Nick Fenney_Appeal Hearing Defence Statement

Gloucester Crown Court Case No. A20140040: Nick Fenney_Appeal Hearing: Defence Statement.

An example of my aptitude for legal work. I drafted the appeal hearing defence statement. The defence won the case on appeal but I, the defendant, was subjected to a restraining order (on acquittal), nothwithstanding the fact that I had never once on any occasion personally contacted the prosecution witness. In its haste to execute its powers of corruption Gloucester Crown Court failed to adhere to the correct procedure set-out in Part 50 of the Criminal Procedure Rules, 2014, meaning, in effect, that the restraining order was not only without foundation it was also unlawful.

Verdict of Cheltenham Magistrates Court on 19th August, 2014:

“Taking the date of the calendar into consideration, we believe that although there was a till receipt for 28th November, 2013, showing purchases at Tesco’s, we find the victim’s account more credible, that it was handed to her on another occasion in December, 2013. We have therefore taken it into account. The four incidents taken together constitute harassment even if individually they do not appear encouraging. There was no contact from the victim after contact details were given to her and yet you still pursued a course of action by sending her the Valentine’s card; sending e-mails to Tesco’s - in one admitting your chances of getting a date would be affected by offensive remarks from staff and customers, and in your statement to the police you disclose intimate conversations taking place at the check-out counter.All of this is refuted by the victim, who we believe was vulnerable and nothing in her actions justified your behaviour - which you ought to have appreciated. We find Miss Bryce is the more credible witness and we find you guilty”.These were not the only remarks made by the spokeswoman (for the bench): she stated that I knew the prosecution witness’s surname (because she was wearing a name badge) and that I knew that she had a horse. She stated that I was a “fantasist” and indicated that I needed mental health treatment and both she and the crown prosecutor agreed that I had made-up my defence statement.

The calendar: The till receipt of 28th November, 2013, bears Samantha Bryce’s checkout identifier/input number and her

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fingerprints, and that was the day on which I handed her the calendar. I am the person who gave her the calendar so I would know the date on which the event took place. She does not clearly recollect the date/occasion on which the event occurred yet I provide a detailed description of it. The only three occasions on which I interacted with Samantha Bryce were those when she served me at the checkout: 5th August, 28th

November & 18th December, 2013. Theoretically she could have corroborated her version of events with Tesco security cctv footage. The idea that the calendar was handed to her on “another occasion in December” is completely fallacious as I only interacted with her once in December, 2013, and that was when I gave her my contact details. Again the prosecution witness’s statement is uncorroborated.

Credibility: Samantha Bryce’s version of events is anything but credible and her unreliability as a witness was exposed during cross examination. She stated that she had not come into contact with me prior to the week before Christmas, 2013, and yet I had till receipts to show that she had served me on two occasions prior to the week before Christmas, 2013: 5th

August and 28th November, 2013. She stated that the calendar bore her forename and her misspelt surname and yet I had documentary evidence to show it bore only her forename. She stated that she had processed a card transaction yet the till receipts she handed to me show that all the transactions were cash transactions. She stated that her mother had contacted the police whereas the police log shows that it was “Martin” (presumably her father) who had contacted the police. Furthermore, her witness statement contains approximately 75 false statements, that is to say statements materially false or statements lacking in credibility. My defence statement is corroborated throughout with documentary evidence; her witness statement is uncorroborated. My interview under caution, my defence statement and my testimony in court were all consistent. Her witness statement and her testimony in court were inconsistent.

Contact: It had not been established prior to judgment as to whether or not Samantha Bryce had attempted to contact me once she had been given my contact details as she had not been questioned about the matter. I would surmise that she

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had attempted to contact me but I would further surmise that her communications were intercepted and did not reach me.

Harassment: In my view none of the incidents taken together or individually constitute harassment of a criminal character in any language. She had merely been given a gift/promotional sample/calendar and my contact details and had been sent a Valentine’s card anonymously.

E-mails: I sent the e-mails to Tesco Head Office and they merely expressed concern for the welfare of the prosecution witness; they were not sent to her personally; and the confidential e-mails were forwarded to Tesco Tetbury without my consent. Indirect harassment cannot be construed thus unless it was “aided, abetted, counselled or procured by another”. Valentine’s Card: The Valentine’s Card was sent to her anonymously; she could not have known that it was from me at the time she wrote her witness statement. (She only knew that it was from me, I would contend, because it was intercepted under warrant in the course of its transmission through the postal system and that information was conveyed to her by the police).

