CRIMINAL SKILLS

UNIT 9
ADVOCACY (3) – R V DAVID JULES

IN THE CROWN COURT AT SNARESBROOK

T2023/3856

REGINA

DAVID JULES

--------------------------------------------
BRIEF FOR THE PROSECUTION
--------------------------------------------

COUNSEL: A. Student

CPS Walthamstow
DX 1234 WALTHAMSTOW

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IN THE CROWN COURT AT SNARESBROOK T2023/3856
REGINA

DAVID JULES

__________________________________________________
BRIEF TO COUNSEL FOR THE PROSECUTION
__________________________________________________

Counsel is instructed to appear on behalf of the prosecution in this matter. The

defendant, David Jules, faces an indictment alleging one count of assault
occasioning actual bodily harm. It is alleged that on 7 th June 2023 he assaulted
Wayne Ojutiku causing him actual bodily harm, contrary to s. 47 of the Offences
Against the Person Act 1861. Mr Jules has entered a not guilty plea to the indictment
and is currently remanded on unconditional bail. Counsel will note from the interview
and the defence statement1 that it would appear that Mr Jules will be maintaining that
he acted in self-defence.

The victim, Mr Ojutiku, is a black male, aged 25 years, approximately 6’2’’ tall, and of
muscular build. The CPS Reviewing Lawyer is satisfied that there does not appear to
be any racial motivation for this attack. Those instructing are also able to confirm that
neither Mr Jules nor Mr Ojutiku have any previous convictions. Further, the other man
arrested in relation to this incident, Robert Harman, admitted his involvement in
interview. He was subsequently cautioned by the police (at Walthamstow Police
Station) for Using Threatening Words and Behaviour (s. 4 Public Order Act 1986). He
faces no further charges.

The matter is currently warned for trial. Counsel is so instructed.

Not reproduced in these papers.

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 Indictment No. T2023/3856

INDICTMENT

IN THE CROWN COURT AT SNARESBROOK

THE QUEEN

DAVID JULES

DAVID JULES is charged as follows: -

STATEMENT OF OFFENCE

Assault occasioning actual bodily harm, contrary to section 47 of the Offences

against the Person Act 1861.

PARTICULARS OF OFFENCE

DAVID JULES on the 7th June 2023 assaulted Wayne Ojutiku thereby causing him
actual bodily harm.

Date 7th September 2023 Crown Court officer

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 Form MG 11
WITNESS STATEMENT
(Criminal Procedure Rules, r.16.2; Criminal Justice Act 1967, s.9)

01 NE 78945 23
Statement of ..Wayne Ojutiku. URN

Age if under 18 .. .. over18 (if over 18 insert ‘over 18’) Occupation ....
Doorman
This statement (consisting of 3 pages each signed by me ) is true to the best of my
knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall
be liable to prosecution if I have wilfully stated in it anything which I know to be false
or do not believe to be true.

Dated 10th June 2023

Signature
Tick if witness evidence is visually recorded (supply witness details on rear)

I am employed as a doorman / security officer by Nighthawk Security Ltd, East

Ham.
I work at various pubs and clubs at locations around the East End of London.

On the night of 6th / 7th June 2023, I was working at Jingles Nightclub in Walthamstow
High Street. This is one of my regular venues and on the night in question I was
acting as Senior Admissions Supervisor. Jingles Nightclub is known in the locality for
playing mainly R & B music. It also has a well-known strict door policy of not
permitting admission to anyone who is, or is suspected to be, drunk or under the
influence of drugs. Customers are encouraged to dress smartly, and the wearing of
trainers, baseball caps or other headgear is forbidden. Customers may also be
searched on admission for items which could potentially be used as weapons. Such
items are permanently confiscated. A notice to this effect is clearly displayed on the
door and on our website and we maintain absolute discretion in determining who may
be admitted to the club.

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Signature …………. Signature witnessed by… …..

