Essex Boy (29 page)

Convinced that Alvin, Percival or both were responsible, the police were left in no doubt that Griffiths and Walsh must, therefore, be lying. They had to be, because they had both said that Alvin and Percival were in their flat at the time the police claimed Boshell had been murdered. Kate Griffiths, a hard-working young woman of good character, was seen by the police as the weakest link in the alleged plot to provide Boshell’s killers with an alibi, and so she was subjected to intense questioning over two days. Laughing nervously when they accused her of lying during her numerous interviews, Griffiths insisted that she was telling the truth.

Kevin Walsh was undergoing a similar interrogation to Kate Griffiths. He, too, was insisting that he was innocent, but the police officers interviewing him were far from convinced. After two days of relentless questioning, Griffiths and Walsh were bailed to reappear at a police station pending further inquiries. Shortly after the arrests of his three friends, Percival had handed himself in at a police station and was arrested for the murder of Dean Boshell. Later the same day, after giving a no-comment interview on the advice of his solicitor, he too was bailed to return to the police station at a later date.

On 21 October 2004, all four suspects attended Harlow police station where Alvin was formerly charged with the murder of Dean Boshell and Percival, Griffiths and Walsh were charged with conspiracy to pervert the course of justice. Later that afternoon, they appeared in court, Griffiths and Walsh were released on bail to await trial but Percival and Alvin were remanded in custody to my old address, HMP Chelmsford.

CHAPTER ELEVEN

On 2 September 2005, just ten days before Alvin’s trial was due to
begin, DC Sharp was dispatched to take a more detailed statement from Gordon Osborne. The police were desperate to firm up their theory that the telephone call made at 2348 hrs to Alvin’s then-girlfriend, from the payphone near the allotments, was relevant to Osborne’s recollection of hearing a gunshot or, as he later said, ‘gunshots’, between 2300 hrs and 2330 hrs. The police believed that Alvin had murdered Boshell at around 2330 hrs and then walked to the telephone box, which was described as ‘a stone’s throw away’, to ring his partner Clair for a lift home. Rather naively, the police had never considered the possibility that it may have been Boshell who made the call, which is why Clair had initially refused to sign her statement.

Since the murder, Osborne had left the UK for Spain, where he had set up his own bar and restaurant. When DC Sharp travelled to Spain to meet Osborne, Osborne explained that he had emigrated because he was ‘fed up of life in England’, so much so in fact, he said, that he was never going to return there. Osborne said that he and his family were settled where they were and, in any event, the weather was far better in Spain than in Essex. DC Sharp noted that during their conversation Osborne appeared relaxed; he spoke freely about his business, his plans for the property he was living in and the quality of life that he was enjoying. However, the mood changed when DC Sharp explained that the contact numbers Osborne had given to the police were no longer in use and the address he had provided was incorrect.

‘Locating your whereabouts,’ DC Sharp said, ‘has not been easy.’

Osborne explained that he was not trying to avoid the police, he had merely lost his phone and he had only recently realised what his actual address was.

I have never heard of an adult not knowing his or her home address, but Osborne’s explanation was accepted by the officer without further comment. DC Sharp asked Osborne if he would be willing to return to England to attend court and give crucial evidence about the gunshots he claimed to have heard, but Osborne was emphatic when he said ‘no’ and assured DC Sharp that he would never change his mind because he feared those who had been charged in connection with the murder. That is ‘the official police line’ in any event, but many would argue that Osborne didn’t want to return to England because he knew that there was an outstanding warrant for his arrest in relation to an indecent assault, which might result in him swapping his good life in Spain for an English prison cell.

We are asked to believe that, although disheartened, DC Sharp refused to concede defeat and asked Osborne to make another statement, which he would submit to the prosecution, in the hope it could be read out at the trial in his absence. DC Sharp knew that if a judge was made aware that Osborne feared for his safety, then this method of including his evidence might be ruled as acceptable. Osborne agreed and, despite it being four and a half years since the night Boshell died, he managed to recall even more details than in his previous statements.

‘Dealing first with the house-to-house inquiry form,’ he said, ‘I recall the details I gave were recorded by a detective who called at my door. I will admit that, at the time, I didn’t really think about the answers I gave to the officer and I was quite vague about what I said. However, by the time an officer called to take a full statement from me, I had given it more thought. In this statement I said that I went to bed at about 2100 hrs on the night in question. This was probably earlier than the usual time I go, but I’d had a hard day at work. My bedroom was at the rear of the house. I would always have one of the bedroom windows open; the curtains would also have been open because they were never closed. Occasionally I would read in bed, sometimes I would just drift off to sleep. On the night in question, I can’t recall what I did or how long I was awake before I went to sleep.

