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Every mum wants their child to be normal.
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You wish the best for them, you hope
that, from that tiny little bundle,
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they're going to go out and
conquer the world.
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There should be nothing that, at
that tiny age, that you should say,
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"Oh, you're not going to be able
to do that."
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Something so bad...
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..had changed my child
so significantly
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that it was going to affect her
for the rest of her life.
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And she wasn't the only child.
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In the 1990s,
strange things began to happen
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in the small town of Corby.
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As a mother, when anything's wrong
with your child, you always think,
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"Is it me?
Is it part of my family line?"
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And, then, to think,
"Well, we don't know what is."
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Mothers began to give birth
to children with severe deformities.
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We didn't actually realise
how big this was.
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Because, obviously, around here,
things like this don't happen.
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As the number of cases grew,
the mothers demanded to know why
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this had happened to their children.
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I wasn't to blame.
You were to blame
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for the way my daughter was born.
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It made me so angry to realise
how badly this situation
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had been handled.
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A toxic soup of dust
hanging over a town.
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This is the unknown story
of the worst child poisoning
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case since thalidomide.
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This was always going to be
an uphill battle.
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It was almost like
David and Goliath.
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A case that changed our
understanding
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of the dangers of air pollution.
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I lived in Corby.
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I'd taken a job in RS Components.
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We had to be up and on the work bus
for, like, 5:30.
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And I remember feeling
a little bit ropey a few times.
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I saw a little line on my tummy.
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And I was at the doctor, saying,
"What's this line?"
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And he looks at me as if to say,
"You don't know why you're here?"
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And I was like, "No, I really don't!
What's going on?"
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And that's when he said
I was pregnant.
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And I was six months pregnant.
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So, it left me very little time
to prepare for the arrival
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of my little bundle of joy.
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I always wanted twins, or at least
two very close together.
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Leo was two-and-a-half.
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Which I thought the perfect age gap
- wouldn't go into preschool.
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And, then, I just went back to work.
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And the same day I went back to
work, I found out I was pregnant.
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It was slightly different,
but I wasn't sure
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if that was from a girl to a boy.
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But suffering from migraines,
just feeling more tired.
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I thought,
"Maybe that's how you carry a boy."
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I had Daniel when I was 26.
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It was great, you know,
and I'd just been a first-time mum,
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and having a baby just there,
and it was real.
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And, two years later,
we decided to have another one.
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And, erm, Connor came along and...
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..just turned our world upside down.
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All three mums lived
within a few miles of each other,
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and all had normal pregnancies,
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with nothing in their scans
to suggest anything was wrong.
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Went into labour early hours.
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And, then, I remember my husband
noticed something wrong
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with the hands.
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His thumbs seemed to struggle.
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Putting your finger in,
then noticing that one stuck.
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And one was very, very tiny,
like it wasn't attached to him.
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00:04:02,880 --> 00:04:05,840
And I remember saying to the doctor
when they come around,
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"What's this? What's happened?"
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"Oh, no, that's fine. It's just how
they are formed in the womb."
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And I thought, "Oh..."
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Well, my daughter
didn't have hands like that.
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It wasn't till a few hours
afterwards that I got to see her.
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And they said, "She's fine,
she's perfect, everything -
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"but she's only got three
fingers on each hand."
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I remember thinking,
"OK, that's quite important."
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There was at least something
that she was not ever
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going to be able to do.
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It became quite apparent
really quickly that they were never
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going to give her another finger.
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They were never going to
make it all right.
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And she was always going
to have what she's got.
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When Connor was born, they gave
me him wrapped in a blanket.
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Let me hold him, and that.
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And I remember them saying
something, and Connor's dad was,
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00:05:01,160 --> 00:05:04,800
like, very upset, but no-one
was telling me nothing.
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It's as if they were
hiding something all the time.
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And the doctor came
into the room and he said,
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"You know, your baby's been
born without any fingers
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"on his left hand."
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I was like, "What do you mean?
No fingers on his left hand?"
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And he showed me,
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and it was really hard to deal with.
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I cried and I kept looking at it.
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Just had to deal with it, basically.
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When anything's wrong with
your child, you always think,
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"Was it me?
Is it part of my family line?"
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We don't know what is.
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Was there something I could have
done differently?
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Was there something in my
pregnancy in the early stages
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that I'd done wrong?
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I knew I hadn't done
anything wrong in pregnancy.
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I just wondered how.
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00:06:01,280 --> 00:06:03,760
They never gave you any answers.
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00:06:03,760 --> 00:06:06,800
It's just sometimes Mother Nature
doesn't get it quite right.
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And that was their explanation.
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In 1998, a journalist unexpectedly
turned up on the mothers' doorsteps.
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Graham Hind from the Sunday Times.
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And he come to the door,
and he says,
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"Are you Susan McIntyre?"
I says, "Yes."
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He says, "Well, we... You've got
a son born with a hand defect.
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"We think it's caused
by toxic waste."
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I was thinking,
"What's toxic waste?"
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Graham Hind was working with
fellow journalist Stephen Bevan
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on a mysterious story.
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Graham Hind, he had this story
about a group of mothers -
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all from the same quite small area,
all of whom had given birth
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to children with very similar
deformities.
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As Stephen and Graham investigated,
they uncovered even more children
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born with limb deformities.
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The more Graham told me about it,
the more I thought
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this was more than coincidence.
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There was a suspicion that there
might be some links
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to toxic waste sites in the town.
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What was going on with these sites?
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What was in these sites?
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The waste sites were located
on land where the town's
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steelworks once stood.
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Corby started life as a village.
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But, in the 1930s, one of the
largest steel plants
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in Europe was built.
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NEWSREEL: The place is Corby -
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a steel town set in a sea of
agriculture.
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Most of the men came
from Scotland to work here.
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The giant British Steel Corporation
plant dominates the skyline.
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00:08:13,240 --> 00:08:17,200
Half the town's working population
passes through its gates every day.
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The Corby community was generated
because of the steelworks,
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cos it brought a lot of work in.
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So, it was the hub of the town,
really.
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But, in 1980,
faced with huge government cuts...
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PROTESTORS CHANT
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..the steelworks shut down...
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CHANTS CONTINUE
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..leaving 11,000 people unemployed.
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When the steelworks shut down,
Corby came to an end, really.
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They said it was a ghost town.
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Corby Council devised a plan
to regenerate the town.
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It's not just about closing
these works.
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The solution is about
creating a new Corby.
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This tiny council took on
the biggest land reclamation project
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00:09:05,960 --> 00:09:09,400
in Europe with a ten-year
regeneration programme
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to help bring Corby back to life.
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But demolishing a steelworks
is a complex process.
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Steel-making generates toxic waste
that must be carefully disposed of.
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There was a lot of activity
going on to clear these sites,
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and dumping it in these former
steelwork dumps -
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particularly this large quarry site.
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Two of the mothers had been
working near the same site
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when they fell pregnant.
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What was in this quarry
and these other dumps?
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Could it be linked
to these birth defects?
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It was just a powerful
human story with a real element
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of mystery to it.
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Despite repeated requests,
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the council refused to make
any comment.
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But Stephen and Graham
were undeterred.
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You've got to remember, this is
the paper that did thalidomide.
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20 years earlier, it was a massive,
ground-breaking story
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exposing the link between a sedative
that had been prescribed
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to pregnant women and birth defects.
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One of the things about this story
was its similarity
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to the thalidomide story.
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After a year working on the case,
Stephen and Graham were ready to go
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to press with a story suggesting
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the birth defects and the toxic
waste sites were linked.
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The photographer came round and took
photos of Connor and photos of me.
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And it was just unbelievable,
the amount of press.
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It was like a roller-coaster.
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NEWSCASTER: When Connor Ford was
born two years ago, the initial joy
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quickly turned to despair.
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He was born with a deformed hand.
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All I want is answers.
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And if it is through toxic waste,
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it's got a lot of people
to answer to this.
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As this story spread, more and more
mothers started coming forward.
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00:11:14,800 --> 00:11:17,800
The phone started ringing,
and, very quickly, all these mums
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were starting to reveal that
there's far more of these children
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around than we thought.
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NEWSCASTER: Earlier this week, we
reported on a startling coincidence.
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Three young children born
in the same area
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with similar hand defects.
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Since then, more cases have emerged.
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With a swell of publicity,
the number of cases was growing.
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Six children with limb deformities
had now been identified,
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and the mothers wanted answers.
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Under mounting pressure,
Corby Council commissioned the local
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health authority to investigate
this cluster of birth defects.
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00:11:58,320 --> 00:12:02,120
But the results of that
investigation weren't what
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the families were expecting.
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00:12:08,640 --> 00:12:11,200
MAN: There is no evidence of
a cluster in Corby.
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00:12:13,640 --> 00:12:16,800
I would like to reassure them
that living in Corby
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00:12:16,800 --> 00:12:21,280
and having children in Corby,
from the evidence that we have,
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00:12:21,280 --> 00:12:24,680
is just as safe as having children
in any other part of the county.
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Threw the report straight across
the room at them, and just stormed
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00:12:31,080 --> 00:12:33,720
out of the meeting, because
I couldn't handle it any more.
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Just couldn't listen to them.
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There were cover-ups,
it was such a cover-up.
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00:12:40,120 --> 00:12:41,960
This is a very small town.
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And you're now sitting there,
telling me it's not a cluster.
