
14:37Yes.
14:38That's nothing like this.
14:39I, I mean, didn't I have to do something like this?
14:42How are you, your family, your family, your family?
14:45No, I'm not being an expert.
14:46No, I don't.
14:47No.
14:48No.
14:49No.
14:50No, no.
14:51No, no, no, no.
14:54No.
14:55No, I, I don't.
14:56I don't know.
14:57What are you, Phil?
14:58No, no, no, no, no.
14:59No, no, no, no, no, no, no, no, no, no, no.
15:00A couple of seconds, he started wanking me off again, saying,
15:03come on, let's wake it up.
15:05You can't disappoint me like this.
15:08He says, do you want a blowjob?
15:10I said, no, I don't really like him.
15:13It's not my cup of tea.
15:16I just went around with the bum.
15:19You know, just to try and see if I can get my heart on that.
15:23How were you playing with my finalists?
15:25I did actually put my finger on it.
15:26How did she react when you did that?
15:31When I did it first, she jumped.
15:33She says he could let me know.
15:36Did you attempt to penetrate her anus with your penis?
15:39No.
15:40And throughout, was Alba consenting?
15:43Yes.
15:45In your mind, in your opinion, how was she consenting?
15:48Just from the physical contact that she was giving with her.
15:51Did she make any noise?
15:53She was groaning a bit.
15:55I did at one point see.
15:56I can keep it down a bit.
15:58We were swollen, so I don't know if it was.
16:00So you said she was groaning.
16:01Was she saying anything else?
16:04No, just a moment, but enjoyment moment.
16:06Not screaming to leave or crying.
16:08If she was crying, I would have just stopped.
16:11Were you ever physically violent to Alba?
16:14No.
16:15Would you say you were forceful?
16:17No.
16:18She's got reddening to her neck and bruises to her arms.
16:22What?
16:22Did you do anything to her that could have caused those bruises?
16:27No.
16:27No.
16:27No.
16:27No.
16:29This is a really serious allegation.
16:31It's true.
16:31And was there anything that you can think that happened that night to make her, effectively, you're saying she's making it up.
16:43So is there anything that happened that makes you think, actually, she's going to have, she's going to really get me in trouble here?
16:52No.
16:52If you want to stop it, we can just take a step outside and have a quick chat and some water.
17:03There is always a risk when a client is giving an account, because sometimes they may say too little or too much, which could lead to self-incrimination.
17:14He's basically going down the line of consent.
17:22He gets chatting to Alba.
17:24At this point, he's had nine pints and a Jagerbomb.
17:28And he says he's not affected by that at all.
17:31He said on a scale of one to ten, he would be a five.
17:36And he wouldn't even consider that tipsy.
17:40She, as far as he's aware, has had two.
17:43He penetrates her vagina, but he loses his erection after about three seconds.
17:50She asks him, do you want a blowjob?
17:51And he said, actually, no, then on my cup of tea, I don't really want one, thanks.
17:58So...
17:58He doesn't mention anything about being rough or anything during the intercourse?
18:03No.
18:03We talked about any noises she made, and it was just groaning.
18:08At one point, he said, look, you know, this is a hotel, can you keep the noise down?
18:13It's a hotel, can you keep the noise down, can you keep the noise down, can you keep the noise down?
18:17Rape is, I would say, nine times out of ten, one word against the other.
18:22And our opinion on whether it's happened or not, it doesn't matter, because, actually, we work on evidence.
18:29We collect things like CCTV, trying to corroborate the account the victim's given us.
18:35The lady that runs that hotel, her husband had mentioned to her overnight on Thursday on the CCTV that there was a blonde female in the corridor.
18:44When I've questioned and asked her, she said that was about 12-ish, 1-ish in the morning.
18:48So that's...
18:48And all she can say is that he's actually...
18:50The female had blonde hair, which fits in with our victim.
18:54We need to view that CCTV, seize that CCTV.
18:57I'd like to get her to be interviewed and a statement to be taken.
19:00Police retraced the route from the bar to the hotel to identify cameras that may have captured vital evidence.
19:09Because we don't know if she's gone that way or that way.
19:12If I walk that way, do you want to have her walk that way?
19:17CCTV is really important.
19:20It's difficult sometimes to interpret, because, obviously, it doesn't necessarily always pick up body language,
19:24it doesn't pick up what's being said, but it paints a picture.
19:27I really thought that the courts would have had some Tesco's ones that have been quite good in the past.
19:33There's obviously... There's this camera here, isn't there?
19:47Officers have obtained CCTV from the bar where the victim and suspect were drinking.
19:53Analysis of the footage will be key as detectives compare their accounts.
