THE strength of the evidence against the Freshwater Five has been 'continually demonstrated' and a line should now be drawn under the case, the National Crime Agency has said.

Two of the five men involved in the smuggling of £53 million worth of cocaine into the country lost their case at the Court of Appeal yesterday.

Jonathan Beere, 51, and Daniel Payne, 46, were jailed in 2011 for 24 and 18 years respectively for conspiracy to import £53 million of cocaine into the UK via Freshwater Bay.

Payne and three co-defendants – Jamie Green, Scott Birtwistle and Zoran Dresic – were said to have collected the drugs from the English Channel in a fishing boat, the Galwad-Y-Mor, in May 2010.

The men have always denied the offence but were found guilty ten years ago.

Isle of Wight County Press: Scott Birtwistle (second right) who was sentenced to 14 years' detention and Daniel Payne (centre), who was jailed for 18yrs, two members of the Freshwater Five, for trying to smuggle 250kg of cocaine into the UK, outside the Royal Courts of Justice.Scott Birtwistle (second right) who was sentenced to 14 years' detention and Daniel Payne (centre), who was jailed for 18yrs, two members of the Freshwater Five, for trying to smuggle 250kg of cocaine into the UK, outside the Royal Courts of Justice.

Nikki Holland, director of investigations at the National Crime Agency, said yesterday: “This investigation has been a long-running matter for all involved.

“Cocaine to the value of £53 million was seized, which no doubt was headed for UK streets.

“Taking this amount of cocaine out of the chain would have made a significant dent in the profits of the organised criminal network behind the venture, and damaged their international reputation with other crime groups.

“The officers involved in this investigation, with the support of the Crown Prosecution Service, have continually demonstrated the veracity of the evidence over the last ten years.

“Like all UK law enforcement agencies, the NCA is bound by the Criminal Procedures and Investigations Act 1996 with regards to the disclosure of evidence and in particular, how material is recorded, retained and revealed to the prosecutor.”

Ms Holland said the Court of Appeal found that “there was no deliberate attempt to suppress” data in relation to the ships’ movements, and that “the data itself supports – rather than undermines – the prosecution case”.

She added: “All appeal processes have been explored and we hope a line can now be drawn under this case.”

The Court of Appeal heard Beere and Payne's claim that new radar evidence showed the Galwad never crossed behind the Oriane, meaning it was “simply impossible” for them to have collected the drugs.

But the prosecution said all the data supported their case.

In the court’s ruling, Sir Julian Flaux – sitting with Mr Justice Andrew Baker and Mr Justice Calver – said: “Standing back and looking at all the evidence available at trial as well as the evidence now available, whilst the evidence is circumstantial, this was, as the (Criminal Cases Review Commission) concluded, a ‘compelling prosecution case of conspiracy to import cocaine’.

“The grounds of appeal do not begin individually or collectively to cast doubt on the safety of these applicants’ convictions.

“The applications for leave to appeal conviction are accordingly refused, as are the applications for an extension of time and to adduce fresh evidence.”

A statement issued on behalf of the families of the Freshwater Five said: “This is a bitter and dark day for the men and their families. Yet again our faith in the criminal justice system has been shattered."

They added: “This pitiful judgment is just yet another example of the system protecting itself from embarrassment and criticism."

They vowed to keep fighting to clear the men's names.

Read more: Who are the Freshwater Five?