More Gary Daw

STATEMENT OF WITNESS
CRIMINAL JUSTICE ACT 1967, s9, MCA 1980, sl02. MC RULES 1981 r70

Statement of..................... GARY DAVID DAW
Address..................
Occupation.............. Carpenter
Age: 24
This statement (consisting of 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: 24.4.91
Signed.
Witnessed by:
I make this statement additional to my statement to the Police, dated the 3rd March 1991. I wish to preface my remarks by stating that I have attended three identification parades as a witness. At the first of those parades which was on the 5th March, I knew one of the persons on the parade which was Karl Somerton. Having made my statement on the 3rd March, 1991 but before going on the parade, I had been visited at my place of work by the same Police Officers who had taken the first statement from me. This was at High House, Terrington where I was working. They asked me if Knew Karl Somerton. I told them that yes I did know him. The reason that I knew him was that some years ago when I had gone to one of the local canning factories to do some work, I had met him there. Also I think he went to the same school as me and I certainly knew him by name. I told the Officers all this and particularly told them that I could be certain that he was not one of those who took part in the assault, on the deceased. They made it quite clear that they did not believe me. As the parade took place on the 5th March this must have been the day after I made my statement. Anyway, on the 5th March I was simply taken to the identification parade. On the first one I saw Karl Somerton on the line up. I was asked if any of the persons present was the one or one of those who I had seen kicking and punching the deceased, and I said no. I can go further and say that Karl Somerton definitely was not one of the three involved. Furthermore, I then went to another parade. I cannot be certain if it was the same day. On this parade, one of the persons on the line up was a Bouncer. At that time I did not know his name but I now know him to be Michael Teal. I immediately recognised him. I can say that he again was definitely not one of those involved in the assault. Finally, I then went to a third parade where I saw another person who I recognised as being a Bouncer. I should add that both Bouncers I am referring to have worked at the Cellar Bar where I go regularly and I have seen them in there. Again, I can definitely state that that person was not involved in the attack. As to those Bouncers, one of them I had seen actually working in the Cellar Bar on the night of the 1st March. I think that that is the man known as Michael Teal. I go to the Cellar Bar regularly and I had seen the other Bouncer working there as well. Since making those statements, I have obviously been out and about King's Lynn and I have not seen anybody who I could say was involved. Those involved in the assault do not stick in my mind as people that I have seen before. Turning to my statement I confirm otherwise that page 1 or thereof is accurate. As to page 2, when the man who I now know to be the deceased Gorman asked me if I knew somebody whose name he mentioned and kept repeating this; I have to say that the reason I walked away was because this man was being difficult. I felt that if I didn't walk away, he might go for me. Page 3 of my statement is accurate. As to page 4, I would like to add that the deceased Gorman (I now know that to be his name) was doing all the arguing when I saw him with a stocky built man with permed hair at the top of the stairs as I was leaving with Shelley Mitchelson. I can remember that the man with the permed hair was saying that he did not want any trouble. Gorman was being aggressive, they were not both arguing, it was Gorman who was doing the arguing and the other man was trying to calm things down. I have referred to hearing shouting as I walked away. I did not return to look at any incident. I had walked about half way from the exit of the Cellar Bar, to the mouth of Tuesday Market Place. When I looked over my shoulder, I could see abit of scuffling. I did not return to have a closer look. I had not noticed Karl Somerton at all that evening, the Club was quite busy and he could have been there, he just did not come to my attention. As to page 5 of my statement. I have described how Shelley Mitchelson and myself had gone passed the taxi office, having gone in there and been unsuccessful in getting an immediate taxi. We were therefore walking home along Chapel Street, opposite the Council offices when I saw the man running towards us being chased by others. I can say this. That man was the same man who I had seen causing the trouble earlier. I can be certain that he did not run out from the car park which is next to the Lattice House and extends back across towards the Tudor Rose Hotel. This is why I have said that I had the impression that he had run from the direction of St Nicholas Church. This is because if he had not run across the car park, and of that I am sure: then it follows that he could only have come from the direction of St Nicholas Church in which case he could have run down from the Tudor Rose direction and if he had just left the Club this would of course make sense. Those running after him were running towards me. It follows that I could probably recognise them again given the opportunity. I have described in my statement how I kept walking. I was tempted to shout out, "leave him alone" as I saw these three men assaulting the man on the ground outside the Council offices. However, I feared that if I did they might have a go at me. Obviously, I was concerned to keep Shelley moving. As we continued walking therefore, in the direction of St Nicholas Church I saw no other persons standing watching the assault. When I turned round again to look and saw the man now lying on the pavement the three men had gone. I have been thinking very hard about the description of these men. I would also like to add that I had drunk sparingly that evening and was not therefore in any way intoxicated. The last of the three men sticks most clearly in my mind. This is the one who was slightly behind the other two. He was of a plump build. He was in his mid-twenties, and between 5 feet 8 and 5 feet 10 inches in height. There was nothing outstanding about his clothing that sticks in my mind. He did not have blond hair, it was darkish. Also it was of medium length but it wasn't a smart cut. He was a white person. As to the other two who had been ahead of him and chasing the man Gorman, I can say the following. One was about 6 feet. He had dark hair which was cut fairly shortish. He was white and not wearing glasses (none of them were). He was of a slim build. Just as with the other two, he had no noticeable facial hair such as a moustache or a beard. The third one was smaller than the second one. I remember that he was of slim build and he had mousy blond medium length hair. I cannot say anything about their clothing; it was their faces that stuck in my mind. I can categorically say that I know Robert Mark Hills, otherwise known as Bobby Hills and he was definitely not one of these three. I also know his father and he was definitely not one of them either. I wish to conclude this statement by saying that I am positive that the Police have charged the wrong persons in this case. I have then described how I walked home. I have not seen Sewell’s statement I do not know this man. However, the route that he describes taking is the same route that myself and Shelley Mitchelson took. On that route we saw no man and particularly, no man with a cut head.
Signed: Gary Daw
Dated: 24.04.91