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00:12:45,560 --> 00:12:48,960
It was like someone was sitting you
down in school and telling you,
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00:12:48,960 --> 00:12:52,440
"This is what's happened,
so you will accept that."
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00:12:52,440 --> 00:12:56,320
With the council claiming
there was no evidence of a cluster,
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00:12:56,320 --> 00:12:58,720
the mothers' fight for answers
seemed to be over.
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00:13:01,560 --> 00:13:03,400
They took us to a meeting,
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00:13:03,400 --> 00:13:05,840
and I remember saying
in the meeting,
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00:13:05,840 --> 00:13:07,440
"This is just a whitewash."
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00:13:11,320 --> 00:13:14,560
They treated us like we were
mums from Corby.
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00:13:19,440 --> 00:13:22,080
My first reading the article
in the Sunday Times
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00:13:22,080 --> 00:13:24,720
was complete happenstance.
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00:13:24,720 --> 00:13:27,640
I was lighting a fire at home.
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00:13:27,640 --> 00:13:30,400
I started tearing up bits of
the Sunday Times to put in the fire.
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00:13:30,400 --> 00:13:32,840
And, then, I see the word "Corby."
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00:13:34,440 --> 00:13:36,280
And I think,
"Oh, that's interesting."
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I knew Corby and had, back in
the day, worked in the steelworks.
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So, I thought, "I'll look at that."
So, I opened it up.
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If it hadn't been for my reading
that article, I would never
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00:13:49,480 --> 00:13:50,720
have been involved in it.
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00:13:52,160 --> 00:13:53,560
Intrigued by the story,
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00:13:53,560 --> 00:13:56,760
Des Collins travelled to Corby
to meet the mothers.
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00:13:58,440 --> 00:14:01,040
The mothers - whose names were
in the Sunday Times -
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00:14:01,040 --> 00:14:04,400
had been looking
for some legal advice,
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00:14:04,400 --> 00:14:07,600
but they were not sure what to do.
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00:14:10,240 --> 00:14:13,080
They weren't thinking of suing
at the time. They just wanted
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00:14:13,080 --> 00:14:15,680
someone to look at it, to see
if anything had gone wrong.
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00:14:15,680 --> 00:14:17,680
And that's why I became involved.
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Des found us.
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He was like our captain.
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00:14:22,560 --> 00:14:25,520
He kind of grouped us together
and focused us.
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00:14:25,520 --> 00:14:28,320
Cos that was what it was -
we needed some focus.
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00:14:28,320 --> 00:14:31,960
The mothers were quite incensed -
they thought they were being talked
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00:14:31,960 --> 00:14:35,200
down to by the council, and that
the report had been produced
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00:14:35,200 --> 00:14:37,840
to make sure that the mothers
gave up and went home.
242
00:14:46,680 --> 00:14:49,440
14 mothers had now come forward.
243
00:14:49,440 --> 00:14:52,080
Convinced they were being
stonewalled,
244
00:14:52,080 --> 00:14:55,920
they enlisted Des to launch a legal
case against Corby Council.
245
00:14:59,320 --> 00:15:03,240
It's far beyond that which can be
dismissed by way of coincidence.
246
00:15:03,240 --> 00:15:07,200
There's just too many people
in such a small area.
247
00:15:07,200 --> 00:15:09,920
It may be difficult to prove,
but it can be proved.
248
00:15:09,920 --> 00:15:12,640
And we, on behalf of the parents,
intend to prove it.
249
00:15:12,640 --> 00:15:17,480
Des had to prove that toxic waste
from the steelworks had somehow
250
00:15:17,480 --> 00:15:19,200
damaged the babies in the womb,
251
00:15:19,200 --> 00:15:22,560
and that Corby Council had acted
negligently during
252
00:15:22,560 --> 00:15:24,800
the regeneration works.
253
00:15:24,800 --> 00:15:28,000
But the council were unwilling
to accept any blame.
254
00:15:29,240 --> 00:15:30,880
There is no cluster.
255
00:15:30,880 --> 00:15:33,600
There is no causal link
between the reclamation
256
00:15:33,600 --> 00:15:35,680
and the birth defects.
257
00:15:35,680 --> 00:15:39,400
And, consequently,
there is no case to answer.
258
00:15:39,400 --> 00:15:45,520
Chris Mallender was appointed chief
executive of Corby Council in 2003,
259
00:15:45,520 --> 00:15:49,560
and, whilst in office, continued
to deny the mothers' claims.
260
00:15:49,560 --> 00:15:54,160
Our belief is there is no evidence
whatsoever that anybody was exposed
261
00:15:54,160 --> 00:15:56,560
to a significant degree
to anything nasty.
262
00:15:59,760 --> 00:16:03,760
Corby was a close-knit town, and
the accusations Des and the mothers
263
00:16:03,760 --> 00:16:06,600
were making were not well-received.
264
00:16:06,600 --> 00:16:10,880
You had a council populated
by ex-steel workers.
265
00:16:10,880 --> 00:16:14,000
And they were hard-nosed guys,
and fully believed that
266
00:16:14,000 --> 00:16:17,040
these toxins can't do anything.
"We worked with them for 30 years."
267
00:16:19,200 --> 00:16:22,680
We've seen nothing yet to suggest
that there is any link,
268
00:16:22,680 --> 00:16:25,360
however tenuous, between the
reclamation programme
269
00:16:25,360 --> 00:16:26,560
and these defects.
270
00:16:32,200 --> 00:16:36,280
Building a case to prove that
toxic waste had poisoned the mothers
271
00:16:36,280 --> 00:16:38,520
was hugely complicated.
272
00:16:38,520 --> 00:16:42,360
We wanted to prove
that this had happened,
273
00:16:42,360 --> 00:16:44,720
and it could be established
in court.
274
00:16:44,720 --> 00:16:46,440
It had never been done before.
275
00:16:46,440 --> 00:16:50,240
And most people, including
the council, said, "You're mad.
276
00:16:50,240 --> 00:16:51,720
"You'll never do it."
277
00:16:51,720 --> 00:16:53,120
To stand any chance
278
00:16:53,120 --> 00:16:56,600
of proving the council wrong,
Des needed help.
279
00:17:00,120 --> 00:17:04,200
The next stage of the process
was to establish what went wrong.
280
00:17:04,200 --> 00:17:06,320
In order to establish that,
281
00:17:06,320 --> 00:17:08,800
we had to put in place
a range of experts.
282
00:17:10,400 --> 00:17:13,280
He assembled
a land reclamation expert,
283
00:17:13,280 --> 00:17:16,280
a professor specialising
in air pollution,
284
00:17:16,280 --> 00:17:18,520
and an expert on foetal development.
285
00:17:20,440 --> 00:17:24,200
You get all the different
disciplines working together as one
286
00:17:24,200 --> 00:17:27,120
saying, "Yes, that can happen,
that can happen, that can happen."
287
00:17:27,120 --> 00:17:31,200
The first expert he consulted
was an epidemiologist
288
00:17:31,200 --> 00:17:34,120
to establish if the health authority
report was correct.
289
00:17:35,200 --> 00:17:38,320
Epidemiology is
the study of incidents of
290
00:17:38,320 --> 00:17:40,880
diseases in populations.
291
00:17:40,880 --> 00:17:43,080
How many cases of heart disease,
292
00:17:43,080 --> 00:17:46,160
all of that sort of thing -
that's epidemiology.
293
00:17:46,160 --> 00:17:49,000
When I read the report,
one of the things that struck me
294
00:17:49,000 --> 00:17:54,080
was that the approach had been
coloured by the view that perhaps
295
00:17:54,080 --> 00:17:56,320
they didn't expect to find anything.
296
00:17:56,320 --> 00:17:59,120
It seemed odd that so many
birth defects had occurred
297
00:17:59,120 --> 00:18:01,000
in such a small town.
298
00:18:01,000 --> 00:18:03,920
Yet the health authority's report
concluded the statistics
299
00:18:03,920 --> 00:18:06,080
weren't above average.
300
00:18:06,080 --> 00:18:09,320
Professor Parker was immediately
suspicious of how the figures
301
00:18:09,320 --> 00:18:11,120
had been calculated.
302
00:18:11,120 --> 00:18:14,600
What Northamptonshire Health
Authority did originally was
303
00:18:14,600 --> 00:18:17,840
they ascertained all of the cases
of birth defects
304
00:18:17,840 --> 00:18:21,680
in the Kettering Health Authority
area, and, then, they looked to see
305
00:18:21,680 --> 00:18:25,960
if the rate in Corby
was higher than the rate
306
00:18:25,960 --> 00:18:27,800
in the whole of Kettering.
307
00:18:27,800 --> 00:18:31,240
But what they did was they
calculated the rate in Corby,
308
00:18:31,240 --> 00:18:35,480
and, then, compared that rate
with the rate
309
00:18:35,480 --> 00:18:39,360
in the Kettering Health District,
including Corby.
310
00:18:39,360 --> 00:18:42,400
So, I didn't understand why
they'd done that.
311
00:18:42,400 --> 00:18:45,080
By including the figures from Corby,
312
00:18:45,080 --> 00:18:48,600
it appeared that the health
authority had skewed the results.
313
00:18:48,600 --> 00:18:53,000
So, what I did was I looked at
the rate of birth defects in Corby,
314
00:18:53,000 --> 00:18:55,680
and, then, I compared those
with Kettering Health Authority
315
00:18:55,680 --> 00:18:57,560
excluding Corby.
