The Defence Will State Their Case

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From Sally Ramages paper...

This is what Tabak’s defence counsel said in his address to the court:


The two were facing each other. He put one arm around her back with his hand in the
middle of her back. And she screamed. He put his other hand over her mouth which
caused the noise of the scream to cease.He removed his hand from her mouth and the
screaming continued. He then put his hand around her throat. He believes it was the one
that had been from behind her back and held it there for about 20 seconds. He applied no
more than moderate force on a scale of one to three - light, moderate and severe. He did
not intend death or serious injury. The actions described above killed Miss Yeates. The
defendant accepts his actions were unlawful. He removed the hand from the mouth and the
screaming continued and then he put the hand around the throat. He believes it was the one
from around her back and held it there for about 20 seconds.' In a typed statement signed
by Vincent Tabak in September 2011, Tabak claimed that he didn't intend death or serious
injury.

So how did the prosecution, read out the Defences opening statement before the defence read it out??

Vincent Tabak: How I killed Joanna Yeates
By The Bristol Post  |  Posted: October 18, 2011


VINCENT Tabak strangled Joanna Yeates for "around 20 seconds" but did not mean to kill her, his murder trial has been told.

The first hint of the Dutchman's account of what led to Miss Yeates' death in her flat in Canynge Road, Clifton, came yesterday, when a section of his defence-case statement summarising events to the best of his knowledge was read out.

The sixth day of the trial also saw Miss Yeates' boyfriend Greg Reardon tell of his mounting panic as he came home to find the landscape architect was not at home but had left behind her phone, keys, wallet and glasses.

The defence's version of events was read to the jury by 'Nigel Lickley QC, prosecuting', as he questioned a pathologist about the wounds suffered by Miss Yeates.

The statement said: "The two were facing each other. He put one arm around her back, at the middle of her back. She screamed. He put his other hand over her mouth and noise of the screaming ceased. He removed his hand from her mouth and the screaming continued. He then put his hand around her throat, which had been the hand around her back.

"He held it there for around 20 seconds. He applied no more than moderate force, on a scale of one to three of light, moderate and severe.

"He didn't intend serious injury. The action killed Miss Yeates. He accepts it was unlawful."

Home office pathologist Dr Russell Delaney said that, owing to injuries she sustained to her neck, it was his opinion Miss Yeates' killer used two hands to strangle her, although he could not rule out the use of one hand.

The pathologist told the jury he would have expected Miss Yeates to struggle, but it was not "scientifically possible" to determine the length of time that the fatal sequence of events occurred.

Referring to evidence of there being a scream, pause, scream and then noise he told the court: "I can't determine at what point in that sequence of events that the neck compression was occurring."

Tabak, 33, admits the manslaughter of his 25-year-old neighbour but denies murdering her in December last year.

He held his head in his hands as Miss Yeates' boyfriend, Greg Reardon, told jurors how he went to Sheffield to visit his brother on the night of Friday, December 17.

Mr Reardon, who met Miss Yeates when both worked for Bristol-based Building Design Partnership, said the plan was that while he spent the weekend away his girlfriend was going to relax, do some baking and look after their cat, Bernard.

He was set to arrive back on Sunday, December 19, so that he and Miss Yeates could watch the final of TV show The Apprentice together, he said.

Mr Reardon, dressed in a dark suit and tie, described how he last saw Miss Yeates at work just before 5pm on the Friday.

He told the court: "We met in the lobby to say goodbye. We had a kiss and a cuddle."

Mr Reardon said he grabbed a bite to eat on his walk home and had to get help starting Miss Yeates' Ford Ka car for the trip to Sheffield from his landlord, Chris Jefferies, and a neighbour.

Mr Reardon said he tried phoning both Miss Yeates' mobile phone and landline at 10.35pm, after he arrived in Sheffield.

He then texted her, saying he had to jump start the car but it was OK, and asking her if she had a good night in the pub.

The court heard Mr Reardon tried calling her twice on the Saturday, at lunchtime and in the evening, but got no reply.

He said he returned to Bristol on Sunday, arriving in Clifton just after 8pm. Miss Yeates' boots were in the middle of the hallway and several coats were strewn on the floor. One of the lounge lights and the hall light were on.

He told the jury: "I immediately thought she had been quite lazy or been and gone in a rush and not tidied up."

Mr Reardon said he went around the flat, tidying up, ate an Asda frozen pizza and drank an opened bottle of cider in the kitchen. He said Miss Yeates would sometimes open drinks and leave them.