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The club is situated on the first floor of the premises, but the entrance is via a
doorway at street level. On the evening in question, I was working on the front door
screening customers prior to admission. Usually on the front door, we would work in
pairs, but on this particular evening my rostered assistant, Tyrone James, had left
early because of illness. As a result, I worked alone for the remainder of the evening.

At about 12.30am on the 7th June 2023 two men came to the door. The first, who I
will describe as Man 1, was tall, about 6’4” (I am 6’2’’ and he was taller than me),
black, quite slim and dressed in a grey suit and a pink shirt. I would say he was about
30 years old. The second, who I will describe as Man 2, was younger, about 18/19
years old. He was shorter than Man 1, about 5’10’’, white and quite stockily built. He
was wearing a white shirt unbuttoned to just above his waist, tucked into black jeans.
On his feet he had a pair of trainers.

I would say that the queue on that evening was probably about 25 metres long and
about 2 or 3 people deep, I would estimate that it would take about half an hour to
get from the end of the queue to the front of the queue when it was at its longest.
The men were quite loud whilst they were waiting in the queue. They were
attempting to talk to a couple of women ahead of them in the queue although the
women generally seemed to be trying to ignore them. This did not stop the men
trying to get their attention by shouting comments at them and offering to dance with
them once they got inside. I would say the men were about 10 metres back when I
noticed this. From their behaviour and general demeanour I formed the opinion that
the two men had been drinking.

When they reached the head of the queue, I said to Man 2, “Sorry mate, you can’t
come in wearing those trainers.” Instead of stopping, he tried to push past me
shouting “The fuck I can’t, it’s my mate’s stag do.” I put my arm out to prevent his
entry to the club. Man 1 said “Hold on, bruv, what’s your problem? He’s with me.” I
said “I haven’t got a problem, but he’s not coming in wearing those shoes.” Whilst I
was talking to

Signature …………. Signature witnessed by… …..

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Man 1, I was aware that Man 2 was attempting to push past me again, into the lobby
at the bottom of the stairs. Whilst he did so something fell from his jeans pocket. I
looked down and saw that it was a half-empty small (35cl) bottle of Smirnoff vodka.
This time I grabbed hold of Man 2 and pushed him back on to the pavement. At that
moment I was pushed hard in the back, causing me to stumble forward. I realised
this must have been done by Man 1, so I turned round and grabbed hold of one of
his arms. I was about to tell him to leave when he punched me straight in the mouth
with a clenched fist. This caused me to let go of Man 1 and to stumble backwards.

I did not see the blow coming and I do not know which hand he used. The blow was
hard and caused my lower lip to split and bleed. I then grabbed hold of Man 1 again
and was in the process of evicting him from the premises when I felt my arms being
held from behind. I let go of Man 1 and he moved out of my line of sight. Just after
that I was aware that someone was “kneeing” me in the back of my legs. I could not
see who was doing this although this person was shouting: “Leave it out you wanker!
Go on, Rob!” The voice was definitely male.

By this time other people in the queue were starting to get irate and began shouting
at the men to leave so they could get into the club. All of a sudden I heard someone
shout “Police!” and the men let go of me and ran off. I then noticed that I had blood
from my lip on my suit. Two uniformed officers approached me and asked me for
descriptions. They also took my details and said they would be in touch. Later that
day I attended Whipps Cross Hospital where I received 3 stitches to my lower lip.

I am willing to support whatever action the police take in this matter and to attend
court to give evidence if required.

Signature……….………………… Signature witnessed by… …..

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 Form MG 11
WITNESS STATEMENT
(Criminal Procedure Rules, r.16.2; Criminal Justice Act 1967, s.9)
01 NE 78945 23
Statement of ......Ross Norman URN
Age if under 18 .. .. over18 (if over 18 insert ‘over 18’) Occupation PC
407
This statement (consisting of 2 pages each signed by me ) is true to the best of my
knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall
be liable to prosecution if I have wilfully stated in it anything which I know to be false
or do not believe to be true.