316
00:18:59,800 --> 00:19:03,760
And what I found there was that
the rate in Corby was not only high
317
00:19:03,760 --> 00:19:05,560
compared with Kettering,
318
00:19:05,560 --> 00:19:09,040
but it was high compared with the...
really, the rest of Europe.
319
00:19:11,240 --> 00:19:14,720
Professor Parker's calculations
showed that during the land
320
00:19:14,720 --> 00:19:18,760
reclamation works from 1987 to 1999,
321
00:19:18,760 --> 00:19:22,880
the number of birth defects
in Corby had almost tripled.
322
00:19:22,880 --> 00:19:25,200
DES ON FILM: These children have
been deformed.
323
00:19:25,200 --> 00:19:27,720
They will live with those
deformities for years to come.
324
00:19:27,720 --> 00:19:30,560
If the council is liable, then it
should put its hands up and say,
325
00:19:30,560 --> 00:19:33,040
"Sorry, we got it wrong,
we will compensate you."
326
00:19:35,240 --> 00:19:38,920
Professor Parker's report was a
breakthrough, but the mothers still
327
00:19:38,920 --> 00:19:40,920
had a long, legal battle ahead.
328
00:19:42,160 --> 00:19:44,760
And they were coping with
their children's increasingly
329
00:19:44,760 --> 00:19:46,680
complex medical needs.
330
00:19:50,800 --> 00:19:55,960
The idea, as far as I remember,
was to graft a toe from my foot
331
00:19:55,960 --> 00:20:00,400
onto my hand to trial and see
if they could use it as a finger.
332
00:20:03,120 --> 00:20:06,320
Lewis, by the time he had his
operation, just before he was one.
333
00:20:09,520 --> 00:20:12,800
So, then, he was in
a high-dependency unit with his toe
334
00:20:12,800 --> 00:20:15,720
in a bandage, and, obviously,
his hands, as well,
335
00:20:15,720 --> 00:20:17,280
for I think about five days.
336
00:20:18,680 --> 00:20:22,400
Anybody who has children
in hospital, it's very, very hard.
337
00:20:22,400 --> 00:20:24,040
You know, it's very traumatic.
338
00:20:28,440 --> 00:20:31,120
All I was told was my hands
need fixing.
339
00:20:31,120 --> 00:20:33,800
And this is the operation
to do that.
340
00:20:33,800 --> 00:20:36,560
It's quite a scary thing
for a young child to do.
341
00:20:36,560 --> 00:20:40,240
That was when the first memories
going down in the operating theatre,
342
00:20:40,240 --> 00:20:42,320
Mum and Dad holding my hand.
343
00:20:44,280 --> 00:20:48,520
The toe doctors grafted
onto Lewis' hand didn't take.
344
00:20:48,520 --> 00:20:52,440
He had four major operations
before the age of 12.
345
00:20:52,440 --> 00:20:53,960
But they all failed.
346
00:20:56,320 --> 00:20:58,120
He was due to have
another operation,
347
00:20:58,120 --> 00:21:00,360
and Lewis just didn't
want to any more.
348
00:21:00,360 --> 00:21:03,280
I think he'd just gone
through enough.
349
00:21:03,280 --> 00:21:05,240
And we learned to adapt that way.
350
00:21:05,240 --> 00:21:09,080
So, when it's traumatic enough,
you have to say enough is enough.
351
00:21:17,640 --> 00:21:22,080
Well, Connor had a thumb
and little buds as fingers.
352
00:21:24,640 --> 00:21:26,560
He had...
353
00:21:26,560 --> 00:21:29,360
..five operations,
354
00:21:29,360 --> 00:21:33,000
and 26 corrective surgery.
355
00:21:33,000 --> 00:21:38,920
First of all, they took the buds
off, and, then, they decided to
356
00:21:38,920 --> 00:21:40,920
do a toe transplant.
357
00:21:42,400 --> 00:21:45,520
So, they took a toe off each foot
and put it up to the hand.
358
00:21:46,880 --> 00:21:51,320
They at least will have the grip
to use to help him with things.
359
00:22:03,760 --> 00:22:07,560
The next step in the case was to
uncover how the council had managed
360
00:22:07,560 --> 00:22:09,200
the steelworks redevelopment.
361
00:22:10,640 --> 00:22:15,720
DES: We had to understand the way
in which the reclamation
362
00:22:15,720 --> 00:22:17,280
programme had operated.
363
00:22:19,360 --> 00:22:22,400
The councils were very
reluctant to disclose
364
00:22:22,400 --> 00:22:24,400
any information whatsoever.
365
00:22:27,040 --> 00:22:30,120
I'm satisfied, from
an operational point of view,
366
00:22:30,120 --> 00:22:32,560
that that was a
well-managed programme.
367
00:22:32,560 --> 00:22:34,360
We used good contractors.
368
00:22:34,360 --> 00:22:37,240
And it was a sound programme
of activity.
369
00:22:39,680 --> 00:22:43,920
Des repeatedly asked the council
to hand over documents
370
00:22:43,920 --> 00:22:46,600
outlining how
the reclamation was managed.
371
00:22:46,600 --> 00:22:50,040
Families will be helped because we
will know precisely what was in
372
00:22:50,040 --> 00:22:53,080
the tips, and when that particular
waste was moved.
373
00:22:53,080 --> 00:22:56,560
And we will then be able to
determine how it was moved against
374
00:22:56,560 --> 00:22:59,600
the background of how we believe
it should have been moved.
375
00:22:59,600 --> 00:23:01,640
We believe that's where
the failings were.
376
00:23:03,760 --> 00:23:06,080
His requests were refused.
377
00:23:12,960 --> 00:23:17,680
The council was always going to be
reluctant to disclose information.
378
00:23:19,840 --> 00:23:22,920
But, then, the case took
a surprising turn.
379
00:23:22,920 --> 00:23:26,080
We were scratching our heads one day
when I came into the office,
380
00:23:26,080 --> 00:23:28,040
and on my desk in a brown envelope
381
00:23:28,040 --> 00:23:30,440
was a lever arch file
full of papers.
382
00:23:31,480 --> 00:23:34,320
It isn't normal for
secret documents to turn up.
383
00:23:34,320 --> 00:23:36,560
It's like something out of
a John Grisham novel.
384
00:23:36,560 --> 00:23:39,120
You think, you know, that he writes
this stuff, and I quite like
385
00:23:39,120 --> 00:23:41,200
reading it, but it doesn't
happen in real life.
386
00:23:41,200 --> 00:23:42,440
But it did happen.
387
00:23:44,040 --> 00:23:46,920
We made further inquiries of
the people who we knew in Corby.
388
00:23:46,920 --> 00:23:50,360
And it was indicated to us
that a guy called Sam Hagan
389
00:23:50,360 --> 00:23:53,800
might have been responsible
- directly or indirectly -
390
00:23:53,800 --> 00:23:55,440
for letting us see the papers.
391
00:23:59,600 --> 00:24:03,800
Sam Hagan worked for
Corby Council for over 30 years.
392
00:24:03,800 --> 00:24:07,880
In the early '90s, he accused
the council of taking short cuts
393
00:24:07,880 --> 00:24:10,240
whilst redeveloping the steelworks.
394
00:24:10,240 --> 00:24:13,040
But his complaints were shut down.
395
00:24:13,040 --> 00:24:17,200
Years later, when Sam heard about
the mothers' case in the press,
396
00:24:17,200 --> 00:24:19,880
he dug out the information
he'd gathered.
397
00:24:21,920 --> 00:24:24,520
Here, I've got a handwritten note
marked,
398
00:24:24,520 --> 00:24:26,720
"Strictly private and confidential".
399
00:24:26,720 --> 00:24:30,440
And it refers to a telephone call
that I got on Saturday,
400
00:24:30,440 --> 00:24:33,600
16th March, 1995.
401
00:24:35,080 --> 00:24:38,720
And this guy identified himself as
being a technical officer
402
00:24:38,720 --> 00:24:41,960
with the engineers department
in the land reclamation.
403
00:24:43,520 --> 00:24:48,040
He was employed supervising claims
of what is known as the toxic ponds.
404
00:24:50,200 --> 00:24:54,760
And the job was to empty these
toxic ponds, clear the site,
405
00:24:54,760 --> 00:24:56,720
and they had a plan for doing that.
406
00:24:58,400 --> 00:25:01,240
The council officer that blew
the whistle and told me
407
00:25:01,240 --> 00:25:03,520
that the practice was going on,
408
00:25:03,520 --> 00:25:07,120
the safety regulations
weren't being observed.
409
00:25:07,120 --> 00:25:10,200
They were playing fast and loose
with it in order to do the job
410
00:25:10,200 --> 00:25:11,960
quicker and make money.
411
00:25:13,880 --> 00:25:16,280
And he decided that there's
nothing he could do internally,
412
00:25:16,280 --> 00:25:17,920
he had to tell somebody.
413
00:25:17,920 --> 00:25:20,320
Cos this lad knew that if he was
known as the whistle-blower,
414
00:25:20,320 --> 00:25:22,560
he'd lose his job.
So, he told me instead.
415
00:25:24,000 --> 00:25:27,200
Sam anonymously passed on
hundreds of documents,
416
00:25:27,200 --> 00:25:31,240
including the whistle-blower's
personal notebooks, to Des.
417
00:25:31,240 --> 00:25:34,400
It was a potential breakthrough,
but it would take months to make
418
00:25:34,400 --> 00:25:38,000
sense of so many
highly-technical documents.
