Ref: A00-300995 Case No. 871626 Macpherson II
Volume II, Pages 38-47, Friday 9th June, 1989
(In the presence of the jury)
Detective Constable GARY MADDEN: Sworn
Examined by Mr. Temple
THE WITNESS: Detective Constable Gary Madden, Anti Terrorist
Branch, New Scotland Yard, my Lord.
MR. TEMPLE: Would you confirm that if asked you can give details
of part of a surveillance operation on which you were
personally engaged, taking place during the course of Monday,
11th May 1987? A. Yes, I can.
Q. I am not going to ask you any questions about it, but you can
deal with it if necessary? A. Correct.
Q. Would you also confirm that you were on duty during the
course of 14th May 1987, and had direct dealings with this
defendant? A. Yes, I did.
Q. So far as your records are concerned, did you keep a note of
these events on 14th May? A. I did.
Q. What was the time gap between the events about which you can
tell us and the compilation of your notebook? A. About an
hour.
Q. When you came to compile your notebook, were the matters
touching upon the events you dealt with fresh in your memory?
A. Yes.
MR. JUSTICE MACPHERSON: Make use of your note to refresh your
memory. A. Thank you, my Lord.
MR. TEMPLE: Can I ask you one final question with regard to the
general policy which you personally adopt so far as recording
of notes is concerned. If, for instance, you and other
officers are engaged in the same operation and if you and
the other officers happen to observe the same incident, would
you keep your notebook as an entirely separate and personal
note or would you and the other officers, as it were,
co-operate on the making of the note where you had both seen
and heard the same incident? A. We would co-operate.
Q. With this particular occasion about which I am asking you,
were other officers engaged? A. Yes.
Q. When you and the other officers covered the same ground did
that lead, as it were, to a joint recollection? A. Yes, it
would.
MR. JUSTICE MACPHERSON: One note or each making the same?
A. Each making separate notes, my Lord.
Q. But the same contents? A. Yes.
MR. JUSTICE MACPHERSON: Ladies and gentlemen, there is nothing
unusual in that and any witness, quite apart from policemen,
if they make a note at the time, would sensibly be allowed to
use it to refresh their memory. That is what is happening
now.
MR. TEMPLE: Just set the scene for us, please. On Thursday,
14th May 1987, you are on duty in plain clothes? A. Yes.
Q. With other officers? A. Yes, Detective Sergeant Ayres,
Detective Sergeant Knox and other officers.
Q. Where did you go? A. I went to Lees Place, W1, the
junction with Park Street, W1.
Q. Did you want to position yourselves so that you had a view of
any particular premises? A. Yes, the position I was in
gave an unobstructed view of 73 Park Street, W1. This was
the Cypriot Embassy.
Q. At half past eleven that morning what did you see? A. I
saw a blue Mercedes motor vehicle, index MLW 160V, draw up
outside the Embassy building.
Q. And then? A. I then saw a man who I now know to be
Koupparis getting out of the front nearside passenger side.
Q. Were you in a position to make a note of his dress?
A. Yes, I saw he was wearing a black trilby hat, dark
glasses, grey raincoat and was wearing a black glove on his
left hand.
Q. In that same left hand was there anything else? A. Yes, he
was holding several magazines.
Q. Where did he go? A. He then walked into the Embassy
building.
Q. And the car? A. Remained outside.
Q. For your part did you maintain your particular position?
A. Yes, I did.
Q. When did you next see Koupparis? A. At 11.40.
Q. Ten minutes later? A. Yes. Koupparis came out of the
building and turned towards the vehicle.
Q. As he executed that movement what did you do? A. I
approached him, together with Detective Sergeant Ayres. We
introduced ourselves and I said, "I am arresting you for
demanding money with menaces". I then cautioned Koupparis.
Q. What were the words of the caution? A. "You do not have to
say anything unless you wish to do so but what you say may be
given in evidence."