“All of this is refuted by the victim”: Samantha Bryce had not refuted any part of my defence statement as she had only been cross-examined about the till receipts, the cover of the calendar and an entry in the police incident log.

“Nothing in her actions justified your behaviour”: My conduct was prompted by the comments/actions of Samantha Bryce on 5th August, 27th August, 28th November and 18th

December, 2013, respectively and it would be absurd to believe otherwise. For example, on 18th December, 2013, I visited www.tescocomments.com and commended her for providing excellent customer service: in her witness statement the prosecution witness states “I carried on really awkwardly and stayed quiet. This seemed to keep him quiet.” Whereas we talked non-stop for 3 or 4 minutes. Later that day I left a comment about her at www.tescocomments.com:Subj Your Tesco Comments

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http://www.tescocomments.com/



ect:

From:

[email protected] ([email protected])

To: [email protected];Date: Wednesday, 18 December 2013, 14:47

Thank you for leaving a comment about your recent shopping trip. Your feedback helps us to improve for the future. All of the comments we receive are forwarded to the store and shared with the team. Once again thanks for taking the time to let us know.

Comment: I was served by the indescribably gorgeous Samantha today. I was going to tell her that she was right, I do love her, and I was going to ask her if there was a cure available in store but there simply wasn’t enough time.634004024102840370

This provides some indication that we had a romantic encounter on 18th December, 2013.

Course of action/conduct: A “course of conduct” implies that the events were connected whereas in this particular case they were not.Calendar: cause of action: her comments about my website on 27th August, 2013, and her conduct on 28th November, 2013, immediately prior to the event.Contact details: cause of action: she stated to me on 28th

November, 2013, that she would be “on the checkout up and until Christmas” and yet I did not see her the following week nor the week after that. I believed that a text, or an e-mail or a phone call would be the best way to resolve the situation so I decided to ask her if she wanted my contact details the next time that I saw her (which was on the 18th December, 2013).Valentine’s Card: When I saw her last (on 31st January, 2014) she was being reprimanded by two members of staff. I sent her the Valentine’s Card anonymously later on that day in order to cheer her up.

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Emails: cause of action: misconduct of security guard on 31st

January, 2014.

Identity: I did not know the surname of the prosecution witness prior to the 7th of February, 2014.The alleged prosecution witness indicated that I knew her surname. The comment I left at www.tescocomments.com on 31st January, 2014, clearly indicates that I had no knowledge of her surname.

Subject: Your Tesco Comments

From:


To: [email protected];Date: Friday, 31 January 2014, 19:12


Comment: In my observation Samantha (Jansen?) has not been in an altogether happy disposition since the 28th November, 2013. She is either in love or she is not eating enough mangoes and pineapples. 634004024102840370

“Jansen” was an uninspired guess. She had informed me on 28th

November, 2013, that she was “half-Danish”. The Valentine’s card that I sent to her was addressed to “Samantha J.” and her name badge contained her forename only.Had I known her surname then I could have contacted her over the Internet via Facebook or Linked-in or discovered her home address.

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Horse: I did not know that she had a horse or that she rode a horse until 8th February, 2014, when I googled her forename, surname and location in order to match the name to the person. I downloaded several photographs of her on 8th & 9th

February, 2014, from her Facebook page. If you right-clicked on any of these downloaded photographs in Windows Explorer and chose Properties from the right click/context menu, the metadata would show that the photographs were “taken” on 8th

or 9th February, 2014, clearly indicating that they were downloaded on 8th or 9th February, 2014. The photograph that I included in the Microsoft Word defence file that I e-mailed to James Ford on 13th February, 2014, was downloaded on 9th

February, 2014, after he had informed me of the surname of the prosecution witness on 7th February, 2014.

Extract from Police interview on 7th February, 2014:James Ford: It was then that he made another comment about my horse. Nick Fenney: A horse?James Ford: She says he gave me the exact colour of the horse. That really scared me. I did not know how he got to find out that I had a horse an in particular the actual colour. She says I was taken aback. Nick Fenney: This is just bloody deranged nonsense.James Ford: She says that you mentioned the fact that she had a horse.Nick Fenney: I never knew she had a horse. She mentioned to me that she particularly liked the horse photographs on my website. I had no idea she had a horse, or she could ride, or anything of the sort.