419
00:25:38,000 --> 00:25:40,520
We're not land reclamation experts.
420
00:25:40,520 --> 00:25:42,680
If you show me a piece of work
by a solicitor,
421
00:25:42,680 --> 00:25:45,560
can you say whether
that's irredeemably incompetent?
422
00:25:45,560 --> 00:25:48,400
I can tell you cos I'm a solicitor,
I can tell what should be done.
423
00:25:48,400 --> 00:25:52,040
But with the land reclamation,
that is hugely technical stuff.
424
00:25:52,040 --> 00:25:54,480
So, we're looking at this
package and thinking,
425
00:25:54,480 --> 00:25:56,080
"Look, we found this thing.
426
00:25:56,080 --> 00:25:58,480
"This is what's going to...this is
what's going to win or lose."
427
00:25:58,480 --> 00:26:00,200
But we don't know what's in it.
428
00:26:01,800 --> 00:26:05,040
The legal case had now been running
for over six years.
429
00:26:05,040 --> 00:26:07,480
And the families
were facing new challenges,
430
00:26:07,480 --> 00:26:09,920
as their children grew up.
431
00:26:09,920 --> 00:26:13,160
While she's at home and
she's only little, that's fine,
432
00:26:13,160 --> 00:26:14,920
because you're there to protect her.
433
00:26:14,920 --> 00:26:18,400
But, you know, soon enough
you have to let them go to...
434
00:26:18,400 --> 00:26:20,040
..into the big, wide world.
435
00:26:21,720 --> 00:26:24,960
As the case intensified,
Lisa's daughter, Simone,
436
00:26:24,960 --> 00:26:26,760
started secondary school.
437
00:26:26,760 --> 00:26:30,400
What should have been
the nicest part of your childhood
438
00:26:30,400 --> 00:26:34,440
probably turned out to be
an absolute horror for her.
439
00:26:36,520 --> 00:26:39,760
I would hide my hands all the time,
and I would get the odd child
440
00:26:39,760 --> 00:26:43,440
asking me why my hands
were like that.
441
00:26:43,440 --> 00:26:46,360
There was also a group of children
that used to live behind us in
442
00:26:46,360 --> 00:26:48,720
the next street, and they would be
picking on me a lot.
443
00:26:48,720 --> 00:26:52,720
And they would be shouting things
from the alleyways.
444
00:26:52,720 --> 00:26:55,120
"Four fingers" or,
"Look at that four-fingered freak,"
445
00:26:55,120 --> 00:26:56,640
and, then, run away from me.
446
00:26:56,640 --> 00:26:59,880
And I remember when I was old enough
to walk to my dancing classes,
447
00:26:59,880 --> 00:27:02,520
I used to take myself the long way
and make myself late for dancing,
448
00:27:02,520 --> 00:27:05,320
because I didn't want to bump
into the other children.
449
00:27:05,320 --> 00:27:08,400
Emotionally, mentally,
it did affect me.
450
00:27:10,840 --> 00:27:15,720
It changed her from being quite
a gregarious, cheeky toddler
451
00:27:15,720 --> 00:27:19,000
to being quite a shy, introverted...
452
00:27:19,000 --> 00:27:20,280
..little girl.
453
00:27:22,080 --> 00:27:26,320
The older she got, she realised
that the focus was her hands.
454
00:27:26,320 --> 00:27:30,120
So, if people didn't see her hands,
that would be OK.
455
00:27:30,120 --> 00:27:33,800
It's not as if I've got eight
fingers that look normal.
456
00:27:33,800 --> 00:27:36,240
They aren't normal.
They don't look nice.
457
00:27:36,240 --> 00:27:38,480
Like, that's how I look at them.
458
00:27:38,480 --> 00:27:40,520
Maybe that's why I want to hide
them all the time,
459
00:27:40,520 --> 00:27:43,120
because I don't want people to
see them, because I'm scared of what
460
00:27:43,120 --> 00:27:44,360
they're going to say.
461
00:27:46,360 --> 00:27:47,400
That was a good throw.
462
00:27:48,640 --> 00:27:52,280
He was a joy to have as a kid,
cos nothing bothered him.
463
00:27:52,280 --> 00:27:54,520
He just got on with stuff.
464
00:27:54,520 --> 00:27:57,960
And, then, the bullying started
when he was at school.
465
00:27:57,960 --> 00:28:02,240
They say bad things about my hand.
466
00:28:04,080 --> 00:28:05,680
Like...
467
00:28:07,040 --> 00:28:08,360
.."Two-fingered freak."
468
00:28:09,800 --> 00:28:13,720
He just didn't get peace from these
children calling him
469
00:28:13,720 --> 00:28:15,480
all sorts of names.
470
00:28:15,480 --> 00:28:18,360
Really horrible,
the things they said.
471
00:28:18,360 --> 00:28:23,760
He got bullied that much that he
used to break down and cry, and say,
472
00:28:23,760 --> 00:28:28,280
"Mum, I don't want to go out because
people are looking at my hand."
473
00:28:29,680 --> 00:28:34,200
He started biting his hand and
didn't want it, tried to cut it off.
474
00:28:35,440 --> 00:28:37,560
But I think a lot of it
was a cry for help.
475
00:28:39,840 --> 00:28:45,360
All Connor wanted was to be a normal
kid, and to grow up to be a man,
476
00:28:45,360 --> 00:28:47,560
and get on with his life.
477
00:28:47,560 --> 00:28:49,360
But no-one ever gave him a chance.
478
00:28:53,240 --> 00:28:56,680
We, as a council, have a huge degree
of sympathy for the children
479
00:28:56,680 --> 00:29:00,320
and the families involved, but we
seen no evidence whatsoever to link
480
00:29:00,320 --> 00:29:05,200
the very serious deformities some
of them suffer to the actual waste
481
00:29:05,200 --> 00:29:07,080
reclamation programme here in Corby.
482
00:29:08,880 --> 00:29:12,120
The implementation of
the programme was exemplary.
483
00:29:12,120 --> 00:29:15,160
I just don't subscribe to this view
that there was something
484
00:29:15,160 --> 00:29:17,440
terribly wrong with
what was done at the time.
485
00:29:28,560 --> 00:29:32,000
I am historically
an environmental health officer.
486
00:29:33,560 --> 00:29:35,640
If I've got one area of expertise,
487
00:29:35,640 --> 00:29:37,160
it's contaminated land
488
00:29:37,160 --> 00:29:39,520
and environmental protection issues.
489
00:29:39,520 --> 00:29:41,160
Yes, it sounds a bit strange,
doesn't it?
490
00:29:41,160 --> 00:29:44,000
How can you be passionate
about contaminated land?
491
00:29:44,000 --> 00:29:45,840
But, at the end of the day,
492
00:29:45,840 --> 00:29:49,080
the soil has got to be right.
493
00:29:51,720 --> 00:29:55,800
Armed with the secret documents
provided by Sam Hagan,
494
00:29:55,800 --> 00:29:59,520
Des Collins tracked down
Roger Braithwaite, a leading expert
495
00:29:59,520 --> 00:30:00,720
in soil contamination.
496
00:30:04,800 --> 00:30:07,960
I'd got thousands of pages
of stuff to read.
497
00:30:07,960 --> 00:30:10,400
Just on site investigation
reports alone,
498
00:30:10,400 --> 00:30:12,440
I think it counted over 9,000 pages.
499
00:30:14,440 --> 00:30:18,040
What we were trying to
establish was were the wastes
500
00:30:18,040 --> 00:30:22,600
so badly handled that it resulted
in a public nuisance
501
00:30:22,600 --> 00:30:24,640
which could potentially cause harm?
502
00:30:24,640 --> 00:30:26,480
And, as time went on,
503
00:30:26,480 --> 00:30:30,720
I realised that there was most
certainly a case to answer.
504
00:30:34,560 --> 00:30:39,440
Every process on a steelworks site
involves lots of waste.
505
00:30:40,680 --> 00:30:43,440
And, generally speaking,
it's a toxic material.
506
00:30:43,440 --> 00:30:48,440
You end up with thousands and
thousands of gallons of liquid waste
507
00:30:48,440 --> 00:30:50,240
that you have to put into lagoons.
508
00:30:51,760 --> 00:30:53,880
And these are known as
settlement lagoons,
509
00:30:53,880 --> 00:30:56,040
became known as "toxic ponds".
510
00:30:57,720 --> 00:31:00,600
Liquid wastes are the most difficult
things to deal with.
511
00:31:03,840 --> 00:31:07,880
Steel is made from iron ore and,
during the manufacturing process,
512
00:31:07,880 --> 00:31:11,280
produces a number of
toxic chemicals.
513
00:31:11,280 --> 00:31:15,840
These include arsenic, cyanides,
mercury, and cadmium.
514
00:31:15,840 --> 00:31:19,800
Many of these chemicals
are disposed of in waste ponds.
515
00:31:24,400 --> 00:31:28,600
Now, this was the biggest and most
complex development of its kind
516
00:31:28,600 --> 00:31:30,480
in the whole of Europe.
517
00:31:30,480 --> 00:31:33,480
So, needless to say, the people
from the government
518
00:31:33,480 --> 00:31:35,320
decided to go and take a look.
519
00:31:36,440 --> 00:31:40,000
I found a letter from the then-head
of Environmental Health.
