Foreigners (25 page)

At the trial the defendants' lawyers sought to 'characterise'
David Oluwale. They presented him to the jury as
a man born in Lagos, Nigeria, in 1930 as a member of the
Yoruba tribe. He was, according to them, possibly a fisherman.
He had stowed away to England in 1949 and arrived
as an illegal teenage immigrant in Hull. He was sentenced
to twenty-eight days in jail for this crime, and he began
his sentence at Armley jail on 3 September, 1949. As far
as the defence was concerned, Oluwale was 'not quite educationally
subnormal', but he was certainly not 'bright'.
Variously known to the police as 'Ollie', 'Ali', 'Uggi', or
'Lone Duckie', he was a loner with not many friends. His
mental health problems allegedly began in 1953, and he
entered High Royds Hospital in Menston where he was a
patient for the next eight years. The defence called Dr
Richard Corty, who was the consulting psychiatrist at High
Royds. The doctor stated that, 'at times [Oluwale was]
completely withdrawn and inaccessible and on other occasions
aggressive, noisy, violent, and disturbed . . . He was
hallucinating – he saw animals, lions with fish's heads and
said these animals were going to kill and eat him . . . He
bit people, spat, but his condition gradually improved so
that he was no longer giggling and talking to himself in
a confused or childish manner. Originally he would defecate
and urinate in the ward. He had two jobs but lost
them through fighting and stealing.' The defence then called
a staff nurse, a Mr Eric Dent, who described Oluwale as
'built like a miniature Mr Universe and [he] could take
more punishment than Cassius Clay'. Mr Dent went on
to assert that Oluwale was 'like a savage animal'.

The defence claimed that during his twenty years in
England, Oluwale had been imprisoned on numerous occasions
for assault on police, disorderly conduct, and 'walking
abroad'. He had often been picked up under Section 4 of
the Vagrancy Act, 1824, which empowered the police with
the right to stop anyone they suspected of committing an
offence. According to the police, Oluwale had often been
violent to those who had crossed his path, and he habitually
used newspapers for sheets and a duffel bag for a pillow.
He was no more than a 'dosser' who didn't work, and he
was not acceptable as an inmate of a hostel. All Ellerker
and Kitching wanted was a 'clean city' and, with this in
mind, Oluwale was a problem. The defence argued that this
was a man who drew social security payments so that he
might simply spend them on alcohol. According to former
Inspector Ellerker, 'Oluwale was a small, chunky man, filthy
in his personal habits. He was not the sort of man one
wanted to grapple with too long or too close . . . His language
was dirty, and he was fluent in the use of four-letter words
. . . when Oluwale became excited he would set up a highpitched
screaming noise – although nothing was happening
to him. He would scream and shout before being spoken
to.' Chief Superintendent Leonard Barker appeared for the
defence and reminded the court that Sergeant Kitching had
recently been presented with a Humane Society Award for
rescuing a man who had fallen into the River Aire.

The prosecution presented a somewhat different version
of events. They spoke of the continued harassment that
Oluwale had been subjected to since arriving in England
as a teenager, and how this harassment became more systematic
and malicious between August 1968 and his death in
April 1969. During this eight-month period David Oluwale
was relentlessly hounded by Sergeant Kitching and former
Inspector Ellerker. On 27 September, 1968, David was jailed
for six months for alleged assault on the police and Sergeant
Kitching told a colleague, Police Constable Yeager, that he
could not wait for Oluwale to come out because 'there
wasn't another one like him'. David was released from prison
on 10 April, 1969 and eight days later, on the morning of
18 April, he drowned in the River Aire. The court was told
that Sergeant Kitching and former Inspector Ellerker had
made it clear that they did not want David Oluwale within
the boundaries of the city of Leeds. Any sighting of David
Oluwale was to be reported directly to them, and an officer
was once reproved by them for dealing with Oluwale directly.

It became well known at Millgarth Station that if
ever Oluwale was sighted within the town a message
had to passed through for them [Kitching and
Ellerker] to go out and deal with him. They were off
in quick pursuit as soon as the message was received.

John Cobb, Crown Prosecutor

The prosecution called Police Constable Cyril Batty who
testified that in May 1968 he had witnessed Sergeant
Kitching urinating on David Oluwale in Lands Lane in
the centre of Leeds. Former Inspector Ellerker was holding
a torch, but at the time Police Constable Batty chose to
say nothing in order that he might protect his career.