Overview: I KNOW that Samantha Bryce’s witness statement is fabricated and to some extent the defence can prove this to be the case. What I do not know is why she has made a false statement. I suspect that it was in response to some element of coercion for on 18th December, 2013, she said to me: “After what’s happened to me over the last 3 months I am tempted to say forget it.” Her portrayal of me and her reaction to events is clearly a work of fiction. I am of the opinion that she had been the victim of third party harassment since coming into contact with me but as she would be my only potential witness I cannot substantiate the matter.

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Brief Summary of Defence:

Points of law:

I could not have known that my conduct amounted to harassment as it involved giving the prosecution witness a free gift (i.e. tendering a free promotional sample to her without obligation), offering her my contact details, and sending her a Valentine’s Card anonymously. These are not acts which any reasonable person would associate with harassment or acts which ordinarily give rise to a complaint of a criminal character. These acts were entered into in a spirit of good humour.

Even if were to believe her witness statement, all she had to me by way of rebuttal was “no thank you” when I allegedly thrust my contact details into her hand.

I was not given a harassment warning directly or indirectly.A civil remedy in the form of an harassment warning lay at the disposal of the prosecution witness.

The calendar was given to her on 28th November, 2013, yet the charge relates to events which took place between 1st December, 2013, and 4th February, 2014.

According to information published on the CPS website “a prosecution under section 2 or 4 requires proof of harassment. In addition, there MUST be evidence to prove the conduct was targeted at an individual, was calculated to alarm or cause him/her distress, and was oppressive and unreasonable.” There was no evidence to prove that my conduct “was calculated to alarm or cause distress, and was oppressive and unreasonable.”

The prosecutor has not proven the critical facts of the case to the “appropriate level of certainty” required to establish my guilt and thus to properly secure a conviction (in fact all the critical prosecution facts are uncorroborated and most of these have been disproven).

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I fail to see how the e-mail correspondence between Tesco Head Office and myself can be “taken” as harassment when the confidential e-mails were redirected to Tesco Tetbury without my prior knowledge and without my consent.I fail to see how sending her the Valentine’s Card can be “taken” as harassment when she could not have known that I had sent it to her before she had written her witness statement for I had sent it to her anonymously.

“In the particular circumstances” the conduct I pursued was “reasonable”: i) offering a person a gift/promotional sample is a perfectly reasonable thing to do; ii) offering a person contact details is a perfectly reasonable thing to do; iii) sending a person a Valentine’s Card is a perfectly reasonable thing to do and it is the time of the year when a person should be allowed to give free rein to his or her quixotic impulses; iv) contacting a customer service department by e-mail is a perfectly reasonable thing to do; but disclosing confidential correspondence to a third party is not.

The principal facts at issue (in chronological order as they appear in her witness statement):

Approximately a week before Christmas: it was 28th December, 2013.

Fenney came across and interrupted the current transaction and thrust a large brown, envelop(e) in my hands: She had just served me and the calendar was placed at the end of the checkout.

I was speechless at the time…We conversed throughout the course of the transaction.

I did not recognise him as I normally do my regular customers. She was aware of my identity for she had served on 5th August and spoken to me at length on 27th August, 2013.

What disturbed me the most was that the calendar was personalised and had my name on it. This included my surname – although not spelt correctly, was very disturbing. The calendar bore her forename only.

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The second encounter I had with Fenney was a couple of weeks later. This event took place on the 18th December, 2013. This was our seventh encounter. The previous six encounters took place on 5th August, 12th August, 19th August, 27th August, 27th

November, & 28th November, 2013, respectively.

A team leader, which I cannot remember the name asked customers to move on to another free checkout to speed up the process at the checkouts. Fenney did not move and remained behind other customers, but refused. I was not asked by a team leader to move to another checkout. When I approached the checkout, there were not any other customers there other than the person whom she was in the process of serving.

It was then that he made another comment about my horse. He gave the exact colour of the horse... He would go on and explain that the particular horse I had was notorious but beautiful. Prior to the 7th February, 2014, I had no idea that she had a horse. I have never had any conversation with her about horses.

I carried-on really awkwardly and stayed quiet. We happily conversed throughout the course of the transaction.

At the end of the transaction, he was mumbling and got-out this piece of paper. I was not mumbling. I was speaking to her in a normal voice. I had retrieved the piece of paper bearing my contact details from my wallet while she was serving another customer.

He was sorting-out his PIN number on a card machine and was searching in his pockets. I pay for all in-store transactions in cash. All the transactions she processed were paid for in cash.

…and in the other thrust what was in his pocket a piece of paper. I asked her if she would like my contact details. She said that “it would help” and I then gave them to her. My contact details were not in any of my pockets. They were inside my wallet which was in my right hand.

