Man convicted of murder despite witness claiming responsibility for death | 60 Minutes Australia

as tragedies often do this one started with fun a late night party but it descended into chaos a violent all embroiled at its end a 22 year old man was dead and an 18 year old up-and-coming Australian boxer accused of murder Collette Baker protested his innocence nothing unusual there but there is something very strange about this case one piece of crucial evidence that can't be overlooked someone else admitted to the crime at court though the teenager who says he did it was acquitted while khaled was found guilty and jailed 13 years later he served his sentence but this boxers fight for the truth continues I'm a boxer you might get here we're gonna stay down Khalid Baker a champion in the ring this is what I was born to do and a convicted murderer Khalid bacon 185 139 you know that was that was me you know you live with that number for the rest of your life but did he spend 13 years in jail for a crime he did not commit when you know you're innocent you will fight to the day you die tonight the campaign to clear Khalid's name there's absolutely no doubt Khalid Baker is innocent this is a case of black versus white and the extraordinary confession that could prove Khalid was wrongly convicted who was responsible for Albert's no cause death yeah I feel responsible for it I was the last person that was fighting with him [Music] a solitary early morning run along the shoreline on a brisk melbourne morning attached to his ankle a constant reminder to 32 year old khalid baker the while he's no longer locked up he's not a free man so 13 years for something I didn't do yes I'm out here but I want to clear my name in 2005 then 18 year old Khalid Baker was one of Australia's great boxing hopes he'd just been selected for the Commonwealth Games when he was accused of murder and sent to prison even from his cell he refused to give up on his dream of becoming a world champion I remember cause one of octane years ago Khalid would he training for said I'm trying to to win that wall total the guy what world title to get imprisoned doing 13 years don't worry about it how did you keep up your training in prison for pads we used to have toilet rolls make it flat put socks between her and you trained with Danny roll Danny roll Danny roll bike on [Music] the story starts here in November 2005 a Brunswick warehouse party in Melbourne inner city this police video was taken the morning after on the night Khalid was the designated driver accompanying his childhood friend LM who'd been invited to perform at the event what was the atmosphere like when you arrived at the party it was happening I was a good vibe and I like I never seen people like that are very out-there people rollerblades and different kind of clothes [Music] it was 3 a.m. dark loud and crowded Khaled and LM were dancing and having a good time when another one of their friends Ali Faulkner who was drunk and aggressive started a fight they raced over to drag him out door turned against us all three of us and also that maybe a hundred of them [Music] our intention was to break it up you know but then when people started throwing punches and attacking or throwing kicks and stuff something like okay we have to fight back just to get out of the situation I was front punches and kicks and I remember someone smashing a VB but I lost the back of my head and you talk about doing like a fly kick and throwing a wine bottle to clear a path yes can you see how that would be viewed as aggressive Amar's I was getting attacked by full grime in I was 18 years old 64 kilos you probably the only one there he was a champion boxer yes but van der die I was also a kid I was scared I came out here it looks still looks the same today back at the scene today little has changed although a metal grace now covers the first story window that the victim 22 year old Albert snowball fell through elbow snowball came to where these raylene is and he came out he said you black something to us and Ali ran back upstairs I followed you according to Khalid he never made it back upstairs he was restrained before the top step I was coming back upstairs yeah like I was I picked up the chair listed it over my head three witnesses said that happened yeah the chair was grabbed off me I was pushed down the stairs LM at this point was fighting with the victim on the landing so we got into a scuffle we threw a punch I threw a punch not even connected so I doct he not grabbed him and I just pushed him away turned around and I just went downstairs by the time I hit the bottom of the stairs I could see someone laying on the pavement here and light on I realize it was Albert's novel [Music] coming up basically this entire wall and this wall is all fluids cake the evidence that proves Khalid Baker isn't the killer into it wasn't there so why was he locked away why do you think the witnesses all pointed the finger of blame at you the Queen tell who's who blackguards all to say this is a case of black versus white that's next on 60 minutes [Music] Khalid Baker was just 18 when he first saw the inside walls of Bao and maximum security prison sentenced to 17 years for murder 12 non-parole lot of causes saith I have hope Khalid my