Kitching and Ellerker were pushing Oluwale like a
plaything, backwards and forwards, with the flat of
their hands. Oluwale was clasping his duffel bag,
containing all his worldly possessions.

John Cobb, Crown Prosecutor

They told him [Oluwale] to get up. He was on his
hands and knees and the sergeant and the inspector
kicked them away, causing him to fall. The inspector
started to beat him about the head and shoulders
with his duffel bag.

PC Seager

On another occasion, on 7 August, 1968, the two defendants
radioed a call to Police Constable Keith Seager. Upon
arrival, Seager was instructed by Sergeant Kitching and
former Inspector Ellerker to drive them, plus David Oluwale,
to Bramhope village on the outskirts of Leeds. Once there
Police Constable Seager was instructed to stop outside of
the Fox and Hounds public house and David Oluwale was
ordered to get out and knock on the door of the pub and
ask for a cup of tea. It was four o'clock in the morning.
Police Constable Seager drove his fellow officers back to
Leeds city centre and left David Oluwale in Bramhope.

The entry [in my notebook] which Ellerker told me
to make was not true. I told him I did not like the
idea.

PC Seager

The prosecution asserted that on other occasions David
Oluwale had been driven by the defendants to Middleton
Woods in South Leeds and left there in the middle of the
night. Police Constable Phillip Ratcliffe and former Police
Constable Hazel Dalby both saw the defendants kick
Oluwale so hard in the groin that he was lifted off the
floor. They saw David Oluwale crying silent tears of pain
and emitting no noise.

I have never seen a man crying so much and never
utter a sound.

PC Phillip Ratcliffe

Police Constable Kenneth Higgins testified that the defendants
made David Oluwale bump his head hard against
the floor. He heard Sergeant Kitching claim that both he
and former Inspector Ellerker made David Oluwale bow
down before them, and he heard Sergeant Kitching say, on
reading the report of Oluwale's death, that 'it looks as
though we shall have to find a new playmate now'. When
Oluwale's body was found, PC Seager remembered Sergeant
Kitching reading a teleprinter message about the death.
'He looked at me and said: "I wonder how he got in there."
It was in a jovial sense; he was smiling.' Police Constable
Frank Atkinson fainted after giving evidence that he had
seen Oluwale beaten up at the police station.

I have made a search of prison records in respect of
a man named David Oluwale or Oluwole or Uluwale
or Oluwuala or Uluwle.

Marjorie Whitaker, Executive Officer in the Discipline
Office at HMP Leeds

1.
Admitted 2.9.49
Sentence Stowaway – 28 days
imprisonment.
Discharged 30.9.49

2.
Admitted 27.4.53
Sentence 1. Assault Police – 2
months imprisonment. Sentence 2. Wilful Damage
– 1 month imprisonment concurrent. Sentence 3.
Disorderly conduct – 28 days concurrent.
Discharged 6.6.53
to St James' Hospital.

3.
Admitted 22.9.62
as Oluwole. Malicious
Wounding – 6 months imprisonment. Transferred
to Hull 25.10.62.
Released 2.2.63

4.
Admitted 13.4.64
Disorderly Conduct – 28 days.
Discharged 6.5.64
(fine paid)

5.
Admitted 16.10.64
Drunk and Disorderly – 14
days. Plus 28 days on Lodged Warrant for D&D.
Discharged 16.11.64

6.
Admitted 13.10.65
Hospital Order, transferred to
Menston 11.11.65

7.
Admitted 29.8.67
as Olowuala. Wandering
Abroad.
Discharged 23.9.67

8.
Admitted 27.10.67
Wandering Abroad.
Discharged
1.12.67

9.
Admitted 26.12.67
1. Wandering Abroad. 2. Indecent
Exposure – 3 months imprisonment. Transferred to
Preston Prison 3.1.68.
Released 29.3.68

10.
Admitted 4.9.68
Assaulting a Police Officer.
Transferred to Preston Prison, 10.1.69

11.
Admitted 13.1.69
Disorderly Conduct.
Discharged
23.1.69

12.
Admitted 27.1.69
Disorderly Conduct.
Discharged
5.2.69

13.
Admitted 24.2.69
Disorderly Conduct.
Discharged
8.3.69

14.
Admitted 12.3.69
Trespass Railway. Disorderly
Conduct.
Discharged 10.4.69

On 10 April, 1969 I was on early reception duty. One
of my duties would have been to restore personal
clothing, property and money to prisoners being
discharged . . . One of the prisoners discharged on 10
April, 1969 was a coloured man named David Oluwale.
I can say that he was handed the following items of
property and clothing: one blue shirt, one plastic cup,
two reels of cotton, one hymn book, one form U/140,
one leather purse, one form EC4, one leather wallet,
one form P45, two photos, one out-of-date bank book,
one rosary and one ballpoint pen. All these items
were in a plastic bag. I can verify when released,
Oluwale was wearing the following clothing: one
brown check cap, a green check single-breasted overcoat,
a grey striped check waistcoat, a green fancy
necktie, pair of brown suede rubber-soled shoes, black
fancy socks, green check trousers, elastic braces and
a plastic belt . . . Most of his clothing was in poor
condition.