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Also inside was a laminated fridge magnet again with two rabbits hugging, called “Summer Loving”. I found this offensive and very scary. Her reaction to the Valentine’s Card is not credible.

Security approached me and explained that Fenney was spotted around the petrol station area where I have been supporting the department on a late shift. I have never once visited the Tesco “petrol station area”. I have a witness statement to account for my whereabouts during the evenings/nights of the week in question.

I do not know who this man is, not even as a regular customer… I only know a name through head office and the note he thrust in my hand. She was well aware of my identity. We had become acquainted on the 5th August, 2013. I retain the till receipt for that transaction which potentially would bear her fingerprints and possibly other identifiers. She had informed me on both 27th August and 28th November, 2013, that she had visited my website www.nickfenney.com. On the 27th August, 2013, she told me that after she had processed the transaction of 5 th

August, 2013, she had made a note of my name on a piece of paper. She had also scanned my Tesco Clubcard on three occasions. The name of my website would also have been printed (photos: www.nickfenney.com) on the duck calendar that I gave her three weeks before I gave her the contact details.

…late fifties… She would have been well-aware of my age as she had scanned my Tesco Clubcard on three occasions. She thought that I looked younger than I was.

…5 foot 11 inches… I am 6ft 2 in tall. She had remarked to me on 18th December, 2013, that she did not realise that I was so tall. She guessed that I was 6 foot 4 inches tall. She would have been exactly right. I would have been that height in the Clark’s ankle boots that I was wearing on that day. I am 6 foot 2 inches tall and the boots have 2 inch heels.

…bald/short hair. On each of the twelve occasions I have come into contact with her I was wearing a black, cashmere cap so

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http://www.nickfenney.com/



she could not have known anything about my hair. The fact that I would have been wearing a black, cashmere cap on each of these twelve occasions would be the one aspect that would distinguish my appearance and yet she makes no mention of it.

…wears a black jacket, this on two separate occasions… I do not have and therefore do not wear a black jacket. On the six occasions I saw her between 27th November, 2013 and 31st

January, 2014, I was wearing a three quarter length grey Melka coat made from 95% wool & 5% polyamide. On the 28th

November, 2013, she said “I like your coat”. On the 18th

December, 2013, she said, referring to the coat, “It’s not as good as I thought”.

I am confused as I have never given the impression that I was interested in him. My conduct was prompted by the comments/actions of Samantha Bryce on 5th August, 27th

August, 28th November and 18th December, 2013, respectively and it would be absurd to believe otherwise. For example, on 18th December, 2013, I visited www.tescocomments.com and commended her for providing excellent customer service: in her witness statement the prosecution witness states “I carried on really awkwardly and stayed quiet. This seemed to keep him quiet.” Whereas we talked non-stop for 3 or 4 minutes. Later that day I left a comment about her at www.tescocomments.com:Subject: Your Tesco Comments

From:


To: [email protected];Date: Wednesday, 18 December 2013, 14:47


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Comment: I was served by the indescribably gorgeous Samantha today. I was going to tell her that she was right, I do love her, and I was going to ask her if there was a cure available in store but there simply wasn’t enough time.634004024102840370

Her victim support statement is not credible as the key events to which it relates had not taken place. Furthermore, in her Linked-in profile she emphasizes her ability to “manage difficult customers”:“I feel that this role (Tesco Customer Service Assistant) has built on my previous ability to communicate effectively and work as part of a team. This was further enhanced by antisocial working hours and having to manage difficult customers, in order to comply with the law, but to also provide the best customer service possible.”

Stated Grounds of Appeal:

1. Approximately 75 prosecution facts are disputed:

The facts at issue.

I have approached this case from the perspective that the prosecution witness is corrupted and has retracted all her comments and has erased the past to the extent that it involved any interaction between us.

The charge:1). “Between 1st December 2013 and 4th February 2014 at Tetbury...” The event involving the calendar took place on 28th November, 2013.

The witness statement page one:1). I have held this position for six months.She could not have held this position for more than five months. She has not mentioned that she was previously employed as a Customer Service Assistant - as if she had something to hide - which I would regard as suspicious.2). Approximately a week before Christmas 2013…

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The event involving the calendar took place on 28th November, 2013, at approximately 12.06 pm. I retain the till receipt relating to the transaction. Samantha Bryce is employed in a managerial role at Tesco and even if she had forgotten the dates of key events she would have been able to access store records to discover and corroborate them.3). I was approached by a male…She was serving me at the time. I retain the till receipt relating to the transaction which potentially would bear her fingerprints and possibly other identifiers. When I entered the store she was not operating a checkout. She was in the vicinity of the checkout area at the far end of the store. I only purchased a few provisions yet when I returned to the checkout area a few minutes later she was operating a checkout and serving a female customer.