‘I woke up at about 2300 hrs that same evening; I’d heard two or three shots coming from the allotment. I can’t be more specific about the time now, but I had a digital alarm clock by the bed, which I did look at. I immediately recognised the sounds as coming from a handgun; this type of weapon has a distinctive sound, totally different from a shotgun or rifle. I have had experience of firearms since I was 11 years of age, when I shot rifles with the Sea Cadets. I remained in the cadets until the age of 16. At the age of 17, I joined the Royal Marines, staying with them for 18 months. During my time with the Marines, I was trained on the Browning 9mm semi-automatic pistol, self-loading rifles, Lee Enfield rifles, American M16 rifles, German Mausers and Lugers. Since leaving the Marines, I have not had any dealings with firearms but, like riding a bike, you never forget what you’ve learned and the sound each weapon makes. I can’t say how far away these shots were. All I can say is that the sounds definitely came from the back of my house.

‘I have been asked if I will return to the United Kingdom and give evidence. I can state that I will not. While living in the Leigh-on-Sea area, I would frequent the Woodcutters Arms and I am all too aware of the reputation of the people that use this pub, and of those charged in connection with the murder. I would fear not only for my safety, but also for that of my family, should I return as a witness. I have also been asked if I would consider giving evidence by video link. I will not for the reasons already explained.’

It wasn’t the result that the police had hoped for, but Osborne’s statement was nevertheless encouraging. Here was a man with an excellent knowledge of firearms who had not only heard two or three shots around the time Boshell was believed to have died, but he had also identified them as coming from a handgun. Such knowledge and expertise were bound to impress a jury and confirm to them that Boshell had met his death shortly before the telephone call had been made to Alvin’s girlfriend.

When Alvin, Griffiths, Percival and Walsh appeared at Chelmsford Crown Court to stand trial, they all pleaded ‘not guilty’ to the charges that they faced. During the first week of the proceedings, the jury was sworn in and the opening speeches were made by both the prosecution and the defence. As a result of legal arguments, the jurors were removed from the room during the second week. The prosecution had said that they wished to introduce as evidence the notes that the police had made when Boshell had given information about Alvin. If the judge agreed to let the prosecution use these notes, they would prove to be extremely damaging to Alvin’s defence, so he had instructed his legal team to oppose the application.

The defence claimed that Boshell had been a fantasist whose word could not be relied upon and, to highlight this fact, a letter written by Boshell while in prison was read out in which he talked about taking a knife off a fellow inmate and stabbing him repeatedly, after he had been set upon by a gang. It was proven beyond doubt that no such incident had ever occurred. Using Boshell’s words to convict a defendant of murder would, they argued, be at best unsafe. The other problem with permitting Boshell’s evidence to be used was that the defence would not have an opportunity to cross-examine him. For instance, nobody, including the police, believed that ‘Dave the doorman’ had shot the Trettons, as Boshell had claimed. Since Boshell was deceased, the defence would, therefore, be unable to question him, in order to find out what other lies he may have told and why.

During the course of these legal arguments, the judge had invited the prosecuting counsel and two police officers involved in the case into his chambers so that he could be made aware of some of the unused material. This unused material included police intelligence surrounding the alleged identity of Boshell’s murderer. Defence lawyers were not invited to attend this meeting and so were unable to make representations on behalf of their clients. It is understood that only intelligence accusing Percival of the murder was put before the judge. When the judge ruled that Boshell’s evidence could be used as evidence, Alvin was devastated. He immediately announced that he wished to talk to his barrister in private.

‘At this stage in the proceedings, I wasn’t happy,’ Alvin said later. ‘I was getting worried about the possible outcome of the trial. I began to realise that my legal team were talking sense; they had informed me that there was a good chance that I would be convicted if I didn’t tell the police the full story. They did not know the truth; all they knew was that I was denying the murder. The trial was adjourned and I was given the weekend to contemplate my future.’

Throughout the weekend at Chelmsford prison, Alvin acted as if nothing had changed between himself and Percival but, behind the mask, he was plotting and scheming against his unsuspecting friend. Alvin had decided that Percival could be adapted to fit any missing space in the picture that he needed to paint in order to avoid a murder conviction. The police believed that Percival had shot the Tretton family, and so convincing them that he had also shot Boshell would not be hard. On Monday morning, Alvin discussed his options in an interview room with his legal team. They advised him that the evidence against him was very strong and there was every possibility that he would be convicted and sent to prison for life.