Q. Did he choose to reply? A. He said, "All right, all right.
What's this all about?" I said, "You will be taken to
Paddington Green Police Station where the full facts will be
explained". He was then handcuffed and placed into a police
vehicle.
Q. Did you accompany him and other officers back to Paddington
Green Police Station? A. Yes, I did.
Q. I now want to ask you about various exhibits. Can I
introduce it in this way: at the time that he was arrested
was he carrying anything? A. Yes, he was. In his left
hand he had a large brown envelope containing packets of
money.
Q. In a moment I am going to ask that you identify it and the
jury can have sight of that particular envelope. Before I do
so, I want you to cover other matters so that we can get a
picture of what he had with him. As a matter of detail, was
the envelope open or closed? A. The envelope was open.
Q. In addition to carrying an envelope, was there anything else?
A. He was carrying a Filofax book and the magazines.
Q. That deals with what he was carrying. So far as you were
concerned, were you also handed another item at the scene?
A. Yes, I was handed a brown briefcase by Detective Sergeant
Knox.
Q. I want you to deal with these as we go through them. First
of all, the brown envelope becomes our Exhibit 119. (Handed
to the witness) When you saw that exhibit obviously it did
not have the outer court plastic bag? A. No.
Q. Hold it up to the jury and tell them exactly how it was when
the exhibit was found. A. The bundles were actually down
inside the brown envelope that was torn open.
MR. TEMPLE: Would your Lordship like to see that shortly?
MR. JUSTICE MACPHERSON: No, I can see it from here. Perhaps
the usher could hold it up so that the jury can see it. You
will be able to look at it closely later if you wish. I am
not sure how many bundles there are.
THE WITNESS: Eight bundles.
MR. TEMPLE: You told us he was carrying a Filofax. A. Yes, he
was.
Q. Look at Exhibit 8. (Handed to the witness) Members of the
jury, you might like to look at your document bundle, pages
63 to 95; you need not look at the detail. These pages 63
to 95 are photostats of the pages of the Filofax which the
usher is showing to you. (To the witness): If asked you
can deal with the magazines? A. Yes.
Q. I would like you to formally identify the briefcase, which
becomes our Exhibit 60. (Handed to the witness) Do you
recognise it? A. Yes.
Q. In a moment I will come back to the briefcase but before I
do so just go back to the sequence. He has been arrested and
he has been taken back to Paddington Green Police Station?
A. Yes.
Q. Whilst he was at the station did you have a further
conversation with the defendant? A. Yes, I did.
Q. What was the effect of it? A. I asked the defendant to
remove his raincoat and to empty his pockets on to the
station table. I then searched the overcoat that he was
wearing and in the outside right pocket I found a bag of
money containing a Bank of England ten pound note.
Q. Look at what becomes our Exhibit 117. (Handed to the
witness) A. Yes, the serial number is the same.
MR. JUSTICE MACPHERSON: I suppose you are going to ask more
about that later, are you?
MR. TEMPLE: Yes, I am, my Lord. (To the witness): That was
the outside right pocket. Was there anything in any other
pocket? A. Yes, on the left inside wallet pocket of the
coat I found another bag of money containing a Bank of
England ten pound note.
Q. Does that become our Exhibit 118? (Handed to the witness)
A. Yes, that is the bag.
Q. Again the same exercise, if you would perhaps hold it up for
the jury. (To the witness): When you took these obviously
they would not have the court wrapping around, but apart from
the court wrapping, were they found as we see them there?
A. Yes, they were sealed.
MR. JUSTICE MACPHERSON: You mean the bundles were sealed?
A. Yes, they are wrapped in cellophane which was sealed.
Q. You can see what appears to be a ten pound note on the top.
A. Yes, and the bottom in fact.
MR. TEMPLE: Giving the illusion of a batch of ten pound notes?
A. Yes, exactly.
MR. TEMPLE: My Lord, unless Mr. Beckman indicates to me that
there is any dispute about the continuity of this document, I
do not propose to ask the officer the detail of any serial
numbers.