At 9pm he rang her mobile, only to hear it ringing in the flat.

He said: "I found it in the pocket of her white jacket. I had a certain level of stress. I really didn't know what was going on. I tried to justify it to keep myself calm and thought she had gone out for the evening and forgot her phone.

"I was worried because it was cold and she wasn't wearing her warm jacket. I thought it was quite possible she had gone to a friend's house to watch The Apprentice in different clothes."

Mr Reardon said he continued tidying up when he found Miss Yeates' blue rucksack and, rummaging through it, discovered it contained her spectacles, sunglasses, wallet and keys as well as her stripy top.

"I panicked," he said. "It was a realisation something was wrong. At the very best she had been locked out with all her stuff in the flat. I rang round her friends and my friends in Bristol to try and find out where she was."

The court heard Mr Reardon also became aware the cat was affectionate to him, his cat litter was old and he was hungry.

Rubbish in the bin had not been added to since the Friday.

Mr Reardon also found one of Miss Yeates' earrings, which she normally put on her bedside table, on the floor of the bedroom and another under the duvet.

After calling Miss Yeates' parents at 12.36am on the Monday, he called police nine minutes later and reported Jo missing. The court heard that, in those early hours, he accompanied police to Tabak's flat next door but didn't join in the police's conversation with him.

Detective Constable Karen Thomas said Tabak initially said he had not left his flat that Friday night.

She said she was contacted by Tabak's girlfriend, Tanja Morson, when Tabak's landlord Chris Jefferies was arrested in connection with the murder inquiry. Tabak told her he had seen Mr Jefferies' car facing in different directions that night.

Tabak and Miss Morson had gone to Holland for New Year and DC Thomas went out to see them, interviewing Tabak for six hours in a hotel in Amsterdam.

She described how he was "overly interested" in the forensic examination of Miss Yeates' flat and in particular why police had taken away her front door.

Tabak also said for the first time that he had gone out twice the night Miss Yeates disappeared, in addition to collecting Miss Morson from her party – contradicting what he had told the detective before.

"I immediately thought it was strange," she said.

Tabak consented to a DNA mouth swab, she said.

Rebecca Scott, a PHD student described as Miss Yeates' best friend, told the jury Miss Yeates and Mr Reardon were "the perfect couple".

Miss Scott said she had been conversing with Miss Yeates via social networking website Facebook, and they had arranged to meet on Christmas Eve in Romsey, Hampshire, where both their parents lived.

It was at 8.13pm on December 17, Miss Scott said, when Miss Yeates called her and said how she would like to see her in Swansea.

Miss Scott said the winter snow had left buses and trains cancelled, and she was staying in that night.

She told the court: "We had a laugh and a joke about the previous time we had seen each other.

"She wasn't drunk at all. She was just Jo. She was perfectly normal."

Miss Yeates' body was found in Longwood Lane, Failand, on Christmas Day last year.

The case continues.

And why on earth is The Prosecution reading out The Defences opening speech....


http://www.bristolpost.co.uk/Vincent-Tabak-killed-Joanna-Yeates/story-13588955-detail/story.html

https://web.archive.org/web/20140906044940/http://www.bristolpost.co.uk/Vincent-Tabak-killed-Joanna-Yeates/story-13588955-detail/story.html

http://www.criminal-lawyer.org.uk/39-CLN-JAN-2012.pdf

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THE DEFENCE CASE
Defence Opening Speech
At the start of the defence case the defence representative (or the defendant if he is unrepresented) may address the jury by summarising what the defendant's case is. The right to make an opening speech exists only where the defendant intends to call at least one defence witness in person (other than the defendant himself).

Defence opening speeches are relatively rare and are generally reserved for long and complex cases where it would assist the jury to be given some advance detail of the defence case.

So the above post shows us it was the prosecution that read the defences opening statement.... And according to this article, The Defences opening speech is rare, reserved for complex cases...

The more interesting point I would say is this:

The right to make an opening speech exists only where the defendant intends to call at least one defence witness in person (other than the defendant himself).

We know Dr Vincent Tabak took the stand, we know the defence made an opening speech, or was that really the prosecution??

So who was the defendants witness???

Dr Carey?? Was that it??? Was that whom the defendant chose??

What happened to Tanja Morson?? or CJ?? anyone who knew him??

