RMT court victory

T ODAY Sanjeev is back driving trains on the Central Line after he success- fully cleared his name with the help of RMT solicitors Kaim Todner. His calm demeanour hides the scars and trauma he and his family have suffered. His ordeal began when British Transport Police arrested him and searched his house. The only evidence offered was the word of a gang of children and allegations by their parents. At no time did the BTP attempt to verify stories or look for witnesses. Sanjeev was even prevented from looking for witnesses himself by London Underground. Roy Parfitt of Kaim Todner also warned that Sanjeev’s shocking treatment was not an isolated one. A victim of circumstance In May 2003 Sanjeev Verma was walking along the platform at Loughton station to 18 carry out his duties as a driver. His attention was drawn to a group of school children congregated around the door to the driver’s cabin. Sanjeev became concerned that the noisy group may have caused damage, as had happened in the past. He entered the train through the passenger compartment and approached the driver’s cabin and said ‘excuse me’ to the group. The children then congregated around asking how the various levers worked. Sanjeev attempted to answer the questions and then asked the children to move away before commencing his journey. The following day at the same time, Sanjeev noticed a girl on a bench who was shouting abusive language to a group of boys who were on the train. As he approached the driver’s cabin he noticed the same group of children gathering around the door to the drivers’ compartment again from within the passenger compartment. Silent witness During these events Sanjeev noticed a woman in the carriage reading a magazine. He told the children that there was a girl on the platform using “foul and abusive language” who should be reported to their parents or the school. Sanjeev thought nothing more of the incident until British Transport Police officers arrested him on suspicion of indecency with children and he suffered the ignominy of having his house searched in front of his wife and three young children. Sanjeev was interviewed, where he fully explained all the events. Despite his innocent explanation, he was charged with using threatening, abusive or insulting behaviour with intent to cause distress to the children. Witchhunt In scenes reminiscent of The Crucible, Arthur Miller’s harrowing play about witchhunts, allegations were made by the children that Sanjeev had used profanities. By September the Crown Prosecution Service had brought charges and Sanjeev was convicted of the offence, fined £400 costs and ordered to complete 60 hours community service. Unfortunately, RMT solicitors Kaim Todner were not instructed to represent Sanjeev until after his conviction. However, they advised him on his appeal. A noticeable aspect of the case was the statements of the four girls. Whilst there were differences between the statements, the words they alleged Sanjeev had used were identical in all the statements, suggesting collusion between the four girls and the families. A former Metropolitan Police officer, Sanjeev insisted that he was a professional family man that would not use profanities in front of children. He also made it clear to the police that there were independent witnesses who could verify his story. As a result it became a matter of paramount importance that any witnesses be traced. However, the BTP made no attempt to find them. Despite the need to find witnesses, LUL barred Sanjeev from attending Loughton underground station, making his search impossible. When Kaim Todner sought permission to attend at Loughton station with Sanjeev, they were again blocked by LUL. The company even refused to allow Sanjeev to try to identify witnesses on the CCTV system. In February 2004 Sanjeev was sacked. The effect of this dismissal on a family man with three children who had consistently stated his innocence can only be imagined. Many would have buckled under the Justice at last Sanjeev Verma’s life became a nightmare when he found himself wrongly convicted of indecency and was sacked by London Underground FLYER: Sanjeev with his leaflet he produced in order to find crucial witnesses 19 strain. But Sanjeev, known as “Tiger” by workmates who had signed a petition against his dismissal, set about to prove his innocence. He produced his own leaflet asking for witnesses and began leafleting the station. Vindication After nights of handing out flyers to no avail, a woman took a leaflet and walked on before she stopped and turned around and said: “I was there and I saw what happened”. She was the woman on the train reading the magazine. It was a moment Sanjeev will never forget. “The hairs on my arm stood up and they still do when I talk about it. “At last there was hope, a chance to clear my name,” he says. The woman remembered the day because her car was not working and therefore, unusually, she used the tube. By a happy coincidence the same thing had happened. By the end of the month two independent witnesses who remembered the incident had come forward. They said that the children were rude, noisy and badly behaved. They were adamant that Sanjeev had not used profanities and acted in a professional manner at all times. The second witness said that she would have reported Sanjeev herself had she heard any such language. Almost a year after the incident, Sanjeev’s appeal was heard at Southend Crown Court. The prosecution would not accept the version of events given by the two witnesses and sought to call two boys who were not present at the alleged offence, in order to cast doubt on Sanjeev’s credibility. However, having heard all the evidence, the judge and two magistrates returned within minutes to find Sanjeev not guilty. Contact your solicitor Roy Parfitt points out that Sanjeev’s treatment is all too common. “It is absolutely imperative that all efforts are made to explore every avenue open to the defence at a very early stage. “In this case it was fortunate that the two traced witnesses had a good memory and were willing to attend court and assist Sanjeev,” he said. It is essential that RMT members who find themselves in similar situations contact the union and solicitors at the earliest opportunity, prior to answering police questions, in order to get the best quality advice and assistance. Today Sanjeev Verma is relieved that he can return to work in the knowledge that justice has been done with the help of his union. “I have had great support from my workmates and my family, and I could not have achieved this victory without RMT,” he says. VINDICATED: Sanjeev Verma back at work after the courts cleared him of all charges