pipes the most dangerous weapon you can have in prison Ossabaw per second crusher it could eat you alive he was sure he'd soon be free because from day one his close friend LM had confessed to the fight but sorry young man fought through the window and died we can't identify a limb because he was just 17 at the time but he made the admission in his very first police interview and to this day his story has not changed I think Ella made it clear to police that Khalid was not even on the landing where the fight took place that was backed up by two further witnesses others however believed he was so detectives charged them both with murder Here I am saying Khalid was wasn't there when you know it means no war or fighting but yet they won't believe that understand hmm it was not fair at all whose actions caused the death of Albert snowball I was the last person that was fighting with him but how he went out the window if it was my push stop causing for the window Marshall I don't know how he fell out the window I don't think it was fair that were tried you know under the Tenaya made on mm-hmm how do you see what happened as it was just an a was an accident news no what was just kids myth like it was Nate was no mater my hunch is that this really was a tragic accident hey guys you're out Michelle Reuters runs the innocence initiative at RMIT University in Melbourne the other evidence that we have makes it blindingly obvious that Khalid never set foot on the top part of this landing she's taken on Collette's case and is his last chance at clearing his name submitting a petition for mercy to Victoria's attorney general because for her this is a clear-cut injustice what am I missing how did a jury find Khalid Baker guilty of murder I have no other option but to say I think they chose to believe the white witness's [Music] basically this entire wall and this wall is all Khalid's case yes Michele and her team who spent thousands of hours mapping out all of the evidence there are whole lot of inconsistencies between what they say and that's understandable because it was an intense moment in a really short period of time it was three o'clock in the morning it's a tiny space it was dark yeah everyone was drunk and there was a big brawl taking place yeah with no forensic evidence the jury relied solely on witness accounts but no two were the same and no one actually saw the victim pushed through the window as uncomfortable as it is to hear Michele believes race played a key role in determining guilt the prosecution fairly much said this themselves I said this is a case of black versus white so the white witnesses who were on the landing largely identified khalid as the person who pushed albert snowball the black witnesses said that khalid did not get onto the landing and they supported a case where LEM was the person responsible for pushing albert snowball you also have LM saying i pushed up it's not absolutely yes yeah so what we're saying is he white witnesses were seen to be more believable in the eyes of the jury than the black witnesses you'd have to think so witness misidentification based on race is a critical factor in a lot of wrongful conviction cases that that's well documented what we know is that we're more likely to accurately identify people of our own race and we're more likely to make mistakes in identifying people of a different nose why do you think the witnesses who the jury believed or pointed the finger of blame at you dick winter who's who it was this black guys who all looked us up who all look the same and that's what I believe even though the friends were tried together for murder the law in Victoria at the time meant Khalid could not use a lamb's confession to prove his innocence because it was made outside of a courtroom it's an absurd and our cake rule that was changed soon after the trial but it was too late for Collette at one point during the trial LM asked if he could plead guilty to manslaughter but the prosecution would only agree if Khalid did - and Khalid wouldn't agree because he didn't do it I'll never play guilty I haven't done nothing wrong I'm not gonna plead guilty for something I didn't do after a two-month trial the jury returned a unanimous verdict for ilium despite his confession he was the last person to touch the victim they found him not guilty the decision gave Khalid great hope did you expect to be walking out of there I did honestly I did I thought this is a guy who admitted to and everything like that said oh yeah I'm gonna go home then three days later came back with a guilty verdict and I remember sitting down again I just been found guilty guilty for murder I was just cuz it was guilty I had him removed from the courtroom and he tried to get up and say I'm not guilty and the judge was like remove the prisoner removed Khalid's sister Mona was 16 when he was sent away an orgy just eight the verdict crushed his family especially his mother Asia but she was never going to give up on her son my mom will never miss a visit never miss a visit did you worry about him in there Asia Oh too much he thought something bad would happen to him inside and something bad did happen show me that scar he was stabbed and nearly died what's the scar yeah but his toughest time in jail was