520
00:31:42,440 --> 00:31:47,560
He wrote to the planning officer,
and he said these are the chemicals
521
00:31:47,560 --> 00:31:49,160
which you would expect.
522
00:31:49,160 --> 00:31:51,960
He identified all the chemicals
that he thought might have arisen
523
00:31:51,960 --> 00:31:53,400
as a result of the waste.
524
00:31:53,400 --> 00:31:55,360
And they offered advice.
525
00:31:55,360 --> 00:31:59,320
The advice included that
the contractors cover their lorries
526
00:31:59,320 --> 00:32:04,040
and make sure no dust was created,
particularly on public roads.
527
00:32:04,040 --> 00:32:08,040
Every bit of advice that
they got from these experts
528
00:32:08,040 --> 00:32:09,600
they just ignored.
529
00:32:11,720 --> 00:32:13,400
Lorries weren't covered.
530
00:32:13,400 --> 00:32:17,320
It's all just draining out of
the back of these dump trucks.
531
00:32:17,320 --> 00:32:21,840
And all the roads in the area
are just covered in this silt.
532
00:32:23,880 --> 00:32:26,520
And that's where everything
went pear-shaped.
533
00:32:29,560 --> 00:32:33,000
Each of the mothers lived or worked
within a few kilometres of
534
00:32:33,000 --> 00:32:35,440
the routes these trucks were taking.
535
00:32:39,720 --> 00:32:42,360
You would always hear the trucks
go backwards and forwards
536
00:32:42,360 --> 00:32:43,880
when they were moving the mud.
537
00:32:45,400 --> 00:32:47,880
It was just...it was just sludge.
538
00:32:50,880 --> 00:32:54,480
I used to walk to my mum's
every day, and there used to be
539
00:32:54,480 --> 00:32:58,000
a lot of trucks passing us,
with soil falling on the roads.
540
00:32:58,000 --> 00:33:01,520
And it'd get on my pram wheels
that Daniel was in.
541
00:33:01,520 --> 00:33:04,280
And I was pregnant
with Connor at the time.
542
00:33:06,120 --> 00:33:08,560
God knows what we were washing off.
543
00:33:11,800 --> 00:33:14,880
You know, when you're at the seaside
and you go back to your car,
544
00:33:14,880 --> 00:33:17,600
and there's, like,
sand all over the windscreen?
545
00:33:17,600 --> 00:33:22,160
That's what it was like, but it
was a, like, orangey-red dust.
546
00:33:24,400 --> 00:33:26,240
My husband come home from work
547
00:33:26,240 --> 00:33:29,240
and his clothes would be a bit more
dirty than usual.
548
00:33:30,280 --> 00:33:33,480
We used to say just take them off
in the porch, and, then,
549
00:33:33,480 --> 00:33:35,160
put them in the washing machine,
550
00:33:35,160 --> 00:33:37,200
separate from
everybody else's clothes.
551
00:33:40,840 --> 00:33:43,480
The work was done so amateurishly,
in fact.
552
00:33:45,520 --> 00:33:49,400
Just basically muck-shifting
without any controls whatsoever.
553
00:33:49,400 --> 00:33:53,040
The key thing about that sludge -
very, very fine particles.
554
00:33:55,320 --> 00:33:58,720
It would have resulted in
a tremendous amount of pollution...
555
00:33:59,760 --> 00:34:01,640
..over the whole of the district.
556
00:34:05,040 --> 00:34:10,480
That is just basically a toxic soup
of dust hanging over a town.
557
00:34:16,320 --> 00:34:20,480
Now, this is not happening
in one week or in one month,
558
00:34:20,480 --> 00:34:24,000
or even one year. It's happening
over many, many years.
559
00:34:28,400 --> 00:34:30,840
After months examining
the documents,
560
00:34:30,840 --> 00:34:34,080
Roger was certain that
the council's mismanagement
561
00:34:34,080 --> 00:34:37,880
of the dangerous toxins
had put the people of Corby at risk.
562
00:34:47,080 --> 00:34:50,560
There was a few days, quite a few
days where, especially on a hot,
563
00:34:50,560 --> 00:34:53,800
sunny day, you'd be in the office,
564
00:34:53,800 --> 00:34:56,840
and you'd just see it was like
you're in the Sahara Desert.
565
00:34:56,840 --> 00:35:00,080
It's like a sandstorm coming along,
so we used to shut the windows.
566
00:35:01,280 --> 00:35:02,720
And you'd go out to your car.
567
00:35:02,720 --> 00:35:05,160
It was literally as though
you'd driven through the desert.
568
00:35:06,560 --> 00:35:11,480
Tracie Taylor worked in accounts in
an industrial estate right next
569
00:35:11,480 --> 00:35:14,920
to the route the contractors used
to transport the toxic waste.
570
00:35:16,720 --> 00:35:21,400
When our daughter was born,
she'd got a deformed ear.
571
00:35:26,280 --> 00:35:29,920
And, you know, they sort of said,
"Oh, don't worry about it.
572
00:35:29,920 --> 00:35:31,760
"It's probably just how she's laid.
573
00:35:31,760 --> 00:35:34,200
"We'll get ENT to have
a look at it."
574
00:35:34,200 --> 00:35:36,160
We seemed to be the happy
little family.
575
00:35:37,840 --> 00:35:42,400
Noticed Shelby didn't seem to be
wanting to eat or drink, or...
576
00:35:44,560 --> 00:35:46,160
..move a lot.
577
00:35:46,160 --> 00:35:47,720
She wouldn't feed.
578
00:35:49,720 --> 00:35:52,720
Doctor came up, took her down
for loads of scans.
579
00:35:55,760 --> 00:35:57,960
All her internal organs
were deformed.
580
00:36:04,280 --> 00:36:08,040
They just said they could try
to operate, but the first operation,
581
00:36:08,040 --> 00:36:11,480
they gave her a 5% chance of
coming out alive.
582
00:36:14,000 --> 00:36:16,120
Which we didn't think was fair.
583
00:36:16,120 --> 00:36:20,040
So, we agreed what we'd do is
take her off life support.
584
00:36:23,360 --> 00:36:26,520
Within five minutes, she'd gone.
She'd passed in our arms.
585
00:36:28,040 --> 00:36:30,680
Like most new mums
who've lost a child,
586
00:36:30,680 --> 00:36:32,640
you tend to blame yourself.
587
00:36:32,640 --> 00:36:35,040
Ask yourself,
"Was it something I'd done?"
588
00:36:38,600 --> 00:36:41,200
There's her death certificate,
showing that she died
589
00:36:41,200 --> 00:36:42,840
at the John Radcliffe Hospital.
590
00:36:50,160 --> 00:36:56,440
After she died, we had a meeting
with them to find out why Shelby's
591
00:36:56,440 --> 00:36:58,280
internal organs were like they were.
592
00:37:02,160 --> 00:37:04,920
And we were asked if either of us
worked with toxic waste
593
00:37:04,920 --> 00:37:09,440
or chemicals, because that was
really the only thing that would
594
00:37:09,440 --> 00:37:11,880
cause them internal deformities.
595
00:37:11,880 --> 00:37:16,000
At the time, obviously, we both said
no, because we didn't realise
596
00:37:16,000 --> 00:37:18,640
either of us had been
in contact with any.
597
00:37:31,840 --> 00:37:33,840
I always used to think,
598
00:37:33,840 --> 00:37:35,720
"Maybe something...someone's
got it wrong."
599
00:37:35,720 --> 00:37:37,680
Like, "Maybe the council are right."
600
00:37:39,520 --> 00:37:43,400
Surely, the council couldn't
have done something that bad...
601
00:37:44,800 --> 00:37:47,520
..and that careless to affect
so many people out there.
602
00:37:50,720 --> 00:37:52,040
My mum's a fighter.
603
00:37:53,440 --> 00:37:56,080
It might have took a toll on her,
but she'd never show that.
604
00:37:58,680 --> 00:38:01,680
I wonder what it was like for her
in the early stages.
605
00:38:03,080 --> 00:38:05,920
Whether she actually thought
that she'd done something wrong
606
00:38:05,920 --> 00:38:07,560
to make me the way I was.
607
00:38:10,000 --> 00:38:13,040
She had so many questions,
and never got the answers.
608
00:38:18,720 --> 00:38:22,560
We were trying to establish
that airborne contamination
609
00:38:22,560 --> 00:38:23,800
could affect the foetus.
610
00:38:25,320 --> 00:38:28,480
If you inhaled the material,
then it could cause limb defects.
611
00:38:29,720 --> 00:38:33,840
Des now had expert evidence
showing that toxic dust
612
00:38:33,840 --> 00:38:37,200
was in the air in Corby
whilst the mothers were pregnant.
613
00:38:37,200 --> 00:38:39,280
But there was a further challenge.
614
00:38:39,280 --> 00:38:42,720
Nobody had ever proved
that mothers breathing in toxins
615
00:38:42,720 --> 00:38:44,520
could damage a foetus.
616
00:38:44,520 --> 00:38:48,000
It just wasn't something
which anyone had tried to show,
617
00:38:48,000 --> 00:38:49,400
tried and failed.
618
00:38:49,400 --> 00:38:50,720
No-one had even tried.
619
00:38:55,080 --> 00:38:57,760
Most of my work is
detecting abnormalities,
620
00:38:57,760 --> 00:39:01,400
and I'd done quite a lot
of research into birth defects,
621
00:39:01,400 --> 00:39:03,800
when I was approached
about this case.