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4). …who I now know to be a Nick Fenney…She was well aware of my identity. We had become acquainted on the 5th August, 2013. I retain the till receipt for that transaction which potentially would bear her fingerprints and possibly other identifiers. She had informed me on both 27th

August and 28th November, 2013, that she had visited my website www.nickfenney.com. On the 27th August, 2013, she told me that after she had processed the transaction of 5 th

August, 2013, she had made a note of my name on a piece of paper. She had also scanned my Tesco Clubcard on three occasions.5). I was serving a customer at the time on the checkouts.When I entered the store she was not operating a checkout. She was in the vicinity of the checkout area at the far end of the store. She glanced in my direction and I glanced in hers. I only purchased a few provisions yet when I returned to the checkout area a few minutes later she was operating a checkout and serving a female customer. 6). Fenney came across and interrupted the current transaction…When I approached the checkout area via the tea/coffee/cereals aisle I could no longer see her in the checkout area and I had then assumed that she had gone to the staff area or to another part of the store. I went to the checkout facility with the least number of customers waiting in a queue. I placed my provisions on the conveyor belt. I looked up and saw that she was operating the checkout. She was serving a customer. I was the next customer. I did not come across and interrupt the current transaction. 7). …and thrust a large brown, envelop(e) in my hands.The calendar was loosely wrapped in brown lattice paper. It was not in an envelope.I had placed it at the very end of the checkout at the start of the transaction. The package was inside a purple shopping bag. I merely removed it from the bag and put the bag in my pocket. The calendar was not “thrust into” her hands. 8). I was speechless at the time…We conversed throughout the course of the transaction. At its closure I said “I’ve got something for you.” She said “Is it for me?” I said “Yes, it’s a calendar”. She said “Could you say that again? You speak so fast.” I repeated what I said. She said

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“Thankyou. I don’t have one. Oh next year’s you mean? You’ve made my day.” Prior to that she said that she looked forward to seeing me again, and she said that she would be on the checkout until Christmas.She was not “speechless at the time”. 9). I did not understand what was going on…She was aware that I had given her a calendar and she thanked me for it.10). I did not recognise him as I normally do my regular customers.She was well aware of my identity. We had become acquainted on the 5th August, 2013. I retain the till receipt for that transaction which potentially would bear her fingerprints and possibly other identifiers. She had informed me on both 27th


August, 2013, she had made a note of my name on a piece of paper. 11). Eventually I came off the checkouts and went in the staff area to open up this large envelop(e).As I was being served a female customer put her provisions on the conveyor belt. She said to Samantha “It’s alright if you want to open it.” As I was exiting the store Samantha opened the package and when she observed that the calendar had been personalised with the name of Samantha she burst-out laughing. A male manager remarked “You’re not really allowed to receive gifts. It’s not us. It’s security. It’s alright this time.” 12). What disturbed me the most was that the calendar was personalised and had my name on it.As I was exiting the store Samantha opened the package and when she observed that the calendar had been personalised with her forename she burst-out laughing.13). This included my surname – although not spelt correctly, was very disturbing.The calendar was only personalised with her forename. How would I have known her forename/surname if we had never met before? If I had known her surname then I could have contacted her via the Internet etc.I took a photograph of the front of the calendar at 1.22 pm on the 7th November, 2013. I uploaded low resolution copies of the photographs for the calendar to the www.photobox.co.uk

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website on 25th October, 2013 and then placed my order, order reference number 3588PVA). I retain a copy of the photograph and if you right click over the photograph in Windows Explorer, choose “Properties” from the right-click menu, and then click-on the “Details” tab you will see the date that the photograph was taken.On Friday 31st January, 2014, I visited www.tescocomments.com and commended Samantha for providing reasonable customer service. I left the following comment about her: “In my observation Samantha (Jansen?) has not been in an altogether happy disposition since the 28th

November, 2013. She is either in love or she is not eating enough mangoes and pineapples.” Furthermore, I addressed the Valentine’s Card to Samantha J (not to Samantha Bryce).14). I threw the calendar away at home, as I did not want it lying around…At approximately 12.41 pm on the 18th December, 2013, after processing the transaction, Samantha informed me that the calendar had been “ripped-up”. She said that she had “cried all night”. She went on to say that “My mum was alright about it. Do you know what she does to me? She might be alright with you. Don’t come round. Your name is a dirty word in our house.”