MR. JUSTICE MACPHERSON: No, certainly not. He can ask those if
he wishes.
MR. TEMPLE: Finally, Mr. Madden, you remember I had indicated I
was going to come back to the brown briefcase. A. Yes.
Q. Was the briefcase put on top of the table in front of the
defendant? A. Yes, it was.
Q. Tell us what occurred. A. I then tried to open the right
hand lock of the case and it opened and I saw the combination
was set at 666. The defendant then turned the case towards
himself and after setting the combination, he opened the
left hand lock and the lock was set at 999.
Q. Just dealing with the continuity of the exhibits, later on
did you hand that particular one to Detective Constable
Pratt? A. Yes, I did.
Q. At that time he was the exhibits officer in charge of the
case? A. Yes.
Q. That brought to a conclusion your direct involvement in this
case? A. Yes.
CROSS-EXAMINED BY MR. BECKMAN
Q. Mr. Madden, who did you get your instructions from? A. In
relation to what?
Q. In relation to this exercise. A. From the senior
investigating officer in the case.
Q Who was ---? A. Detective Superintendent - his name
escapes me but he was here on the last occasion.
Q. Whoever it is, did you have any contact with him whatsoever
(inaudible) who he was working with? A. No.
Q. Do you know who he was working with? A. No, I do not.
Q. Do you know or from your own knowledge have any information
of the extent to which the matter was being done to assist
the Cypriot authorities? A. None at all.
Q. None whatsoever? A. No.
Q. What was the nature of your instructions? A. Initially I
was engaged in a surveillance operation
Q. Was that under Mr. MacRae? A. No, it was not.
Q. Under whom? A. Detective Sergeant Ayres.
Q. Initially part of the surveillance, then you are involved
later, I think. One act of surveillance then the day of the
arrest, which was part surveillance and part arrest?
A. Yes.
Q. What were your instructions in relation to the surveillance?
A. The day the surveillance began or the day that we
understood Mr. Koupparis would have been attending the
Embassy?
Q. That was the day of the surveillance. A. Yes.
MR. JUSTICE MACPHERSON: Was it actually the same day?
A. Yes, my Lord.
Q. It was the 14th? A. Yes, that is correct, my Lord.
MR. BECKMAN: You knew he was going to attend at the Embassy?
A. Yes, that was that day.
Q. What else did you learn? What else were you told?
A. I was instructed I would be the arresting officer and
would arrest Mr. Koupparis if he came out of the building.
Q. Were you aware of that in fact when you were doing the
surveillance as well? A. Yes, I don't know what stage that
was, but certainly we were aware of that.
Q. Did you take with you guns for anything like that? A. No,
we wouldn't.
Q. So it was to be an ordinary arrest, no more than any arrest
is? A. Well, we didn't carry guns, no.
Q. It was not one of those cases where it was necessary to carry
guns? A. No.
Q. You were not advised that you were dealing with an armed
terrorist or something of that sort? A. We didn't know at
that stage what it was we were actually dealing with.
Q. You did not, but you have no idea what instructions came from
whom and to what effect; that you do not know? A. That is
correct.
Q. I think there are only two other matters I want to ask about.
One is this: you say that he quite often wore a fairly
distinctive hat? A. Yes.
Q. You also noticed, quite distinctively, he wore one glove
on his left hand and none on his right? A. Yes, he did.
Q. After you personally arrested him, so far as you were
concerned he was quiet and co-operative? A. Yes, he was.
MR. JUSTICE MACPHERSON: Al [sic] these bundles, both the individual
ones found in his pockets and the others, have proper notes
at the beginning and end and paper in between; is that right?
A. That is correct, my Lord.
MR. JUSTICE MACPHERSON: I do not think there is any need for you
look at them more closely, members of the jury. You may like
to look at them later, as a matter of interest rather than
anything else.
(The witness withdrew)
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