622
00:39:05,440 --> 00:39:10,160
Having established that there was
a greater number of these cases born
623
00:39:10,160 --> 00:39:13,360
in the population in and around
Corby than one would expect
624
00:39:13,360 --> 00:39:15,600
from national figures,
625
00:39:15,600 --> 00:39:20,920
it seemed only reasonable that there
has to be an explanation why.
626
00:39:22,960 --> 00:39:27,760
Dr Penman started by investigating
the list of toxins that are produced
627
00:39:27,760 --> 00:39:29,480
during the steel-making process.
628
00:39:31,800 --> 00:39:36,720
I had to work through each one
to try and find any published
629
00:39:36,720 --> 00:39:40,200
literature that showed that they
were capable of causing these,
630
00:39:40,200 --> 00:39:44,480
or similar, defects inhaled
as fine particles.
631
00:39:46,080 --> 00:39:49,720
I often spent weeks and weeks
coming across one paper
632
00:39:49,720 --> 00:39:54,640
after another that I thought was
going to give us some good evidence.
633
00:39:54,640 --> 00:39:57,640
Often as not, it tended
to be a blind alley.
634
00:39:59,160 --> 00:40:01,280
After months of searching,
635
00:40:01,280 --> 00:40:03,680
Dr Penman finally had
a breakthrough.
636
00:40:05,760 --> 00:40:09,680
We know that smokers have higher
blood cadmium levels
637
00:40:09,680 --> 00:40:12,280
because of the cadmium absorbed
from cigarette smoke.
638
00:40:13,480 --> 00:40:17,040
And, so, I trawled the world
literature for any evidence
639
00:40:17,040 --> 00:40:21,680
of a greater incidence of
limb-reduction defects in smokers.
640
00:40:24,040 --> 00:40:29,960
An NHS-commissioned study on cadmium
showed that, in mice and rats,
641
00:40:29,960 --> 00:40:33,400
that it is capable of causing
limb reduction defects.
642
00:40:35,440 --> 00:40:39,320
And that was really critical here
because this is the sort of defect
643
00:40:39,320 --> 00:40:43,200
that most of these children
born in Corby had.
644
00:40:43,200 --> 00:40:45,800
Cadmium seemed to be
the prime suspect.
645
00:40:49,040 --> 00:40:52,840
A baby's limbs develop in
the first trimester of pregnancy.
646
00:40:52,840 --> 00:40:57,160
Dr Penman discovered that,
when inhaled, cadmium can get into
647
00:40:57,160 --> 00:40:59,000
the bloodstream of the mother
648
00:40:59,000 --> 00:41:01,760
and thus interrupt
the formation of the limbs.
649
00:41:04,960 --> 00:41:07,280
That was just a wonderful moment.
650
00:41:07,280 --> 00:41:12,000
We really did seem to have
a smoking gun pointing at cadmium.
651
00:41:22,240 --> 00:41:24,800
Eight years after the case began,
652
00:41:24,800 --> 00:41:27,760
the evidence against
the council was stacking up.
653
00:41:27,760 --> 00:41:31,240
But there was one big question
the team still had to crack.
654
00:41:31,240 --> 00:41:35,360
They needed to prove that the toxic
dust could have travelled far enough
655
00:41:35,360 --> 00:41:37,120
to reach all of the mothers.
656
00:41:38,800 --> 00:41:42,520
It wasn't a question of whether
it could go into the air.
657
00:41:42,520 --> 00:41:45,040
It was a question of,
once it was in the air,
658
00:41:45,040 --> 00:41:46,240
how far it could travel.
659
00:41:47,680 --> 00:41:50,120
That is hugely technical stuff.
660
00:41:50,120 --> 00:41:54,360
It had never been established
before, but that doesn't mean
661
00:41:54,360 --> 00:41:57,480
it can't be done because someone
somewhere is always going to do
662
00:41:57,480 --> 00:41:59,080
something for the first time.
663
00:42:02,160 --> 00:42:07,040
Dust particles, to most people, are
just a nuisance around the house.
664
00:42:07,040 --> 00:42:11,960
To me, they are extremely
complicated scientific phenomenon.
665
00:42:14,280 --> 00:42:19,080
Tony Cox is an air pollution expert
who had worked on other high profile
666
00:42:19,080 --> 00:42:21,120
industrial disaster cases.
667
00:42:23,240 --> 00:42:27,160
He was asked to prove whether the
toxic particles could have travelled
668
00:42:27,160 --> 00:42:30,000
up to 3km to reach the mothers.
669
00:42:32,800 --> 00:42:35,720
Those particles that we can breathe
into our lungs,
670
00:42:35,720 --> 00:42:38,960
they are likely also to travel
a long way in the air.
671
00:42:40,560 --> 00:42:43,600
But, obviously, I had the challenge
of proving that to a judge.
672
00:42:46,400 --> 00:42:48,480
I did some calculations.
673
00:42:48,480 --> 00:42:50,360
And I produced a little table.
674
00:42:51,960 --> 00:42:55,240
And that table suggested
that particles that were capable
675
00:42:55,240 --> 00:42:57,320
of being breathed would travel
676
00:42:57,320 --> 00:43:00,360
easily far enough to reach
the location
677
00:43:00,360 --> 00:43:01,680
of any home in Corby.
678
00:43:05,400 --> 00:43:07,600
With this final piece of evidence,
679
00:43:07,600 --> 00:43:10,640
the team were almost ready
to go to trial.
680
00:43:10,640 --> 00:43:15,080
But then came a problem
that threatened the whole case.
681
00:43:15,080 --> 00:43:19,560
I subsequently got the defendants'
evidence, which concluded that
682
00:43:19,560 --> 00:43:22,480
all the particles would fall out
of the atmosphere -
683
00:43:22,480 --> 00:43:25,640
I think the figure was 1.5km.
684
00:43:28,000 --> 00:43:31,520
Several of the claimant houses were
actually further than 1.5km
685
00:43:31,520 --> 00:43:34,200
from the source of the emissions.
686
00:43:34,200 --> 00:43:39,880
There was a quite glaring difference
between their findings and mine.
687
00:43:41,320 --> 00:43:43,360
I tried to reproduce their results,
688
00:43:43,360 --> 00:43:46,000
and I found I couldn't
reproduce them.
689
00:43:46,000 --> 00:43:48,200
And I checked my equations
very carefully.
690
00:43:48,200 --> 00:43:51,040
I checked the equations
that they said they were using,
691
00:43:51,040 --> 00:43:54,920
and everything seemed correct.
692
00:43:54,920 --> 00:43:57,680
And, yet, the answers
were different.
693
00:43:57,680 --> 00:44:01,800
The defendants' evidence
contradicted Professor Cox's.
694
00:44:03,400 --> 00:44:07,000
If their calculations were correct,
the dust couldn't have travelled
695
00:44:07,000 --> 00:44:09,040
far enough to affect
all the mothers.
696
00:44:11,880 --> 00:44:15,520
Worried about the discrepancy,
Des confronted Tony.
697
00:44:17,680 --> 00:44:20,440
There was a great deal of tension.
698
00:44:20,440 --> 00:44:24,680
Des is a man who's quite prepared
to take on a risk.
699
00:44:26,000 --> 00:44:29,280
But, of course, he's got a lot
at stake if it doesn't go right.
700
00:44:30,680 --> 00:44:33,920
Despite this difference between
the two experts' evidence,
701
00:44:33,920 --> 00:44:37,080
Des had no choice
but to move forward.
702
00:44:37,080 --> 00:44:41,200
All we can do is rely on
the view given by Tony Cox.
703
00:44:41,200 --> 00:44:43,840
At that stage,
we were prepared to rely on him.
704
00:44:46,160 --> 00:44:48,240
After a nine-year battle,
705
00:44:48,240 --> 00:44:52,200
18 families were now involved
in the fight for compensation.
706
00:44:52,200 --> 00:44:55,640
And they were finally ready
to go to trial.
707
00:44:55,640 --> 00:44:58,120
We had to get a barrister in place.
708
00:44:58,120 --> 00:45:01,920
We put together this package
and sent it to half a dozen
709
00:45:01,920 --> 00:45:04,720
very important barristers and said,
710
00:45:04,720 --> 00:45:07,840
"You have been put into the
shortlist, and if you're lucky,
711
00:45:07,840 --> 00:45:09,680
"you'll get this job."
712
00:45:09,680 --> 00:45:12,240
And I think three of them came back
and said, "Get lost."
713
00:45:12,240 --> 00:45:13,520
HE CHUCKLES
714
00:45:15,760 --> 00:45:18,000
I wouldn't have wanted to be
part of a beauty parade.
715
00:45:18,000 --> 00:45:20,280
Either you want me or you
don't want me,
716
00:45:20,280 --> 00:45:21,960
I'm a blunt Yorkshireman, so, er...
717
00:45:21,960 --> 00:45:23,280
HE LAUGHS
718
00:45:24,840 --> 00:45:27,360
My main areas I worked in were
clinical negligence,
719
00:45:27,360 --> 00:45:29,760
which is claims on behalf
of children
720
00:45:29,760 --> 00:45:32,440
who'd been damaged at birth.
721
00:45:32,440 --> 00:45:34,560
And you only had to meet
the families
722
00:45:34,560 --> 00:45:39,320
to realise how they felt, that
they'd been let down by the system.