19:58You have to be able to look at it from both sides.
20:01Yes, as a victim of rape, it's horrendous.
20:04But how horrendous must it be to be a suspect of rape that's been wrongly accused?
20:08I was just...
20:09I thought he'd be outside going to be smoking a cigarette and talking to him.
20:15And he came and me told me...
20:18You, give me a seat or you'll need problems.
20:21So, as I did not want to have any problem, I went with him.
20:24I became broke. My mind became broke.
20:37Were you interested in having any kind of kissing or any sort of sexual contact with him from that point?
20:44All right. It's the truth.
20:49Well, I don't think I've got any other questions.
20:52The interview's going to be time-related now.
20:56Yeah, so I got chatting to this Albert.
20:58And then, before and ever, we had Tom Barney to his friends.
21:02She more or less dragged me out of the port.
21:05She grabbed me by the hand and said, come on, let's get back.
21:08I said, well, where are we going? She says, let's go back to yours.
21:11She states that you've said to her, you're coming with me or you're going to be in trouble.
21:16No.
21:17Did you say that to her?
21:18No.
21:19If I said that to her, why would she continue going?
21:22If someone said that to me, I'd have to turn her in and come back the way.
21:25She's telling us she was frightened of you because of the words you used and the way you said it.
21:30She felt threatened.
21:31She wouldn't have made that she's no metres away.
21:34She could have called for out.
21:35She could have done anything just to get her away from her, if that's what she wanted.
21:39Yeah.
21:40There's some stills that were printed off where it's quite apparent that she may well have gone there, sort of, on her own accord.
21:54Yeah.
21:55You know, she's not been...
21:56Forced.
21:57She says she's been coerced by the very nature that he's threatened her, but it appears that she has gone there on her own accord.
22:10Are we saying the 30th?
22:11Yes.
22:12What have we got so far?
22:13We've gone for midnight.
22:14This is them arriving.
22:27They arrive at 23.36.08.
22:31They enter together.
22:32OK.
22:38And it is closely together.
22:40She is behind him.
22:42There is a small touch to the small of his back, like a friendly touch.
22:47I don't want him.
22:53I don't know if you saw that, but there was a touch there.
22:55Yeah.
22:56She's carrying a coat there.
23:02I can think of many a time when I was a young woman, when I put myself in some awful situations,
23:07and I've just, you know, thanked God that nothing happened to me.
23:12If you think that the victim hasn't been completely truthful with you throughout,
23:16and there might be reason for that.
23:18It may be because they feel that they may be judged by decisions that they've made.
23:22But because of that, that then will hinder their ability to be like a good witness.
23:28And you can just see it in court now.
23:29The defence, well, officer, I put it to you.
23:31If she's lied about this, what else has she lied about?
23:36Dark jeans, leggings, dark sort of flat or flattish shoes.
23:40You want people to be honest and truthful with you.
23:43You want people to say to you, yeah, do you know what?
23:45I was quite happy to go back to that hotel room.
23:47I was feeling a bit frisky.
23:48I thought I'd go back and have a bit of sex.
23:49That's great.
23:50It just went totally out of control and wasn't what I wanted.
23:53And people aren't willing to always do that.
23:56You know, people kind of understand a woman walking down the street
23:59and getting dragged into the bushes and raped.
24:02But that's kind of like the rarity.
24:03Most of the times people have kind of like quite happily gone somewhere
24:06with a friend that you know and you're having sex with them
24:08and then it goes to beyond what you want and you say no,
24:11and then that is rape.
24:12Is it easy to show me them leaving?
24:14Can't do.
24:15Her stance has changed, hasn't it?
24:28Hmm.
24:40So they haven't left in the same way in which they came in, has they?
24:43Definitely not, no.
24:44It's very friendly on the way.
24:45Yeah.
24:48Yeah, some things are set up.
25:01Consent is one of the things that I've thought about time and time again.
25:07I do think people think that, you know, once you've agreed to having sex with them
25:10and then people have this kind of, oh, poor man, they can't stop themselves, can they, men?
25:13Once they're halfway through, they have to continue.
25:15It's like, no.
25:16You know, they stop.
25:17If you say no, they stop.
25:20The next episode she's having sex with children's anxiety.
25:319 Hi.
25:322334.
25:33That was when we first see her.
25:34see you. Police are investigating the alleged rape of a 19-year-old by a stranger she met in a bar.
25:44Here you go mate. Watch your fingers roasting hot mate, all right? Okay, see you, see you later.
26:04The suspect's solicitor has been informed that in light of new evidence, his client will be asked to account for his behaviour.