learning his mother had breast cancer and might die I don't know what it's Morpho it's my fault that she got it you know I went down why your fault I felt like I put it forward this pain been in prison along and Dom you know when you're you got stressed out I think you you make yourself sick and die yeah I think that was the hardest time she's the more rock now I believe in God and after God it's my mother Asia is the reason Khalid is so strong today the irony is that while his freedom was taken from him mentally he's faring better than LM who has spent the years since that night wracked with guilt guilt that a young man lost his life and guilt that his friend not him paid the price for it do you ever wish it was you who went to prison instead of Khalid yeah I've heard if there was anybody had gone to jail for this they should have been me but no it's not have you been able to let that go no I can't I want to but this has been really tough here hasn't it mmm I can't keep myself together I wish nothing but the best even after all the years after the Vox 18 he's an Aussie knee I said I forgive you mine and you know he had me guys thank you yeah you got I'm sorry sorry I didn't do more coming up is on the outside but he still has the title of a convicted murderer resurrecting work ambition I know what was taken away from me now that opportunity to get it back victories in the boxing ring and in life I just want the truth that's it I just want everyone to know the truth what really happens that's next on 60 minutes [Music] Khalid Baker is making up for lost time at home in hoppers crossing in Melbourne southwest he's getting to know his nieces and nephews who were all born while he was on the inside for 13 years he dreamt of his mother's home cooking and as relieved as they are to have Khalid home his sister's muna and og fear he'll never truly be free until his name is cleared he's on the outside but he still has the title of a convicted murderer so he's not free he's on parole and you feel he's tainted by that he's tainted 100% is tainted by a trick is it's on his record you know it affects everything it affects every aspect of his life not just his life all of our lives you know what whatever you go through in life does not matter you can be the best of what you want to be you know Khalid now shares he's battle for justice with school and university students even the Collingwood Football Club as he waits to hear whether the Attorney General will grant his petition for mercy and refer his case to the Court of Appeal and what a people's response to your story people are amazed people are more amazed I'm not bitter angry I know what was taken away from me and now I got the opportunity to get it back and I won't let no man stand infront of me [Music] Redemption is more than just clearing his name Khalid has unfinished business in the ring he went into jail one of our country's most promising boxes and tonight that dream is once again within his reach fighting for the Victorian title [Music] all them times in the cell that I used to sit in and just imagine that these time was gonna come more than just wanting this it's almost like he needs it this is your moment enjoy it NARAS thank you very much [Music] - smart shoe shop can't catch can't see everyone in this room knows Khalid story [Music] [Applause] he's waited long enough for this moment and he's giving the crowd what they want [Music] what's with the dancing that's just my way of relaxing he brings something out of me what do you think that is that Larry kid colored Baker but once the bell rings it's a different Khalid it's like his boxing represents his legal fight losing isn't an option [Applause] his sisters Mona and og know the stakes [Applause] so too does Michele Reuters since the innocence initiative took on his case she hasn't missed a fight every day behind bars he trained for this very moment [Music] [Applause] tonight Kelly Baker is the new Victorian cruiserweight boxing champion [Applause] [Music] but he's fight is far from over because in the eyes of the law he remains a convicted murderer and he won't be free until that's overturned it will be his true and greatest victory I'm just Khaled Baker innocent for the crime that was found guilty for and in time everyone will learn more story and know the truth I'm not looking for anyone to feel sorry or PD or nothing like that I'm that kind of person I just want the truth that's it I just want everyone to know the truth what really happened hello I'm Allison Langdon thanks for watching to keep up with the latest from 60 minutes Australia make sure you subscribe to our Channel you can also download the 9 now app for full episodes and other exclusive 60 minutes content

Channel: 60 Minutes Australia

Views: 138,168

Keywords: 60 Minutes, 60 Minutes Australia, Liz Hayes, Charles Wooley, Tara Brown, Liam Bartlett, Allison Langdon, Ellen Fanning, Karl Stefanovic, Ray Martin, Jana Wendt, Jeff McMullen, Jennifer Byrne, Mike Munro, Richard Carleton, Tracey Curro, Peter Harvey, George Negus, Ian Leslie, Gerald Stone, Sarah Abo, Khalid Baker, melbourne, crime, australian crime, true crime, boxer, boxing, athlete, Albert Snowball, innocent

Id: d5WYYXrYMcg

Length: 24min 17sec (1457 seconds)

Published: Mon Oct 21 2019