The Crown Prosecution Service
Sensationalised Opening Statement : Misleading
The CPS QC script for his opening speech could just as easily graced the stage at Shakespeare's Globe Theatre, supporting the line of thought that a Courtroom is just another stage to perform.
His dramatic opening speech included inaccurate content, referring to Mahab Kerow by his false name of Mahad Cassim; stating in reference to the Shahzad charges "JB reported to the Police she had been subjected to two separate sexual assaults", when she only reported one, the Police added the second charge concerning the "crotch grabbing".
Inaccuracies and sensationalism continued with a statement including reference to "raped by nine men", which has never been claimed by Jemma. The following statement "The Hounslow Medical Centre lies approximately 300 yards to the east of the public house, just past the junction with Ede Close"; it is in fact located in Ede Close and the route taken by Jemma, as seen on CCTV, is according to Google closer to 100 yards (c.300 feet) away from the public house. An important factor considering the missing time gap between CCTV footage and the prosecution question as to why Jemma walked 300 yards to make a phone call.
Continuing further with reference again to the Shahzad charges, stating "Mr Allbrighton overheard JB accuse the Asian man of pulling her hair extension. The man was standing with his back to the wall, and she was up close, facing him. She was shouting at him, 'You can’t do things like that'”. As per Jemma's and witness statements, Jemma shouting "you can't do things like that" was in reference to Shahzad pulling Jemma's head down towards his crotch, when Shahzad, Jemma and the witness were all in the gents toilet, due to the ladies toilets being closed.
Assumptions include "the prosecution accepts that consensual sexual activity, including a brief act of vaginal intercourse took place between JB and Luke Williams", when it was not consensual. In reference to the Shahzad charge, when leaving the public house, he states "she was apparently in something of a huff", feeding the assumption that Jemma was always angry when incidents occur, but with no evidence to support this statement.
Again, supporting the Shahzad charges, reference to Jemma's first statement taken shortly after the incident when she is still in shock and pain at hospital, in relation to the route she took, the road she faced and the car park she was in. It was assumed this all related to the Hounslow Medical Centre, its car park and the Bath Road. In the following interview, Jemma corrected all of these assumptions, including the drawing of a map to explain it more clearly, that she was heading towards the Wellington Road (opposite direction to Bath Road), all later confirmed by CCTV. Local residents gave evidence in court and confirmed that the parking bays painted in Ede Close, next to the Wellington Road end, is in fact their residents car park; the car park Jemma was referring to in her statement.
The inaccuracies and assumptions, along with the rape myths referred to below, where reported across media.
Source:
Prosecution Opening Statement : 1 June 2017
Prosecution Note Of Opening : 3 February 2017
Inherently Improbable? : Disturbingly No
The CPS QC opening speech included the widely reported phrase:
"The prosecution asks rhetorically, is this not inherently improbable?"
One of the largest, if not the largest, survey of rape victims by Mumsnet, reveals that 23% of rape victims have been subject to four or more sexual assaults / rapes.
With reference to a question, the dictionary describes the use of the word "rhetorically" as:
"with the aim of producing an effect or making a statement
rather than eliciting information".
Source:
Prosecution Opening Statement : 1 June 2017
Prosecution Note Of Opening : 3 February 2017
Rape Myths : Not Supposed To Be Used In Court
The CPS 'Prosecution Policy and Guidance: Rape & Sexual Offences: Chapter 21 Societal Myths' states the following:
"A "Myth" a commonly held belief, idea or explanation that is not true. Myths arise from people's need to make sense of acts that are senseless, violent or disturbing. They attempt to explain events, like rape and abuse, in ways that fit with our preconceived ideas about the world - they arise from and reinforce our prejudices and stereotypes."
"It is an unfortunate fact that myths about rape and sexual violence are brought into the jury room, and form an obstacle to obtaining convictions. It is therefore imperative that we recognise these myths and challenge them at every opportunity."
"In 2010 the Judicial Studies Board published the Crown Court Bench Book setting out specimen directions for use by judges in the Crown Court."
"Chapter 17 The Trial of Sexual Offences - is particularly useful for prosecutors, addressing myths, stereotypes and generalisations that may influence jury members in their deliberations. Trial advocates should be reminded to suggest appropriate directions from the Bench Book to the trial judge for inclusion in his/ her summing up to the jury."
In layman's terms, it is recognised that myths are "prejudices and stereotypes" that impact jury decisions; which all "trial advocates" including the Judge, should refrain from using.
In the trial against Jemma, the following myths were used by the CPS, without challenge by the defence or the Judge:
- the assumption Jemma could fight her attacker off;
- that she would scream and shout for help;
- that she would shower straightaway,
- that she would have a clear recollection of what happened;
- that she would have more internal and external wounds;
- that her sexuality was a major factor
Source:
Prosecution Opening Statement : 1 June 2017
Trial Transcript : R v Beale : June 2017