This rare opening speech for a simple murder appears extraordinary , so many firsts wth this case....


https://www.defence-barrister.co.uk/crown-court-trial-part-2/#The-Defence-Case

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Required elements of the defence case statement
The defence case statement must be in writing, signed by the defendant or the defendant’s solicitor and outline:

the nature of the defence of the accused, including any particular defence upon which they intend to rely;
the matters of fact on which the accused takes issue with the prosecution;
why the accused takes issue with the prosecution;
particulars of the matters of fact on which they intend to rely in their defence;
any point of law (including those as to admissibility of evidence or abuse of process) which the accused wishes to take, and any authority on which they intend to rely on for that purpose.
Bare denials are not sufficient to comply with the above stated obligations. Therefore, a complete denial of the prosecution’s case or the evidence of their witnesses without any reasoning on the defendant’s side is insufficient (R v Bryant (2005)).

In writing.... not typed then???

From Sally Ramage

In a typed statement signed
by Vincent Tabak in September 2011, Tabak claimed that he didn't intend death or serious
injury.

So I am going to suggest that The Defence's opening speech,that The Prosecution read out, was the statement that Dr Vincent Tabak apparently signed... As anything the defence had, should be disclosed to The Prosecution, if I am understanding this correctly....

But the most interesting point is this:

The defence case statement must be in writing, signed by the defendant or the defendant’s solicitor and outline:

So the solicitor has the ability to sign such documents??  That's interesting.... So did Dr Vincent Tabak actually sign his statement of September 2011??



https://www.inbrief.co.uk/court-proceedings/defence-case-statement/

http://www.criminal-lawyer.org.uk/39-CLN-JAN-2012.pdf

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27th December 2010
Post mortem results on body of architect due to be released
By Daily Echo Reporter

An Avon and Somerset police spokesman said: “We are satisfied the body is Joanna Yeates, but this is pending the results of a postmortem which is not expected for at least 24 hours due to the nature of how she was found in such extreme conditions.”

We have not had official identification of Joanna Yeates on the 27th December 2010... yet we have the Yeates family visiting Longwood lane on the 27th December 2010 , to lay flowers on a grass verge, we do not know it is her yet!! Why are you already at the scene??

We do not know how she died... we know nothing.... But we end up with The press, following The Yeates family onto a potential Crime Scene, when there is nothing Official....  How does that work??

Details
Credit:   ITN
Clip #:   693155122   SD
Collection:   ITN
Date created:   27 December, 2010
Licence type:   Rights-ready
Release info:   Not released. More information
Clip length:   00:03:46:24
Location:   United Kingdom
Mastered to:   QuickTime 8-bit Photo-JPEG SD 720x576 25p More information
Originally shot on:   576 25i
Source:   ITN
Object name:   r27121002_11286.mov

https://www.oxfordmail.co.uk/news/8757749.Police_to_reveal_how_Joanna_Yeates_died/?ref=rc

https://www.gettyimages.co.uk/detail/video/family-of-joanna-yeates-visit-spot-where-her-body-was-news-footage/693155122

[Nicholas]

So the above post shows us it was the prosecution that read the defences opening statement.... And according to this article, The Defences opening speech is rare, reserved for complex cases...

The more interesting point I would say is this:

The right to make an opening speech exists only where the defendant intends to call at least one defence witness in person (other than the defendant himself).

We know Dr Vincent Tabak took the stand, we know the defence made an opening speech, or was that really the prosecution??

So who was the defendants witness???

Dr Carey?? Was that it??? Was that whom the defendant chose??

What happened to Tanja Morson?? or CJ?? anyone who knew him??

This rare opening speech for a simple murder appears extraordinary , so many firsts wth this case....


https://www.defence-barrister.co.uk/crown-court-trial-part-2/#The-Defence-Case

What is a "simple murder?"

[Nicholas]

27th December 2010
Post mortem results on body of architect due to be released
By Daily Echo Reporter

We have not had official identification of Joanna Yeates on the 27th December 2010... yet we have the Yeates family visiting Longwood lane on the 27th December 2010 , to lay flowers on a grass verge, we do not know it is her yet!! Why are you already at the scene??

We do not know how she died... we know nothing.... But we end up with The press, following The Yeates family onto a potential Crime Scene, when there is nothing Official....  How does that work??



https://www.oxfordmail.co.uk/news/8757749.Police_to_reveal_how_Joanna_Yeates_died/?ref=rc

https://www.gettyimages.co.uk/detail/video/family-of-joanna-yeates-visit-spot-where-her-body-was-news-footage/693155122

Wasn't JY unofficially identified by her watch?

If you watch the video where the press are filming the family they appear to be behind a cordon and using their cameras to zoom in and out.