26:18Just when you think your client's done enough, he's given an account, he's coming across credible,
26:25the police decide to unload some more evidence. You don't know what ace card the police may have
26:32on their sleeve and maybe this was their poker face in a sense to catch the client out.
26:40You've probably quickly got dressed and she's told you she's going
26:45and you've walked to her home. On the journey home, did any discussion take place about what had just happened?
26:52The discussion happened, me being a letdown, I couldn't get an order and I couldn't have sex with her.
27:00Just since I thought he would have been a bit better than that.
27:03You haven't mentioned an argument but was there any kind of...?
27:07Yeah, it's...
27:08Basically that was it.
27:11I just want to show you a little bit of CCTV.
27:17Whilst you're watching it, if you can just describe to me what is happening.
27:21How would you describe Alba's body language?
27:40How would you describe Alba's body language?
27:42Yeah, she's frustrated there.
27:45In your opinion, her body language is just a sign of frustration.
27:50Yeah.
27:52When I viewed that, to me, her body language is a little bit more than someone that's frustrated.
27:58OK.
27:59It's her trying to physically get you away from her.
28:03She was disappointed and I was just trying to say, I'm sorry.
28:08She doesn't know you, as far as we're aware.
28:10You've never met her before, like, Thursday night.
28:15This is one hell of an allegation.
28:18I would struggle to understand why she'd involve the police
28:22if it was just because she didn't get sex, it just seems...
28:30Did she march off in front because of what you said or was it because
28:35you'd raped her and she wanted to genuinely get away from you?
28:40From what she says.
28:41OK.
28:49After giving her statement, Alba cuts short her stay in England and returns to Spain.
28:54And suddenly, in a moment, she changes the life.
29:05I've been told many times, it's my fault, it's my fault, because...
29:13And it's a lie, it's not...
29:15And it's my fault, right?
29:16If you're not going to party, you'd like to kiss you with a girl and so on.
29:23And you don't have to do that.
29:27And what?
29:28I've kissed her.
29:30And why do you have to do that?
29:31all right strengths and weaknesses was there anything we needed to add
29:47the detectives are ready to present the case to the crown prosecution service
29:54they will decide whether there is enough evidence to charge the suspect with rape
30:01yeah
30:09and yeah a lot of the injuries have started to fade so we haven't got photographs but we
30:14do have a statement from the nurse and on the body map of the medical notes yeah yeah
30:21they look like restraint marks restraint marks they look like sorry
30:31I still feel they're sufficient to charge okay and my supervisor just wants to have
30:42a quick chat with you if that's all right yeah okay and don't lose your shift manager
30:46tonight then if we want to appeal it it's the credibility of the victim because it's
30:52okay he's not budging on his decision if the police have enough they will charge within
31:07that 24 hours 24 hours in custody is ample amount of time to bring a charge and when more times
31:14required then you start thinking they're missing a piece in that jigsaw
31:18hello it's a DC night I'm the officer that's been working on the case and I know a lot more about it
31:26than the inspector but we're not giving the victim a service now at this moment in time if I was to
31:34ring the victim and say I'm really sorry CPS won't charge that is not giving her a service the inspector
31:41wants a word so I'll pass you over thanks
31:43he's saying there's insufficient evidence to charge and this happens time and time again with rapes
31:55any news of what we're going to do with him
32:07yeah I was presuming one of the conditions will be not to come to Bedfordshire
32:13yeah as soon as that's done we can get him out of here and stop his clock
32:17all right okay mate see you later bye bye
32:21that's the only property you come in with mate
32:38with a decision from the CPS that more evidence is needed the suspect is released on bail
32:47seek medical help mate if you start to feel unwell after leaving custody
32:50the police will now only be able to get a charge for rape if they can find fresh evidence
32:55that corroborates the victim's account
32:57ya no tengo nada ni moratones ni ni heridas ni me duele nada
33:03a mà yo ya estoy harta de de como soy o sea es lo que más me duele ser asà por por un tÃo que yo no
33:14he conocido nunca que que me ha jodido porque yo estoy jodida por eso
33:20a rape suspect has been bailed pending further investigation in the search for witnesses detectives
33:40have been contacting guests at the hotel the actual scene has happened in room four it is as the victim describes
33:46it's got a bathroom opposite here you've got rooms that are at the front of which
33:50wouldn't be in a great position to actually hear what would happen in the back rooms
33:54um we've located the journey chap who's in room three unfortunately for us he's english isn't great
34:01he keeps shaking his head and i don't think we're gonna at this time get an awful lot from him and
34:05whether or not he's heard anything where he is we'll have to get an interpreter out and find out
34:10he's sort of hitting her and he's been quite violent with her and then he rapes her vaginally and anally
34:21they're both agreeing that sexual activity took place is just what activity and it's consent it's a consent issue yeah
34:35when an allegation is made it will split people's opinions you know the people that know the suspect
34:43will say well i could never imagine him doing that and the people that know the victim would say i could
34:48never imagine them making that up when they leave she is she does walk very briskly away from his room
34:56she's trying to she's looking back as if to see if he's following her she's moving away she's you know
35:04shying away from him she's trying to push him off
35:07she's trying to push him off
35:09she's trying to push him off
35:10she's trying to push him off
35:11she's trying to push him off
35:12she's trying to push him off
35:13she's trying to push him off
35:14she's trying to push him off
35:15she's trying to push him off
35:16she's trying to push him off
35:17she's trying to push him off
35:18she's trying to push him off
35:19she's trying to push him off
35:20she's trying to push him off
35:21she's trying to push him off
35:22she's trying to push him off
35:23she's trying to push him off
35:24she's trying to push him off
35:25she's trying to push him off
35:26she's trying to push him off
35:27she's trying to push him off
35:28she's trying to push him off
35:29she's trying to push him off
35:30she's trying to push him off
35:31she's trying to push him off
35:32The German witness has agreed to be interviewed. His statement could strengthen the case.