In a corner and out of ideas, Alvin blurted out that he was innocent; it was Percival who was responsible for Boshell’s murder and, although present, he had played no part in the shooting. Alvin’s defence team made the prosecution aware that their client wanted to make a fresh statement and when the judge was informed of this development, he granted an application by the prosecution to adjourn the case. The jury was discharged and the judge said that Alvin should be given as much time as he needed to make his new statement in full.

Instead of being returned to HMP Chelmsford that evening, Alvin was taken into police custody so that he could give his latest version of events concerning the murder, and other matters such as the Tretton shootings.

In the first of many interviews, DC Sharp told Alvin: ‘Through your legal team, you served a further defence statement in which you indicated that you were not actually responsible for the murder of Boshell. You described in some detail how Mr Percival committed the murder. I must inform you that you’re not viewed as a witness for the prosecution and you must understand that your co-operation does not mean that the case against you will, or may, be discontinued. Any information you do provide will, together with the results of any subsequent police investigations, be passed to the Crown Prosecution Service for its further consideration of the case against you.’

Alvin breathed an inward sigh of relief because he knew that the murder allegation against him would no longer be pursued. The freedom that he was prepared to stab himself for, steal wreaths from graves for and tell continual bare-faced lies for was ensured. All Alvin had to do was tell a convincing story that blamed Percival for all the crimes that
he
had committed. His was an easy task. Alvin had been locked in a prison cell for a year awaiting trial with copies of every witness statement, every crime scene photograph and every other document relating to the murder and so he knew the case inside out.

In the weeks and months that followed, Alvin was interviewed on an almost daily basis. After contradicting himself, ‘forgetting things’ and then miraculously remembering them, Alvin came up with a story that eventually resulted in Percival being convicted and sentenced to serve a minimum of 26 years’ imprisonment. Kevin Walsh was convicted of conspiring to pervert the course of justice and sentenced to three years’ imprisonment, because he allegedly gave Percival a false alibi. His ex-girlfriend, Kate Griffiths, was charged with the same offence, which had allegedly been committed at the same time and in the same circumstances, but she was found not guilty. Damon Alvin was praised for assisting the police, handed a large sum of public money and offered all of the help available to assist him and his family to walk away from the mess that he had created.

Like Tucker’s Essex Boys gang, Alvin’s firm had fallen apart after an orgy of violence and, when the police began investigating their crimes, it was every man for himself. Like Tucker, Tate and Rolfe, Boshell lay dead; like Nicholls, Alvin ended up in the Witness Protection Programme; and, like Steele and Whomes, Percival was wrongly convicted and sentenced to life imprisonment. I thank God that I remain the last man standing from those two violent, drug-fuelled eras. I certainly won’t tempt fate and make the same mistakes again.

Following Boshell’s murder and my friends’ arrests, I found myself alone, which gave me time to think about my past but, more importantly, about my future. Unnatural thoughts began to fill my head. I imagined myself finding a girl, settling down and doing an honest day’s work for a day’s pay. Laughing as I lay on my bed I began to warm to the idea of having 2.5 children, a 3-bedroom semi-detached house, a white picket fence and a modest car on the driveway. I hadn’t felt such a buzz since the night I had gone to the Epping Country Club to celebrate my birthday when Tate had given me my first ever Ecstasy pill. I had never attempted to dance before, but half an hour after swallowing the small white pill it had suddenly dawned on me that I was, in fact, the best dancer in the building. Prancing about on a raised podium, I had grinned insanely at the crowd, who all appeared to be mesmerised by my unique moves. As I looked down at my adoring fans I could see that Craig Rolfe was laughing, Tucker was glaring at me and Tate was shaking his head in disbelief.

‘Fuck them,’ I kept thinking to myself, ‘this boy was born to dance.’

Fantasising about a trouble-free life actually made me feel better than I had felt that night, so I decided to do an incredibly irrational thing. I tipped £1,500 worth of quality cocaine into my toilet, threw 500 Ecstasy pills in after it and flushed away the lot. I then left the house looking for a job. Let’s not get carried away here, this is the real world that I’m talking about. Of course I didn’t find a job. Who in their right mind would employ a man who had a reputation for shooting people? The main thing is, I tried, and I kept on trying because I knew that, in the end, my luck would change.