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.