35:51This is located in my room, straight to the left, opposite of my room.
36:04Opposite.
36:05And the voice, the female voice that you heard, which room was that coming from?
36:09Yes.
36:10Macamdi.
36:11From room four.
36:13I'm going to the bathroom.
36:15Right.
36:16When I opened my room, I heard a loud female voice.
36:23So I thought, I'm sorry to complain to the hotel chef.
36:30The female voice repeated very loud the same sentence.
36:37I will it.
36:39It's the right words.
36:42I will it.
36:43That's all you heard?
36:45I will it.
36:46Would you say that the sound of the voice ever became distressed?
36:52Okay.
36:53Okay.
36:54Okay.
36:55Okay.
36:56Okay.
36:57Okay.
36:58Okay.
36:59If it was a scary thing for me, it was something that's not normal, then I would probably have
37:03not been able to do it.
37:04Okay.
37:05You went to the toilet across the hall.
37:07You went to the toilet across the hall.
37:08If something is not normal, then I would probably not have to worry about it.
37:38In his mind there, he heard a woman's voice, and he only hears a female voice.
37:44To him it sounds like, I will it.
37:50And we've sort of clarified that a couple of times with the translator,
37:53and in his mind he heard, I will it.
37:56Whether that's accent coming across...
37:58Yeah, I was going to say, we just can't lose sight of,
38:01we've got a Spanish lady that speaks very little English,
38:05we've got a German man that doesn't speak English.
38:09We could ask him if at any point he was concerned by what he heard and he said...
38:14No. OK. Thank you very much.
38:18The burden of proof is on the police and the CPS.
38:21We need to know exactly what the answers are to all of the question marks,
38:28and ultimately if we can't get those answers,
38:32or we struggle to get those answers, then that is a flaw in the case,
38:37and that is, you know, a point in the case that, you know,
38:41would become problematic within a court case.
38:46In light of the witness statement, the victim, Alba,
38:49has agreed to return from Spain to be re-interviewed.
38:52OK, guys, we've started the recording. OK.
39:00So you're all on camera. We're... It's audio and visual, yeah?
39:05We're dealing with a really serious offence,
39:08probably one down from murder.
39:10It's right that we challenge our victims when you say,
39:16this is what happened,
39:18and then somebody tells us that's not what happened,
39:21all we ask for is for them to tell us what the truth is.
39:26So I understand you've returned, um, to England from Spain late last night, yeah?
39:31To you. Yeah, but thank you very much for coming all the way from Spain.
39:36So the purpose of this second interview is just to clarify some issues
39:41that have arisen from the investigation.
39:44The first thing I want to ask you about is, um,
39:47a statement was taken from a German man.
39:50He heard voices in the next room.
39:53He heard, um, odd words in English.
39:58When I say odd, I mean like just a few here and then, yeah.
40:02What he recalls is, is words similar to, um, um, I will it.
40:07I will it.
40:08Yeah, I know that doesn't make grammatical sense,
40:11but the English words are, I will it.
40:14Um,
40:16He said that he heard something like, in English,
40:22I will it.
40:25I will it.
40:27No, the words that he heard were something like, I will it.
40:32That means that I'll do it.
40:34I don't know what it means. I don't know what it means.
40:37I will it.