Dated 8th June 2023

Signature

Tick if witness evidence is visually recorded (supply witness details on rear)

I am Ross Norman PC 407 attached to Walthamstow Police Station 2. At 00.42 on 7th

June 2023, I was called, together with PC 444 Canada, to attend Jingles night club
as a result of a disturbance. On arrival at Jingles I saw a man who was bleeding from
his lip who I now know to be Wayne Ojutiku.

I activated my body worn video equipment and approached Mr Ojutiku. As a result of

speaking to him I approached 2 men who were standing on the other side of the
road. My colleague dealt with Robert Harman and I spoke to David Jules. I cautioned
him and said, “I am arresting you for assault occasioning actual bodily harm. The
grounds for this arrest are that I have reasonable grounds to believe you assaulted
Wayne Ojutiku and I believe the arrest is necessary in order to prevent you from
causing physical injury to yourself or to someone else”.

2
NB The officer wrote this witness statement at Walthamstow Police Station between 17.05 and
17.33 hours on 7th June 2022 and wrote his witness statement on his own.
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Signature ……………………………….. Signature witnessed by………………………

He responded by saying “fuck off I didn’t do anything wrong!” He tried to walk away. I
followed him and instructed him that he was under arrest and not at liberty to leave
the scene. Mr Jules then shoved me in the chest and tried to run away. I took hold of
Mr Jules and called for assistance from my colleague. PC Canada and I were able to
prevent Mr Jules from leaving the scene and he was handcuffed in the rear stack
position.

PC 2481 Austin and PC 9785 Dawson arrived in a marked police van about three
minutes later. Mr Jules was placed in the back of the van and he was escorted to
Walthamstow Police Station. My body worn video camera was recording up until the
point at which Mr Jules was placed in the van. I now produce the footage from my
camera as my exhibit RN/13.

I then searched the area surrounding the entrance to the nightclub. I found a small
(35cl) half-empty bottle of Smirnoff vodka. I produce this as exhibit RN/2. The
vodka bottle, exhibit RN/2, was bagged and placed in the property store at
Walthamstow Police Station.

At 14.40 on the 7th June 2023 I interviewed David Jules. The interview terminated
at 15.16. This interview was recorded using reference number T/BNN/23/6375.
The recording for this interview I now produce for court as exhibit RN/3 and its
subsequent written summary as RN/4.

I was present at the custody desk at Walthamstow Police Station at 16.31 hours
on the 7th June 2023 when Mr Jules was cautioned and charged with ABH.
Mr Jules made no reply.

Signature ……………………………….. Signature witnessed by………………………

3
Please assume that the footage concerning Mr Jules’s arrest is unclear. It is obscured for much of
the time and the sound quality is poor. It cannot be used to either corroborate or dismiss the officer’s
account of events.
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RN/1

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METROPOLITAN POLICE SERVICE
Charge Record
Charged
Police station:
WALTHAMSTOW
NOTICE TO
PERSON
You are charged with the
offence(s) shown on the
reverse of this form.
You do not have to say
anything. But it may harm
your defence if you do not
mention now something
which you later rely on in
court. Anything you do say
may be given in
evidence.
You are required to attend
Court on the date, and at the
time and place shown
overleaf.
If you fail without reasonable
cause to surrender to the
Court you commit an offence
for which you may be fined,
imprisoned or both.
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FORM 57C
ORIGINAL
Copy for Person
Code: Other refs: Custody No:
W’STOW 11538
PERSONAL DETAILS
CHARGED Surname: ______JULES
Forename(s): ___DAVID
Former surname:_________________________________
Address: ___10 FOREST ROAD
___________WALTHAMSTOW______________________
__________E17________________________________
______________________________________
Occupation: __ACCOUNTANT______________________
Age: ___31 Date of Birth : _12/4/1990
Height: 6’ 3” Sex : __MALE
Ethnicity 1: BLACK
Ethnicity 2: _______
Place of birth : LONDON
9 Officer in the case: __PC NORMAN
Rank: _PC No: _407_ Station or Branch:
WALTHAMSTOW
LEGAL AID
If you wish to have legal advice, but cannot afford a
Solicitor, you may apply personally or in writing to the
Court where you are due to appear, at any time from
now. If you intend to apply, do so as soon as possible
or disposal of your case may be delayed.
PRODUCTION OF DRIVING LICENCE
If the offence with which you have been charged is one
for which your driving licence may be endorsed (and
the Inspector or Sergeant at the station will advise you)
you are required to have your driving licence at Court
when you appear. If you are convicted you may be
required to produce the licence. Failure to produce it is
an offence and the licence is automatically suspended
until it is produced. (Section 27(3), Road Traffic
Offenders Act, 1988)
12
YOU ARE REQUIRED TO ATTEND COURT ON THE DATE AND AT THE TIME AND PLACE SHOWN BELOW AT (1)
Name: _____DAVID JULES____________________________________________________
PTI Ref No:
Date of Birth: ___12 APRIL 1990 12CD17852