William Edward Swapp, Prison Officer, HMP Leeds
Records state that on 10 April, 1969 I interviewed
David Oluwale . . . and he was later paid £4 cash.

Phillip Davies, Executive Officer at DHSS

Date of discharge: 10.4.69.

Private cash: £1. 17. 1

Discharge grant: –

Offence: Trespassing, disorderly conduct, times two.

Sentence: 30 days.

Last discharge: Leeds 8.3.69

Address: Living rough.

Any relevant reports (Probation, Children's Officer);
any domestic problems: states nil.

Notes and comments of Prison Welfare Officer,
13.3.69

Several prison sentences. Released 8 March. Had
not worked for some time. No job on release.
Single, NSA. Nowhere to go on release. Will
probably go to a hostel or some furnished
accommodation. Rapidly becoming a social
problem (so reports).

Pre-release interview.

This man has been released after a sentence of 30
days. Latterly he had been coming to prison every
month or so. It is increasingly obvious that he is
completely unable to function on the outside.

Mr Hoyle was present during the interview and it was
quite impossible to get through to him. He seemed
schizoid to me, one wonders whether or not he was
capable of knowing what the discussion was all
about. It is certain, however, that he had nowhere
to live and no job to go to.

It is doubtful if he is capable of making a
sustained effort at any job. He was told that if he
reported to Mr Hoyle on discharge he would be
given every assistance possible.

Plan: Will go to Leeds to look for lodgings. Will
sign on at Ministry of Labour. May contact probation
and/see officer.

Clothes: –

(Signed) W. H. Halla, Prison Welfare Officer

The Leeds Probation Office.

The Leeds Probation Service, 10.4.69.

At the Office.

Discharged from Leeds Prison today.

He was not excitable, and it was almost impossible
to understand him. He said that he had £1. 19. which
was his own money and that he would have no difficulty
in finding an address if he gets some more.
Gave him a letter to the MOSS at St Paul Street and
told him to go straight there. Phoned the manager,
Mr Denison, and explained the situation, and he said
they would do what they could to help him so that
he will have some money to put down for lodgings.
Letter written by a senior probation officer to Mr
W. Hoyle at the Department of Health and Social
Security, 10 April, 1969.

Dear Sir,

Re David Oluwale. This man was discharged from
Leeds prison this morning. I understand that he has
£1. 19. He had lived in lodgings in Leeds previously
and said that he would have no difficulty in finding
lodgings again if he has the money.

He is a somewhat difficult man to place in lodgings
and I see no alternative but allowing him to find
his own.

I should be obliged, therefore, if you will take an
application from him for assistance so that he can
find lodgings.

As I said, I was a young police officer, but I remember.
He seemed to be very small. I saw him when he was sleeping
and I didn't wake him up. I saw him when he was walking
about, and I saw him when he was dealing with Ellerker
and Kitching. I did not see someone who was weak and
all sort of jellyish. I saw somebody who was doing his
business. He was going about his routine, despite the harassment,
and he would still choose to go into that same Bridal
House. He would still be there. And so, what I saw was
somebody with some sort of courage. But, I mean, weird.
I did sense that he'd got mental health problems. Because
the other dossers generally were drinkers, and you know,
they'd be drunk, very drunk sometimes, but not David. I
sensed that his issues were different from that. I guessed
that he'd been in some sort of psychiatric care. Yeah I
definitely guessed that, and that's one of the things that
makes it so poignant. It was the isolation, the fact that he
didn't seem to be a user of any sort, and that generally
speaking he was just a mild, quiet person. And I just
thought, why does this have to be happening to him? The
injustice, you know, that it had to be him. Somebody who
didn't have anybody to help him. But I saw that the man
had some dignity. I think he was really pissed off. That's
what I think. He was absolutely pissed off. That's what I
believe, but that's only a feeling. I think he was really, really
pissed off with what had gone on.