Noam Shahzad
Pervert Course Of Justice When No Complaint Made?
Two of the charges against Jemma relate to Shahzad, because he was originally charged with two sexual assault offences; (a) the crotch grabbing incident within the public house and (b) the sexual assault near the medical centre.
No complaint of assault, physical or sexual, was made by Jemma to the Police in relation to crotch grabbing incident within the public house; it was no more than an explanation to a fight.
How can it pervert the course of justice when no complaint was ever made in the first place?
The Police originally created this additional charge to add further charges against Shahzad.
Source:
Police : Jemma Beale Interview Statements
Police : DC Field Statement : 3 December 2013
DNA Identifies Shahzad
Shahzad was arrested 14 months from arriving in the UK, as his DNA registered on the Police National DNA Database, matched the DNA found on a baseball cap worn by Shahzad inside the public house, which fell of during the fight he had with Jemma.
Source:
Police : CSE Jones : 18 October 2012
Police : ROTI Noam Shahzad : U Item 95 : Statement Not Dated
Hiding In Toilet At Home When Arrested
When uniformed Police officers arrived at Shahzad's home, a female answered the door and stated that Shahzad "was not at home, maybe at work".
The house was searched and Shahzad was found hiding in the toilet.
Source:
Police : PC O'Brien : Statement : 17 August 2012
No Comment On Most Interview Questions
It is not a criminal offence to respond "no comment" during a Police interview, but it is the ideal time to defend yourself and protest your innocence.
There is no denying Shahzad was in the public house, CCTV, DNA from hat, card payments for drinks all confirm this.
Source:
Police : ROTI Noam Shahzad : U Item 95 : Statement Not Dated
Who Is Owaz Hurrah?
It is not known why the Police twice asked Shahzad in interview, "do you know Owas Hurrah", as they have never answered the question.
This is an important question when you consider that:
(a) Jemma stated the four men said they were part of a gang; "chanting" as described by a Police officer, the gang name, at the end of assault.
(b) three local residents reporting they heard a female crying and one heard men shouting "like they were watching football and cheering" at the time of the assault.
Source:
Police : ROTI Noam Shahzad : U Item 95 : Statement Not Dated
Police : Resident Statement : IO 111 : 7 July 2012
Police : Resident Statement : IO 112 : 7 July 2012
Police : Resident Statement : IO 113 : 8 July 2012
Police : Jemma Beale Interview Statements
Two Different DNA On Wire Basket
Jemma described the feeling of the injuries to her stomach akin to "barb wire".
Two metal flower baskets were found and based on Jemma's description, the CPS believe they were used to cause the injuries to her stomach.
The prosecution claim DNA proves Jemma used the wire baskets on herself.
The defence refute this claim, as the baskets were subject to two sets of different DNA tests by Police forensic experts. Both tests came back with the same response. One basket did not have any of Jemma's DNA on it. The second basket had a very small amount of DNA. This contained the DNA from two different people, one from Jemma and one unknown.
The defence is supported further as Jemma had urinated near the location of the baskets, but the amount of DNA found was too small to define if it was from urine. Yet if the wounds inflicted on Jemma were from these wire baskets, there would be a larger amount of DNA found, in more than one area of the basket.
Source:
Police : Expert Forensic Witness Statement : 14 April 2015
Police : Expert Forensic Witness Statement : 12 January 2015
Police Interview Conduct : The Baseball Cap
Great emphasis was placed on the fact that Shahzad could not have assaulted Jemma in the alleyway, as he could not of been wearing the same baseball cap he was wearing in the the pub, as allegedly stated by Jemma, because it had fallen off during the fight within the pub.
The questions started with reference to the baseball cap being last seen by Jemma on Shahzad when he was in the pub; to her answers being interpreted to Shazad wearing the same cap in the alleyway.
In one particular interview, lasting 93 minutes, with no solicitor or responsible adult present, questioning around the baseball cap is interspersed with other questions across 12 pages, where Jemma's key responses and questions are re-interpreted into something else.
Original key answers provided by Jemma included:
(a) "and it didn't look like the red writing that was on the hat in the pub"
(b) "so it, it, it looked different, it looked like a different font"
(c) "the one with the hat on with different writing"
(d) "he walked in front of me and it was the man from the pub with the hat on", Police "it was the same hat you saw?". Jemma "the same person".
The following exchange is where the Police interpreted the conversation from the hat in the pub to the same hat being seen in the alleyway:
Police: "the last time you saw that, that bloke, yeah, in the pub, was he wearing that hat?" Jemma: "yeah he had the hat on the whole time",
Police: "the whole time, okay",
Jemma: "i remember he had the hat on the whole time",
Police: "you remember the hat on?",
Jemma: "yeah",
Police: “so the last time you remember him he had that hat on?”,
Jemma: “yeah”,
Police: “right”,
Jemma: “cos I was saying how he had the same hat as someone else before any of it kicked off, sorry”,
Police: “Okay. And the hat’s the NY in red, in red lining?”,
Jemma “Yeah, but the other person had it in purple writing, something, something stupid, can’t remember”,
Police: “same design, different colours, yeah?”,
Jemma: “yeah”,
Police: “but it’s definitely the same cap?”,
Jemma: “same cap”,
Police: “and it’s the same guy”
Jemma: "yeah"
The original question at the beginning of this exchange was in reference to inside the pub, “the last time you saw that, that bloke, yeah, in, in the pub, was he wearing that hat?”. This has been interpreted by Police to imply that he was wearing the hat at the time of the assault, which is not what Jemma has answered.
Source:
Police : J Beale ABE Interview : 23 April 2013
Residents Hear Women Crying & Men Cheering
Three local residents reported they heard and saw a female crying and one heard men shouting "like they were watching football and cheering" at the time of the assault.
During interview, the Police officer described the type of 'shouting' of the gang name by the attackers as "chanting"; the common description used at football matches.
With DS Lynott describing CCTV footage showing 'people approaching and going"; it is clearly evident there were other people within the incident location before, during and after the assault on Jemma.
Source:
Police : Resident Statement : IO 111 : 7 July 2012
Police : Resident Statement : IO 112 : 7 July 2012
Police : Resident Statement : IO 113 : 8 July 2012
Police : J Beale ABE Interview : 23 April 2013
Police : J Beale ROTI CCTV : 18 November 2014
Father's Phone Conversation With Attackers
From the unanswered calls from Jemma's father to tell her he is on his way and to be ready outside the pub, to the brief call hearing his daughter crying, to the call to the Police when an unknown man answers her phone; to the telephone conversation with the attackers after the attack, no evidence has been shown by the Police to verify the timings of these calls with the telephone provider.
For what seemed like a 15 minutes or so argument with the attackers, who stole Jemma's phone, goading Jemma's father on the phone, in front of the Police who first arrived at the scene and with a female Police officer listening to the call when told it is the attackers, the Police still believe no assault happened.
In Court both Police officers confirmed Jemma's father was on the phone, with the female Police officer stating she could not understand or recall what was being said by the man on the other end of the phone.
Source:
Trial Transcript : R v Beale : June 2017
Police : R Beale Witness Statement : 7 July 2012
Police : PC Reynes Witness Statement : 13 July 2012
Police : PC Lawton Witness Statement : 13 July 2012