Friday 28 March 2008

Even More Gary Daw

STATEMENT OF WITNESS
CRIMINAL JUSTICE ACT 1967, S9, MCA 1980, S102
MC Rules 1981 r70_____________

Statement of: GARY DAW
Address:
Occupation: CARPENTER
Age: .....24

This statement (consisting of 7 pages 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
Signed
Witnessed by
I wish to make this statement additional to the statement
that I made to the Police dated 3rd March 1991 and the
statement that I made to Messrs Hawkins, Solicitors, on the
24th April 1991.
In the last of those statements I said that those involved in the attack on Gorman were definitely not Somerton, Teal and Moore. I said that I would be able to recognise those involved again. I have now seen two of the men involved and I have made it my business to find out who they are. I am certain that the large man who came up last of the three is Gary Withers who lives in the Gaywood area of King's Lynn. I am certain that one of the first two attackers was a boy who I know to have the surname xxxxxxx and as I understand it is a fisherman who lives in North End. I have seen both of them in Public Houses in King's Lynn on several occasions recently and have asked people who they are. I am willing to attend an Identification Parade. Turning to Gary Withers and in turn talking about the third of the attackers, this was the big stocky man with black shortish hair. The man xxxxxxx who I saw involved in the assault is tall with black short hair and of medium build rather like my own. They are both in the age group of around 25. I initially thought that this boy xxxxxx first name was Andy, but I cannot be sure of that. I have not come forward before because I did not want to be the person to point the finger until I was sure and as time has gone by and I have seen them on several occasions have become certain that they are two of the attackers. It is for that reason that I came forward to Mr Britton's Office on the night of the 7th May and at his request have made a statement in the presence of Sergeant Tom Neill. Of these two, xxxxxx was actively involved in kicking and punching Gorman. Withers was the last there. I remember that he held Gorman around the neck area but by his clothing. I cannot be sure if he punched the man but he certainly did not kick him. The other main attacker was with xxxxxx. He was shorter than xxxxxxx with mousy hair. I can be sure that Gorman had been chased round by the second Ward Gethin Office opposite the Tudor Rose and into Chapel Street and had not run across the car park. The first two men were about 15 metres behind Gorman. He ran across towards the Council Offices. By this stage me and Shelley had just turned round by the Lattice House on the opposite side of the street. The third man was lagging behind them. They caught up with Gorman as he got across onto the pavement. I saw both of them hit him and he went down. I think both of them had punched him. Certainly one had. He fell to the ground. The third was about 10 metres behind the first two and as he joined up with them the first two were kicking Gorman on the ground. They were kicking him about the upper part of the body. They kicked him repeatedly. This was once he was on the floor. They were at this stage joined by the third person. All I saw him do was pick up Gorman by the scruff of the neck but by the clothing in that area and at that stage the first two had stopped kicking Gorman. I had been absolutely opposite the first two when they were kicking the man. The third had come jogging up behind them. I cannot say if the third person did or did not hit Gorman but he definitely did not kick him. That was the last I saw of these three men. Indeed having passed the first two as they were kicking the deceased I walked on with Shelley. I then obviously saw the third jogger run up to them which meant he went passed us. I then looked back only once or twice and then only briefly. We had got about 10 metres passed the first two when the third man caught them up. I glanced over my shoulder as we carried on walking and it is then that I saw him holding the man Gorman. We carried on walking and then I glanced back again and they were gone. There is no time in my mind in which the third man would have had an opportunity to do anything further to Gorman in between my looking the first time and looking back the second time to find that they had gone, but when I looked back the injured man was lying on his back, his body was over the pavement and his head on the curb. He feet were facing towards me. Then I refer back to my first statement and meeting Clifford Ellis. I cannot remember if the lights were on in Chapel Street when the assault was going on but I think they would have been and I certainly could see clearly. Thus I can describe the first two attackers as follows. As to the man xxxxxxx he was about 25 years of age. He was 6' or thereabouts, perhaps slightly taller. He was of slim to medium build (about my build). He had dark hair, it was black, it was cut short but not in any particular style. I cannot remember what he was wearing; it was his face that I was looking at. He looked clean shaven and there was no obvious beard or moustache. The second man with him was not so tall, somewhere between 5'8" and 5'10". He was of medium build but heavier than the first of the two. He had collar length short hair which was mousy brown. He was clean shaven and again I cannot remember what he was wearing. The third man, Gary Withers, was about 25 as were the other two. Again he was white. He was of stocky build and somewhere between 5'10" and 6' in height. He was more fat than stocky. He had black hair, it was cut shortish and again in no particular style and I cannot remember what he was wearing. At the Identification Parades that I attended I did not see any of these three on them. I went to three Identification Parades. On the first I recognised Carl Somerton on it. On the second I recognised Michael Teal, and on the third Rod Moore. I picked none of them out and could definitely say if I had been asked by the Police that it wasn't any of them involved. I can say this without any doubt at all. Since then I have on various occasions seen those who were involved about King's Lynn. I have made enquiries to find out their names. I am now sure that they were the three involved on that night. I have made enquiries and I now know that, as I have said already, one of them is one of the xxxxxxx brothers who live in North End, and I think he is a fisherman. This is the dark haired slim one I have described as kicking Gorman. The second one, I do not know his name, but I have seen him maybe twice with xxxxxxx since the incident. Another time I saw him in the Lattice House. On each occasion I have seen them in the pub. Since the incident he started growing a beard. I have asked people in the pubs who they are and that is how the name xxxxxxx came up. The one growing the beard I last saw eight or nine days ago. The third fattish one I have seen around and indeed before the incident. I did not then know what his name was. The last time I saw him was a couple of week ago in a pub in the Tuesday Market Place and I found out that his name was Gary Withers and that he lived in the Gaywood area. I found his name out by asking people in the pub in a quiet way. I recognised them first as being involved and then I made enquiries to find out who they were. I did not know any of them prior to the incident. I would recognise all three of them if I saw them again and I have no doubt the persons I now know to be Withers and xxxxxxx were involved that night and I am willing to attend any Identification Parades.

Signed Gary Daw

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