R v Jermaine Bellamy [JB]

Please assume that Martin Kopieczek [MK] will be the first witness for the crown and that

Dane Powers [DP] will be the second witness.

In relation to PC Owusu, please assume that he will give evidence after MK and DP have

given their evidence.

Counsel is instructed to represent the Defendant, JB, at his forthcoming trial.

The Allegation

- JB unlawfully and maliciously wounded MK with intent to cause GBH, contrary to

s.18 of the Offence against the Person Act 1861

- Premiership footballer

- Was attending a private party in the VIP area at the Jester’s nightclub in Gladbury

West End.

- MK is a freelance photographer who was present at the same club, albeit not a guest

at the private party

- The Prosecution allege that JB was drunk and got into an argument with MK

- JB is alleged to have smashed a beer bottle onto MK’s forehead causing a wound

requiring 5 stitches.

- MK attended the A & E department at University College Hospital immediately after

the incident.

- MK made a complaint of assault, the subject of this charge.

- JB attended Gladbury Police Station with his solicitor.

- Made no comment in interview, but solicitor presented a prepared statement.

- JB accepts that he caused the injury with a beer bottle but asserts that it was an

accident

- JB entered a NG plea

XX Martin Kopieczek [MK]

Background

You describe yourself as a freelance photographer correct?

Do you have any other occupations? If no, Full-time photographer?

You stated in XC that you photograph ‘celebs’ and forwards the pictures to agencies

for payment correct?

And this involves encountering ‘celebs’ very often doesn’t it?

And you are able to encounter ‘celebs’ mainly because of the result of your effort in

keeping up with the ‘celebs’ correct?

And the photographs are taken mostly without the consent or awareness of the

‘celebs’ AND/OR taking advantage of any opportunity to photograph ‘celebs’

correct?

You follow gossip of ‘celebs’? (WS/MK Pg2/p.3)

Having satisfy the questions I put to you, which are basic fundamental descriptions of

a paparazzi, you are a paparazzi correct?

You stated in XC that you were put on the guest list by a member of Jester’s staff, and

you were mistaken when you claim that person to be DP in your WS that was

extracted from you after you were told to leave by him (encountered DP). Would you

agree that it would be hard for the court to believe that you would mistaken someone

who would put you on the guest list whilst you are not a member, in other words,

someone that was doing you a big favor that night? And, Coincidentally, mistaken

that person with the Assistant manager which you already met.

Are you sure YOU were invited by the club management and not MISTAKEN it with

another photographer or another club management?

26 th /27 th July 11pm @Jester’s Nightclub (WS/MK Pg1/p.2)

You were at Jester’s nightclub on an assignment to take pictures for the new website

at the request of the club management correct? (WS/MK Pg1/p.1)

You were mingling with the guest at the downstairs bar area looking for people to

photograph correct? (WS/MK Pg1/p.2)

You are aware that guests are allowed to the swimming pool and bar area upstairs of

the club, UNLESS, there is a private event correct? If not, why would you ask for

permission?

You are aware that the club is well-known for having celebrities, footballers, and

other A-listers, correct? (WS/MK Pg.1/p.1)

And, as a photographer, you are also aware that there are strict policies regarding

photographers in membership clubs correct?

#

On that evening, it has come to your attention that there was indeed a private party

correct? (WS/MK Pg1/p.2)

And you, in your own words, heard that members of the Gladbury FC football team

were in the VIP area, correct? (WS/MK Pg.1/p.2)

#

Subject to not to mention any content or information about the ‘gossip’, you are

interested and aware of the gossip between the relationship of JB and his girlfriend

correct? (WS/MK Pg.2/p.3) (very unlikely to be aware of DETAILED gossip and not

be interested)

#

Whilst not invited or expected to enter the private area, you went ahead anyway,

didn’t you? (WS/MK Pg1/p.2)

Can I confirm, at that time, the time was approximately 1.20am? (WS/MK Pg1/p.2)

Would you agree that, even if you went to the private area to take publicity

photographs for the club, you should have went to the bar area, and not the swimming

pool?

Your sole intention was to take pictures of ‘celebs’ in the party correct? If not, why

did you went up there the first place knowing that there is a strict policy regarding

photographers?

#

You went to the pool area because it was quiet and empty correct? (WS/MK Pg2/p.2)

Was the area brightly lit? If no, how did you manage to recognize the women

immediately and recognize EXPENSIVE CHAMPAGNE BOTTLES? (WS/MK

Pg2/p.2)

If yes, so you decided to hide behind an ornamental bush so that no one will see you

isn’t it?

In fact, you hided because you knew you were not supposed to be there isn’t it? If no,

you should have left immediately, either before or EVEN after the women came out,

leave the private area and NOT deliberately and consciously hide behind an

ornamental bush am I correct?

And you knew if you hide there you would, in your words, have ‘no choice’ but to

listen to the ‘celebs’ conversation isn’t it?

And you had ‘no choice’ but to listen to their conversation for 10 minutes, am I

correct? (WS/MK Pg2/p.3)

#

Were you nervous then? If no, why did you jump behind an ornamental bush when

you heard Kezia and her friends coming out from the bar area, and hide there for 10

minutes? (WS/MK Pg2/p.2)

If yes, you were so nervous because you were unnoticeably taking pictures of the

‘celebs’ weren’t you?

In fact, you were so nervous that you blew your cover and was seen by one of the

woman isn’t it?

#

How was the women’s reaction when they found out you were there? (WS/MK

Pg2/p.4)

Would you agree that the women might have MISTAKEN you for a pervert, rapist or

any person of equivalent threat? If no, what did they call you? (WS/MK Pg2/p.4)

#

So, the women were scared and angry and they deserve to be weren’t they?

And they threw you into the pool correct?

#

You must’ve felt humiliated and angry weren’t you? given that you were constantly

insulted by the women after being thrown into the pool AND had to replace the

camera out of your own pocket which costs a little less than 4k. (WS/MK Pg3/p.5)

You were so angry that, when JB heard the commotion and came out and offered to

‘escort you out’ you MISTAKEN it with to ‘sort you out’ isn’t it?

#

In fact, you were so angry that when JB, who had a bit of champagne cocktails and a

bottle of beer in his hand, offered a helping hand to escort you out, you MISTAKEN

it with violence didn’t you?

Which is why you struggled and, given that you just came out of the pool with your

clothes all wet, it must’ve been very slippery, and as a result of your struggle and poor

visibility due to wet hair, both of you accidentally tripped whilst JB had a bottle of

beer in his hand which landed on your forehead. Wasn’t it? (WS/MK Pg3/p.6)

#

IF MENTION DP, I believe the court may find it hard to believe that the

ASSISTANT MANAGER OF SUCH A LUXURIES CLUB WOULD TAKE A

FREELANCE PHOTOGRAPHERS SIDE RATHER THAN A ‘CELEBS’ SIDE.

ARE YOU SUGGESTING THAT YOU AND DP ARE COLLUDING?

Does this have anything to do with the statement in your XC which you claim to

mistaken DP with the person who allowed you to enter the private area where

clearly no non-private members could and you were the only one that could?

In fact, you and DP were planning to sell this story to the highest bidder, which

is why when you blew your cover, you fabricated these lies in order to protect

yourself in the expense of JB being charged with a very very serious offence

which he clearly had no intention of wounding you and it was your carelessness

that caused your own injury to the forehead. Wasn’t it MK? No further

questions your honor.