40:38It's when I asked him,
40:40I asked him,
40:42do you kill me?
40:44Uh, could it be him answering, I will do it?
40:47Sorry, what I didn't make clear was,
40:48that was the female voice of a female voice.
40:50Um,
40:51could it be him answering, I will do it?
40:55Sorry, what I didn't make clear was,
40:56that was the female voice,
40:57of a female voice.
40:59A lo mejor le decÃa que necesitaba irme o,
41:02I need it,
41:03o algo asÃ.
41:05Maybe I said something like,
41:06I need it, need to go.
41:08Okay.
41:09I will it.
41:10I will it.
41:11I will it.
41:12I will it.
41:13I will it.
41:14No.
41:15No.
41:16I can, I swear on my life,
41:18I had a terrible time that night,
41:19I didn't want anything that was okay.
41:21What he's saying is that the voice,
41:23the female voice,
41:24his opinion,
41:25was not distressed.
41:27No.
41:28No.
41:29No.
41:30He's saying not,
41:31he's saying,
41:32had it been,
41:33he would have,
41:34perhaps done something about it.
41:35That's what he's saying.
41:36No.
41:37No.
41:38No.
41:39No.
41:40No.
41:41He's saying not,
41:42he's saying,
41:43had it been,
41:44he would have,
41:45perhaps done something about it.
41:46That's what he's,
41:47that's what he's saying.
41:48Well,
41:49I can promise you that I,
41:50I had a terrible, terrible shot.
41:51Alba,
41:52please listen for a moment.
41:53The,
41:54the questions and things we've discussed in this interview,
41:55are things that we,
41:56we have to ask you.
41:57It is not meant to,
41:58to come across as if,
41:59we,
42:00we don't believe your account for a minute.
42:20Because it's your truth.
42:22And it's how you lived it.
42:24Uh,
42:25it's Bedfordshire Police.
42:43Um,
42:44it's Spanish.
42:47Um,
42:48I was just speaking to one of your Spanish interpreters,
42:49uh,
42:50I was just speaking to one of your Spanish interpreters,
42:52I'm speaking to one of your Spanish interpreters.
42:55If you can dial them for me, please, they're in Spain at the moment.
43:01The CPS have been told what the witness said
43:04and have given police their verdict.
43:14I just need to speak to Alba, give her an update
43:17in relation to the investigation
43:19that we've been investigating for her.
43:24We have reviewed all of the evidence now,
43:28including taking statements
43:30and reviewing all of the CCTV we've had to hand.
43:34Unfortunately, at this time,
43:37there is insufficient evidence to progress this case any further.
43:42So we are looking at filing the report now.
43:44Obviously, if you could just pass on my apologies to Alba,
43:48that at the moment we are unable to do anything further.
43:52However, the report will remain on final.
43:55So should further evidence come to light at a later stage,
43:59we can reinvestigate it for her.
44:03Rape is one of the hardest crimes to prove.
44:06If there's a case that's filed no further action,
44:09it's never because we don't believe the victim,
44:10it's always because we don't have enough evidence.
44:11Is there anything that Alba would like to ask me?
44:12Is there anything that Alba would like to ask me?
44:13Is there anything that Alba would like to ask me?
44:15Is there anything that Alba would like to ask me?
44:19We're constantly, CPS and the police, beating up for our stats
44:21in relation to positive outcomes of rapes.
44:22But it is so difficult to prove.
44:23You can see that how can you prove beyond reasonable doubt
44:24that she was raped that night, how can you prove that?
44:25How can you prove that?
44:26Love you, thank you very much. Bye-bye.
44:27Bye-bye.
44:28Bye-bye.
44:29Bye-bye.
44:30How are you feeling?
44:31How are you feeling?
44:33are stats in relation to positive outcomes of rapes but it is so difficult to prove you can
44:38see that how can you prove beyond reasonable doubt that she was raped that night how can you prove
44:43that love me thank you very much bye-bye
45:09rabia
45:13pena que es injusto
45:22no lo entiendo
45:29yo muchas veces se lo he dicho a mi madre el dicho es que yo solo quiero
45:36es que no
45:43no no puedo
45:46al final si no los vueltas lo llevas todo tu dentro ¿sabes?
45:58vale ya está
46:01no lo que no es que no lo que no lo agradezca
46:05the one thing i think everybody agrees with is something happened to that girl you know
46:12something's happened to her what it is we will probably never know
46:35for help and support on any of the issues raised by tonight's program visit channel 4.com
46:45support next wednesday from nine make your mind up time hours before the eu referendum join the
46:51final debate with jeremy paxman and guests right here on channel 4 power monkeys next
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