close
close

Body of man who died in Florida prison to be returned to Britain

BBC Kris Maharaj in a blue prison uniform with a white T-shirt underneath. He looks into the camera. A large circular logo of the Florida Department of Corrections is painted on the wall behind him.BBC

Kris Maharaj died at the age of 85 after spending 38 years in a Florida prison

The body of a British businessman who spent 38 years in a Florida prison for a double murder he always denied is being flown back to the United Kingdom.

Kris Maharaj was declared innocent by a judge in 2019 but was never released and died in prison earlier this month at the age of 85.

His lawyer, Clive Stafford Smith, continues to support Mr Maharaj's wife, Marita, who now lives in his hometown of Bridport in Dorset.

Mr Maharaj's funeral is scheduled to take place in West Bay on Tuesday.

The self-made millionaire was convicted of murdering his former business partner Derrick Moo Young and his son in a Miami hotel in October 1986.

He spent 15 years on death row before his sentence was commuted to life imprisonment.

Stafford Smith, who took over the case in 1993, said alibi witnesses, including Maharaj's wife, were never called as witnesses in the original trial.

He said members of the Colombian Medellín Cartel, founded by notorious drug lord Pablo Escobar, had also confessed to the murders.

According to Reprieve, the human rights group founded by Stafford Smith, federal judge Alicia M. Otazo-Reyes made a legal finding in 2019 that Mr. Maharaj had proven his innocence by “clear and convincing evidence” and “no reasonable juror could convict him.”

However, the judge also ruled that this was not enough to release Mr Maharaj – and that he must continue his legal battle for his release.

Two photos of Kris and Marita Maharaj. One was taken before he was incarcerated. The other was taken while he was in prison. He is sitting in a wheelchair and wearing prison uniform. In both photos they are looking at each other and smiling.

Mr. Maharaj's wife, Marita, stayed in Florida to be close to her husband

Stafford Smith said: “I was in Medellín a few times and six members of the cartel said, 'We are the ones who did this.'”

“Little by little, we exposed all the people involved in the case as drug addicts, except Kris.

“Even the first judge was taken away in handcuffs for trying to accept a bribe from an official posing as a cartel official. [member].

“I have handled about 400 cases over the years in which the death penalty was imposed, and this case is the most unjust.

“He was in a cell with 80 other men – it was basically a retirement home for octogenarians, the really horrible kind.

“He had a 3-foot (91 cm) wide bed and another 3 feet in front of the next bed.

“He could no longer read, he was blind. The only joy he had left in life was to talk to Marita on the phone for five minutes every day. It was so, so sad.”

Mrs Maharaj came to Bridport in March to be near her husband after spending decades in the United States.

She said that during this entire time she always set a place for him at the dinner table.

“Maybe it was stupid of me, but I always hoped he would come through the door,” she said.

“I never thought Kris would die. I always thought we would be together, at least for a little while, before we both died.

“I didn't know he was very ill. When Clive told me he had died, I went completely mad because it was a shock.”

Reuters Clive Stafford Smith looks into the camera. He wears small glasses with metal frames, has short grey hair and a short beardReuters

Lawyer Clive Stafford Smith said it was the most unfair case he had ever seen

Mr Maharaj died on August 5. His body will be flown to Heathrow at 07:30 BST on Wednesday and then transported to Bridport.

He was an avid cricket fan, so there will be a cricket match at Broadwindsor on Monday from 1pm, followed by a barbecue and fireworks.

A memorial march will be held from West Bay Pier at 10am on Tuesday, with participants walking 13,808 steps to commemorate the number of days Mr Maharaj spent in prison.

The funeral service will then take place at 3:30 p.m. in Bridport Catholic Church.

In conversation with Steve Harris on BBC Radio SolentMr Stafford Smith said: “We must give him a nice farewell for Marita’s sake.

“The more people join in, the better. Marita deserves this support for her incredible loyalty.”

“Marita’s greatest wish is to clear his name.

“In my opinion, we did that ten years ago, but now we can't do that in court – we can only do that in the court of public opinion.”