1. Court: __WALTHAM FOREST MAGISTRATES’ COURT, (*Youth) (*Magistrates’) Court situated at

(Full address) _THE COURT HOUSE, 1 FARNAN AVENUE, WALTHAMSTOW, LONDON E17 4NX
at (time) 10:00 on 29/06/2023

2. *Bail after Charge The above named has been granted bail in accordance with the Bail Act 1976:-
*(i) UNCONDITIONALLY under s.38 PACE (Form MG 4A must be used for conditional bail under s.38 PACE)
*(ii) Pursuant to a warrant issued on (date) / / by the above court (*with surety)(*&/or security) (*as shown below)
and is under a duty to surrender to the custody of the court shown at Section 1

(a) *Surety (b) *Security: The sum of £ (Cash only)

I acknowledge my obligation to pay the Court the sum specified by my signature if the has been accepted from:
above named person fails to surrender to custody as shown above. Name: ___________________________________
Signed: _________________________________________ £ ______________________ Address: _________________________________
Name: __________________________________________________________________ _________________________________________
(block capitals)
for the surrender to custody as shown above of the
Address: ________________________________________________________________
above named person
Signed: __________________________________
Inspector
Acknowledgement: I have been told that if I fail to surrender to custody as above, I may be liable for a fine or imprisonment, or both
Signed: (person bailed) ____________DS JULES__________________________ Date: _07_/_06_/_2023__ Time: ___1635_______*a.m/p.m
Appropriate Adult (Name and Address) ________________________________________________________________________________
Signed: ___________________________________________________ Date: ____/_____/_______ Time : _________________*a.m./p.m.

Custody Officer granting bail: I have granted bail as above and given a copy of this record to the person bailed (*and to the surety)
Signed: (person bailed) ______________________________________ Date: __07__/__06_/2023__ Time: ___1635_________*a.m/p.m
Name: _______ __________________________________ Rank: ________________ No: _______________
Bail in Own Recognisance. I acknowledge my obligation to pay the sum specified opposite my signature if I fail to appear before
The court sitting at the place and time specified at Section 1 above unless the outstanding amount be sooner paid to the Court
Signed:________________________________£__________________
Recognisance taken by me at (time) _____________*a.m./p.m. on _______ DAY ______/______/______
Signed:___________________________________________________
Name: _________STEVE DALEY__________________________ Rank: __________PS________________ No: _______2501_______

Record of Charge(s)/ Circumstances:

____ASSAULT OCCASIONING ACTUAL BODILY HARM_________________________________________________
ON 7TH JUNE 2023 AT JINGLES NIGHTCLUB, HIGH STREET, WALTHAMSTOW, YOU ASSAULTED _WAYNE____
OJUTIKU CAUSING HIM ACTUAL BODILY HARM CONTRARY TO S.47 OF THE OFFENCES AGAINST THE______
PERSON ACT 1861______________________________________________________________________________
Reply: __________No reply___________________ Time: _16:31___________ Date: __07/06/23_________