723
00:45:39,320 --> 00:45:42,840
Because this was Corby Council
and they were, effectively,
724
00:45:42,840 --> 00:45:45,200
what people regard as respectable,
725
00:45:45,200 --> 00:45:47,440
that they must be right
and they must be wrong.
726
00:45:49,360 --> 00:45:51,720
With a difficult trial
ahead of them,
727
00:45:51,720 --> 00:45:55,440
Des made a final attempt to strike
a deal with Corby Council.
728
00:45:57,000 --> 00:46:00,640
In order to avoid the trial, we put
an offer to the council,
729
00:46:00,640 --> 00:46:02,480
to see whether it would settle.
730
00:46:04,040 --> 00:46:05,800
But the council wouldn't look at it.
731
00:46:05,800 --> 00:46:08,080
They were convinced that they would
succeed at trial.
732
00:46:10,240 --> 00:46:12,880
At that stage, they had the bit
between their teeth
733
00:46:12,880 --> 00:46:15,080
and they couldn't wait to get
into court.
734
00:46:15,080 --> 00:46:18,960
The experts have studied
all the medical evidence and so on,
735
00:46:18,960 --> 00:46:23,000
and they've concluded likewise,
that there is nothing to link
736
00:46:23,000 --> 00:46:25,600
what we did with the cases
that have been found.
737
00:46:30,080 --> 00:46:32,960
REPORTER: A group of people who
believe their birth defects
738
00:46:32,960 --> 00:46:36,000
were caused by their mothers
being exposed to toxic materials
739
00:46:36,000 --> 00:46:38,520
have taken their case to
the High Court.
740
00:46:38,520 --> 00:46:40,600
I've had to live with it
for 19 years,
741
00:46:40,600 --> 00:46:43,240
I've been bullied throughout
my life. I want some answers
742
00:46:43,240 --> 00:46:47,720
and I want to know why I'm like this
and I've had to go through this.
743
00:46:47,720 --> 00:46:53,080
On 16th February 2009, after years
of gathering evidence,
744
00:46:53,080 --> 00:46:58,560
it was finally time for the mothers'
team to battle the council in court,
745
00:46:58,560 --> 00:47:02,280
fighting to prove a case
that had never been proven before.
746
00:47:03,600 --> 00:47:07,480
It was just like this little group
of...like an army.
747
00:47:07,480 --> 00:47:11,360
Just literally, like,
let's go forward, let's have it.
748
00:47:15,560 --> 00:47:19,000
Ten years after their battle began,
all 18 mothers
749
00:47:19,000 --> 00:47:20,800
made their way to court.
750
00:47:20,800 --> 00:47:24,160
REPORTER: Arriving together at the
technology and construction division
751
00:47:24,160 --> 00:47:26,600
of the High Court this morning,
the families are hoping
752
00:47:26,600 --> 00:47:29,320
the three-month trial will allow
them to seek damages
753
00:47:29,320 --> 00:47:31,440
of up to ยฃ1 million each.
754
00:47:31,440 --> 00:47:33,920
They weren't just there
to watch proceedings,
755
00:47:33,920 --> 00:47:36,880
David Wilby called them
as his first witnesses.
756
00:47:38,360 --> 00:47:41,800
I'm stood up in this court thinking,
OK, there's our team there.
757
00:47:41,800 --> 00:47:45,240
And then there's these council
people sitting in front of me
758
00:47:45,240 --> 00:47:48,720
with utter arrogance
written all over their faces.
759
00:47:51,000 --> 00:47:55,760
The mothers were given the first
chance to tell somebody
760
00:47:55,760 --> 00:47:58,880
in authority what had
actually happened.
761
00:48:00,720 --> 00:48:03,560
I think the aspect of their
evidence, which was important,
762
00:48:03,560 --> 00:48:09,520
was their fairly graphic evidence
about how dirty Corby was
763
00:48:09,520 --> 00:48:12,480
during the time that these
reclamation works took place.
764
00:48:14,880 --> 00:48:17,160
I was confident in my answers.
765
00:48:18,960 --> 00:48:20,680
I did it with steely determination.
766
00:48:22,240 --> 00:48:26,480
I wanted the families who had been
saying this for so long
767
00:48:26,480 --> 00:48:29,320
to actually be believed
and recognised.
768
00:48:31,040 --> 00:48:33,920
It was good, in a way, to say
your little story.
769
00:48:33,920 --> 00:48:36,840
That, in itself,
just makes you so strong.
770
00:48:38,680 --> 00:48:41,920
What kept us all going was the fact
that we knew we were doing right,
771
00:48:41,920 --> 00:48:44,680
and we had to do this
for the children.
772
00:48:46,960 --> 00:48:50,880
In response, the council's defence
team argued that the children's
773
00:48:50,880 --> 00:48:54,400
deformities were just
an unfortunate coincidence.
774
00:48:55,760 --> 00:48:58,000
I remember standing there
and them asking me
775
00:48:58,000 --> 00:48:59,960
the most ridiculous questions.
776
00:48:59,960 --> 00:49:02,440
Honestly, I think they were trying
to say that whatever happened
777
00:49:02,440 --> 00:49:06,520
to my baby, happened due to
something either genetically,
778
00:49:06,520 --> 00:49:09,560
or something I did in my childhood.
779
00:49:09,560 --> 00:49:13,360
Everything we done, everything
we said was a challenge.
780
00:49:13,360 --> 00:49:14,880
It was like...
781
00:49:17,040 --> 00:49:21,320
..no, this can't be happening,
this is just coincidence.
782
00:49:23,240 --> 00:49:26,000
It was a very daunting day,
just being in front of someone
783
00:49:26,000 --> 00:49:29,880
just firing questions at you as
though you've done something wrong.
784
00:49:29,880 --> 00:49:32,640
You know, when all you've done
is give birth.
785
00:49:32,640 --> 00:49:36,360
What you were able to do
was to support their accounts
786
00:49:36,360 --> 00:49:40,440
with objective evidence
from the time.
787
00:49:40,440 --> 00:49:43,480
And, of course, this made a big
difference because the judge knew
788
00:49:43,480 --> 00:49:45,520
they were telling the truth.
789
00:49:45,520 --> 00:49:50,920
Nobody who was in court on a number
of the days could have come away
790
00:49:50,920 --> 00:49:53,440
other than being
very impressed by them.
791
00:49:56,200 --> 00:49:58,840
Mums are a force to be reckoned
with in any world,
792
00:49:58,840 --> 00:50:02,560
regardless of whether your child
has got deformities
793
00:50:02,560 --> 00:50:04,080
in their hands or not.
794
00:50:06,240 --> 00:50:08,440
When that evidence finished,
795
00:50:08,440 --> 00:50:13,240
I think we felt as well,
"We've... That was a good start".
796
00:50:15,520 --> 00:50:17,400
Following the mothers' evidence,
797
00:50:17,400 --> 00:50:20,480
each side called
their expert witnesses.
798
00:50:20,480 --> 00:50:24,480
The defence grilled Roger
Braithwaite, denying negligence
799
00:50:24,480 --> 00:50:28,000
and arguing that the waste material
wasn't dangerously toxic.
800
00:50:28,000 --> 00:50:29,880
It was a lot of pressure.
801
00:50:29,880 --> 00:50:34,040
I was in the witness box for
three-and-a-half, nearly four days.
802
00:50:34,040 --> 00:50:36,880
The whole process was arduous.
803
00:50:38,520 --> 00:50:40,640
The fundamental aspect
of the defence was,
804
00:50:40,640 --> 00:50:42,960
there wasn't the degree
of contaminants there
805
00:50:42,960 --> 00:50:44,600
that we said that there would be.
806
00:50:46,760 --> 00:50:48,760
And they made a big point
about the fact
807
00:50:48,760 --> 00:50:51,560
that people working on the site
were all right.
808
00:50:51,560 --> 00:50:55,000
You know, I'm not sure how many
pregnant mothers were working
809
00:50:55,000 --> 00:50:56,400
during the reclamation work.
810
00:50:58,080 --> 00:51:03,400
Roger's gruelling cross-examination
left Des and his team concerned.
811
00:51:03,400 --> 00:51:08,720
You get a week into the trial and
you think, "Where is this going?"
812
00:51:09,800 --> 00:51:14,000
It's at that moment when you come
down to earth and suddenly think,
813
00:51:14,000 --> 00:51:16,120
"This could go so badly wrong,
814
00:51:16,120 --> 00:51:18,920
"and what will happen
if it does go wrong?"
815
00:51:18,920 --> 00:51:21,400
During the course of the trial,
816
00:51:21,400 --> 00:51:25,960
the judge visited Corby to see
the reclamation site for himself.
817
00:51:25,960 --> 00:51:30,320
REPORTER: Mr Justice Akenhead traced
the haulage route of the lorries
818
00:51:30,320 --> 00:51:32,840
that carried
the contaminated ground away.
819
00:51:34,520 --> 00:51:36,600
Afterwards, the judge honed in
820
00:51:36,600 --> 00:51:39,120
on the issue of how far
the dust could travel.
821
00:51:42,320 --> 00:51:44,720
The important link in the case
822
00:51:44,720 --> 00:51:49,040
was this question of
how the dust got to the mothers.
823
00:51:49,040 --> 00:51:52,680
They were relying on the fact
it couldn't get there
824
00:51:52,680 --> 00:51:54,880
as their main backup defence.
825
00:51:56,120 --> 00:51:57,960
The judge demanded the parties
826
00:51:57,960 --> 00:52:00,400
resolve the differences
in their calculations
827
00:52:00,400 --> 00:52:03,080
before the next day's proceedings.