I don't understand why you are asking "why are you already at the scene & "How does that work?"?"

Can you expand.

And can you hazard a guess at what the police may have been doing at the crime scene between the time the body was found and when the family visited the site to lay flowers (25th - 27th Dec)?

[Nicholas]

In writing.... not typed then???

From Sally Ramage

So I am going to suggest that The Defence's opening speech,that The Prosecution read out, was the statement that Dr Vincent Tabak apparently signed... As anything the defence had, should be disclosed to The Prosecution, if I am understanding this correctly....

But the most interesting point is this:

The defence case statement must be in writing, signed by the defendant or the defendant’s solicitor and outline:

So the solicitor has the ability to sign such documents??  That's interesting.... So did Dr Vincent Tabak actually sign his statement of September 2011??



https://www.inbrief.co.uk/court-proceedings/defence-case-statement/

http://www.criminal-lawyer.org.uk/39-CLN-JAN-2012.pdf

Why do you openly defend Tabak but criticise everyone else?

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Why do you openly defend Tabak but criticise everyone else?

I am not critising Sally Ramage, she has pointed out an issue with the statement within, what she had written..

[Nicholas]

I am not critising Sally Ramage, she has pointed out an issue with the statement within, what she had written..

Okay then,

Why do you openly defend Tabak and Sally Ramage but criticise everyone else?

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Why do you openly defend Tabak but criticise everyone else?

It's ridiculous..... I try to fathom the law.... The law appears to be have ignored looking at what has been stated....

My god... doesn't make a difference does it.... I could do this until the cows come home... and no-one who look at this case... I don't understand  what it is about Dr Vincent Tabak, that no-one will consider anything about the case....

I have I believe demonstrated on a number of occasions, why I believe the case needs re-examining, but that won't happen....

Head , bang and  brick wall spring to mind.... Just repeat on a daily bases until you forget, what you believe is wrong with this case.... Follow the herd and we will embrace you...... and then give you an ice pack.....

Nothing I have stated resonate with anyone??

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Wasn't JY unofficially identified by her watch?

If you watch the video where the press are filming the family they appear to be behind a cordon and using their cameras to zoom in and out.

I don't understand why you are asking "why are you already at the scene & "How does that work?"?"

Can you expand.

And can you hazard a guess at what the police may have been doing at the crime scene between the time the body was found and when the family visited the site to lay flowers (25th - 27th Dec)?

Which watch.... ??

She appears to have more than one... who confirmed she was wearing her white watch on the 17th December 2010??

And how on earth is a watch a way to identify someone who was in a frozen state??
What about A visual inspection?? DNA??

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What is a "simple murder?"

The alternative to a complex one, which the Head of The South West Complex Case Unit, should not have  involve herself in...

I have highlighted the 21 criteria for The head of The Complex Case Unit and this 'murder" doesn't come under such  criterias...

Therefore the term simple was used....

[Nicholas]

So the above post shows us it was the prosecution that read the defences opening statement.... And according to this article, The Defences opening speech is rare, reserved for complex cases...

The more interesting point I would say is this:

The right to make an opening speech exists only where the defendant intends to call at least one defence witness in person (other than the defendant himself).

We know Dr Vincent Tabak took the stand, we know the defence made an opening speech, or was that really the prosecution??

So who was the defendants witness???

Dr Carey?? Was that it??? Was that whom the defendant chose??

What happened to Tanja Morson?? or CJ?? anyone who knew him??

This rare opening speech for a simple murder appears extraordinary , so many firsts wth this case....


https://www.defence-barrister.co.uk/crown-court-trial-part-2/#The-Defence-Case

What does your common sense tell you?


"The family of Joanna Yeates can begin to plan her funeral after her body was released, it emerged today.

A post mortem examination was carried out last week on behalf of Vincent Tabak by a pathologist, Bristol Crown Court was told.

Michael Fitton QC, representing Tabak, told the preliminary hearing that Dr Nat Carey conducted the examination last Wednesday.

"With his consent we have consented to the release of the body of the deceased," Mr Fitton told the court.
https://www.independent.co.uk/news/uk/crime/joanna-yeates-body-released-to-family-2199445.html

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What does your common sense tell you?

I'm flogging a dead horse!

[Nicholas]

Which watch.... ??

She appears to have more than one... who confirmed she was wearing her white watch on the 17th December 2010??

And how on earth is a watch a way to identify someone who was in a frozen state??
What about A visual inspection?? DNA??

You tell me