Officer taking charge Signature: S Davey 2501 W’STOW (approved by CPS over the phone)

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Form MG15(T)
Metropolitan Police - Record of Recorded Interview

Person Interviewed …David Jules… RN/3

Police Exhibit No.....
Place of Interview .......Walthamstow Police Station..... Number of Pages...... 3
Signature of interviewing
th
Date of Interview ..........7 June 2023.................. Officer producing exhibit
G. Andrew..............
Time Commenced ......14.40........................Time concluded...15.16...............................
Duration of Interview .......36 minutes..............
Ref Nos ...T/BNN/23/6375.......
Interviewing Officer(s) ...PC 407 Norman PC 227 Canada...........................................
Other persons present ........None………………………......................................................

Counter Person Text

time Speakin
g
PC 407 Recording on. Introduction and caution. Reference to legal
advice. JULES confirms he understands the advice and caution.
States he does not want a solicitor present as he has nothing to
hide.

Explains they are investigating a complaint by Wayne OJUTIKU

that he was assaulted by JULES at approximately 12.30am that
morning outside Jingles Nightclub. As a result of the assault
OJUTIKU required hospital treatment for a split lip. JULES
requested to give his version of events.
JULES
JULES explains that he was queuing to get into the night club with
his friend Robert Harman.
PC 407
What had you been drinking that night?
JULES
I had about 7 pints of lager throughout the course of the evening.
PC 407
Is that a usual amount for you to drink when you’re out?

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 JULES
Well, if I’m celebrating then it’s not unusual I suppose.
JULES denies that he was drunk although admits that his friend
was the worse for wear. JULES indicates that when they reached
the front of the queue his mate was refused admission to the
club.

This huge bouncer told Rob he could “Fuck off” and that he
couldn’t come in the club. I can’t remember his exact words but
PC 407 he seemed to be looking for an excuse to turn Rob away.

JULES Why would he want to do that?

Cos Jingles is a black music club and Rob’s white and this
bouncer seemed to be looking for any excuse to ban him.

JULES describes the bouncer as black, slightly shorter than

himself (JULES states he is 6’3’’), aged about 24/25 years, and
well built.

I don’t know what started it but suddenly we were all pushing and
shoving. Rob and I were just trying to pass this great hulking
bouncer to get in and he was trying to stop us. Suddenly he
started really laying into Rob and I couldn’t ignore it. Then he
grabbed me and I felt like I was being strangled. He lifted me off
the ground by my shirt and I hit out at him to get him to let go.
When he did he grabbed Rob again and so I tried to get him off
Rob. It was mad. Everything was happening really fast. I didn’t
have time to think. Someone then yelled “Police!” and me and
Rob just legged it across the road. Then you came over to where
PC 407 we were and arrested us. That’s it really.

JULES Why did you leg it if what you’re saying is true?

I thought he’d go for us again. I just wanted to get away from

him. He was going mad.

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 PC 407 You and your mate were drunk and when Mr OJUTIKU would not
let you into the club you attacked him completely unprovoked
didn’t you?

JULES That’s total bollocks! Have you seen the guy? I would be crazy to
do that.

PC 407 Or drunk - and that’s the truth of it isn’t it?

JULES JULES denies being drunk and denies assaulting the victim.

PC 407 You also responded aggressively to me when I tried to arrest you

didn’t you?

JULES No way! You just grabbed hold of me and slapped the cuffs on.

Repeats that he was acting in self defence and to protect his

friend. JULES accepts that he did not walk away from the
aggression when his friend was refused entry but states it all
happened so quickly.

PC 407 PC 407 summarises what the suspect has said in answer to

interview questions and asks if the suspect has anything further to
add. JULES confirms summary is correct and indicates he has
nothing further to add.

Interview concluded 15.16 hours and recording turned off.

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