828
00:52:03,080 --> 00:52:07,280
Once I'd really exhausted
all my efforts
829
00:52:07,280 --> 00:52:11,240
to find something wrong
in my own calculations,
830
00:52:11,240 --> 00:52:14,840
I thought I'd better have
a look more closely
831
00:52:14,840 --> 00:52:17,520
at the foundation
of the calculations
832
00:52:17,520 --> 00:52:20,640
that were presented
by the defendant experts.
833
00:52:20,640 --> 00:52:23,360
And, so, I had a good look
at this equation
834
00:52:23,360 --> 00:52:28,640
and I found that the defendants
had not done their own calculations.
835
00:52:28,640 --> 00:52:33,200
All their results had been derived
from a German scientist.
836
00:52:35,320 --> 00:52:39,040
When I realised that, I knew
I had to get the German paper.
837
00:52:41,600 --> 00:52:45,920
It was clear that if Tony's
evidence was to be accepted,
838
00:52:45,920 --> 00:52:47,880
that we had to get hold
of that German report
839
00:52:47,880 --> 00:52:50,920
and we had to get hold of it
within the space of a day.
840
00:52:53,320 --> 00:52:56,040
After trawling through
thousands of documents,
841
00:52:56,040 --> 00:52:59,080
Des' team finally found
the German report.
842
00:53:00,520 --> 00:53:01,960
When I got the paper...
843
00:53:05,760 --> 00:53:07,720
..the equation was different.
844
00:53:09,840 --> 00:53:11,920
They had made a mistake.
845
00:53:11,920 --> 00:53:14,320
Part of a mathematical equation
had been missed.
846
00:53:15,800 --> 00:53:18,040
And I then knew
what the cause was
847
00:53:18,040 --> 00:53:22,040
of the difference in the results
between myself and the defendants.
848
00:53:24,280 --> 00:53:27,520
That meant that the distance
the dust could travel
849
00:53:27,520 --> 00:53:29,240
was 2km, 3km, 4km.
850
00:53:31,000 --> 00:53:34,960
It was a major turning point
because it meant that we could prove
851
00:53:34,960 --> 00:53:38,760
that the dust had got
from where Corby were working
852
00:53:38,760 --> 00:53:44,160
into the lungs of the mothers, into
the blood of the babies in the womb,
853
00:53:44,160 --> 00:53:46,440
and could have caused the damage
854
00:53:46,440 --> 00:53:49,080
that the children
unfortunately suffered.
855
00:53:53,360 --> 00:53:58,920
In April 2009, barristers for each
side made their closing speeches.
856
00:54:01,120 --> 00:54:05,640
And Mr Justice Akenhead
left to consider his decision.
857
00:54:08,960 --> 00:54:10,800
It was always to get some answers
858
00:54:10,800 --> 00:54:14,720
because it's all well and good
saying me, as a mum, I'm strong
859
00:54:14,720 --> 00:54:18,640
and I've brought my daughter up
to be, you know, independent,
860
00:54:18,640 --> 00:54:21,760
but, without answers,
that really means nothing.
861
00:54:23,520 --> 00:54:25,440
We'd sat down with them
all and said,
862
00:54:25,440 --> 00:54:28,480
"This is very difficult litigation.
We might lose.
863
00:54:28,480 --> 00:54:31,520
"In fact, accepted wisdom is
we will lose".
864
00:54:34,040 --> 00:54:36,760
If a lawyer tells me they've
never lost a case in their life,
865
00:54:36,760 --> 00:54:40,240
I say to them, "You haven't fought
enough difficult cases".
866
00:54:40,240 --> 00:54:42,320
DIRECTOR: 30 seconds to air.
867
00:54:42,320 --> 00:54:45,720
But if you fight difficult cases,
go out on a limb,
868
00:54:45,720 --> 00:54:47,160
you will lose sometimes.
869
00:54:47,160 --> 00:54:49,400
Good evening and welcome
to the BBC News at Six.
870
00:54:49,400 --> 00:54:52,040
They were all born with disfigured
hands or feet,
871
00:54:52,040 --> 00:54:54,720
and their childhoods
were disfigured as a result.
872
00:54:54,720 --> 00:54:57,080
But, today, 16 children
and their families
873
00:54:57,080 --> 00:54:58,800
won a landmark legal battle.
874
00:55:01,480 --> 00:55:04,520
REPORTER: The judge said today
the council had been negligent
875
00:55:04,520 --> 00:55:06,760
and that that negligence was likely
876
00:55:06,760 --> 00:55:09,280
to have harmed those
unborn children.
877
00:55:09,280 --> 00:55:11,320
Within these 400 pages
878
00:55:11,320 --> 00:55:15,600
is confirmation of what so many
families have believed for so long.
879
00:55:18,040 --> 00:55:20,880
We didn't actually realise
how big the case was
880
00:55:20,880 --> 00:55:24,920
because, obviously, around here,
things like this don't happen.
881
00:55:24,920 --> 00:55:27,760
REPORTER: They are going back to
Corby tonight
882
00:55:27,760 --> 00:55:30,640
bolstered, upbeat, smiling.
883
00:55:30,640 --> 00:55:33,680
VOICEOVER: You're part of history.
It's just absolutely fantastic.
884
00:55:33,680 --> 00:55:36,960
You're just so happy and then
you just don't know what to do next
885
00:55:36,960 --> 00:55:39,360
because it's kind of all over
and it's like,
886
00:55:39,360 --> 00:55:41,800
"Wow, I feel like I can take on
the world".
887
00:55:43,760 --> 00:55:45,440
I now have a reason.
888
00:55:45,440 --> 00:55:48,320
I could confidently say to Simone,
889
00:55:48,320 --> 00:55:51,160
"These are the reasons
you are the way you are.
890
00:55:51,160 --> 00:55:55,000
"And now you've got them reasons
to pass on to your children".
891
00:55:56,240 --> 00:55:59,080
Not only had we won,
there were 30 issues
892
00:55:59,080 --> 00:56:03,440
and we'd won every one of
the 30 issues, one by one by one.
893
00:56:04,560 --> 00:56:07,200
And the elation was palpable.
894
00:56:09,200 --> 00:56:13,000
I think the judgment
was 90-odd pages or 100-odd pages,
895
00:56:13,000 --> 00:56:16,480
but all you keep doing
is reading the last page.
896
00:56:18,360 --> 00:56:20,760
They had shown the council
897
00:56:20,760 --> 00:56:23,640
that they had been right
all the way through,
898
00:56:23,640 --> 00:56:26,920
that someone had done something
awful to them,
899
00:56:26,920 --> 00:56:30,240
and they had done right
by their children.
900
00:56:33,200 --> 00:56:35,200
Although disputing the outcome,
901
00:56:35,200 --> 00:56:39,080
Corby Council agreed to pay
compensation to all 18 children.
902
00:56:40,080 --> 00:56:43,960
They were hit with a legal
bill of almost ยฃ15 million.
903
00:56:43,960 --> 00:56:46,200
It was the first case in the world
904
00:56:46,200 --> 00:56:49,760
to rule that air pollution
could harm babies in the womb.
905
00:56:51,760 --> 00:56:54,240
The case of the children in Corby
906
00:56:54,240 --> 00:56:57,960
will be a benchmark
for future issues.
907
00:56:57,960 --> 00:57:00,400
I take pride in that, that...
908
00:57:00,400 --> 00:57:02,640
SHE SOBS
909
00:57:04,080 --> 00:57:05,680
..it will help people.
910
00:57:08,320 --> 00:57:09,440
Sorry.
911
00:57:11,600 --> 00:57:13,720
Do I think that this will be
the last time
912
00:57:13,720 --> 00:57:15,440
we ever see a case like this?
913
00:57:15,440 --> 00:57:16,840
Probably not.
914
00:57:18,720 --> 00:57:21,640
I think we're too nonchalant
about the way we do things.
915
00:57:21,640 --> 00:57:23,760
It shouldn't have to really
come to that.
916
00:57:23,760 --> 00:57:25,680
I think we need to be more careful.
917
00:57:36,400 --> 00:57:39,480
Relating to the case,
it does make you think,
918
00:57:39,480 --> 00:57:42,640
is there more to this
in terms of long-term impacts?
919
00:57:42,640 --> 00:57:44,880
Can it lead to things like cancer?
920
00:57:44,880 --> 00:57:48,880
In terms of future for me,
it's quite a worry sometimes.
921
00:57:53,040 --> 00:57:55,040
Connor got his money at 18
922
00:57:55,040 --> 00:57:59,720
and he got involved in a lot of
drugs to make his life easier,
923
00:57:59,720 --> 00:58:01,160
but it was all wrong.
924
00:58:01,160 --> 00:58:04,000
He ended up doing
three and a half years in prison.
925
00:58:05,560 --> 00:58:09,680
He's two years out now, so he's
doing well for himself now.
926
00:58:16,800 --> 00:58:19,640
My confidence came as I got older,
927
00:58:19,640 --> 00:58:22,280
and more so when I had Eva Marie.
928
00:58:22,280 --> 00:58:24,280
She is a really good mum.
929
00:58:24,280 --> 00:58:26,120
She's done a good job.
930
00:58:26,120 --> 00:58:29,320
She's a little bit overprotective,
but, yeah...
931
00:58:30,720 --> 00:58:32,360
..aren't all mums?
80320
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