Comment about the scenario involving the calendar:The scenario created by the complainant is not credible. Here we are to envisage a mute complete stranger interrupting a transaction to give a calendar incorrectly personalised to a speechless complete stranger. There would have had to have been some connection between the two people. There is no description of my appearance and I evidently do not make any comment to her. If she was serving a customer and scanning items her eyes would have been downcast so I would not have appeared in her field of vision and she would not have observed my approach. Furthermore, her hands would not have been in a receiving posture. They would have been resting on the checkout or ready to scan another item. The description of this event is therefore a work of fiction and it has not been recalled from memory. So why was it created? In order to demonstrate an intent to harass.The idea of a calendar being personalised with a misspelt surname is ridiculous. If I had known her forename and had

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overheard her surname or had been informed of her surname then it would inevitably have been spelt Bryce” or “Brice”; if I had googled “Samantha Brice I would not have had any search results so I would then have known that she would not have been called “Samantha Brice” but rather “Samantha Bryce and so the surname would have been spelt correctly on the calendar. I would not have needed to contact her at her place of work for I could have potentially contacted her over the Internet. The calendar could potentially have cost £20.49 to print so I would have ensured that the details were correct before having it printed. The description of this event is therefore a work of fiction and it has not been recalled from memory. So why was it created? In order to introduce the idea of stalking. Most adults receive personalised items through the post several times a year, For example, Christmas cards, address labels. They are either created by charities seeking a donation or by businesses hoping to attract new customers. So it would seem unlikely to me that a person would genuinely find a personalised item “very disturbing”. This was a beautiful, high quality calendar and most strangers would have been perhaps surprised, perhaps flattered to have been given a copy of it. They would have made use of it not matter what they thought of the person who had created it. 15). The second encounter I had with Fenney was a couple of weeks later. The event involving the contact details took place on the 18th

December, 2013. I retain the till receipt for that transaction which potentially would bear her fingerprints and possibly other identifiers. This was our seventh encounter. The previous six encounters took place on 5th August, 12th August, 19th August, 27th August, 27th November, & 28th November, 2013, respectively.16). The signature of the complainant does not appear to match the body text.The level of intelligence manifest in the witness statement is inferior to the level of intelligence manifest in the “Linkedin” profile created by Samantha Bryce.

The witness statement page two:17). Everything was going along smoothly and suddenly I saw Fenney at the end of the conveyor belt.

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When the event involving the contact details took place, she neither observed me approach the checkout nor place my provisions on the conveyor belt as she was occupied with an elderly customer and looking in the opposite direction. When I approached the checkout Samantha was serving an elderly woman who had a Tesco Clubcard voucher for a free giant tube of Smarties (or some similar Christmas confectionery). The woman was asked by Samantha and then by a team leader if she wanted to use the voucher. She declined. I said “I’ll have it if you don’t want it.” Samantha burst out laughing and the elderly woman appeared to mistakenly think that I was making fun of her. While I was standing in the queue a female team leader offered me a mince pie from the Tesco Bakery.

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18). A team leader, which I cannot remember the name…I presume that is “whose name I cannot remember…” This statement is not credible. She could have easily discovered the person’s name if she had forgotten it. She states that she cannot remember it because the event subsequently described is false and she is uncertain as to whether or not she can rely upon a false witness.19). …asked customers to move on to another free checkout to speed up the process at the checkouts.I was not asked by a team leader to move to another checkout.20). Fenney did not move and remained behind other customers, but refused.When I approached the checkout, there were not any other customers there other than the person whom she was in the process of serving. This scenario is not credible. If she has been serving customers then she would not have looked in my direction. Once she had finished a transaction she would have made eye contact with the next customer. “Customers” in the given context would mean several, four, five, six maybe and I would not have been visible at the end of the conveyor belt. I would have been obscured or partially obscured by other customers. Only one or two customers would have placed their goods on the conveyor belt. There is no communication between her and the team leader in respect of myself and in the given circumstances the team leader would have personally asked me to go to another checkout or would have had the option of closing-down the checkout.21). My stomach just sank.As the event to which this statement relates did not take place then this statement is an evident falsehood.22). I felt apprehensive, as I did not know what he was going to do or give me. This statement is not credible because even if we were to believe her version of events, she had only been given a calendar.23). I was thinking to myself don’t talk to him.We conversed throughout the course of the transaction. For example, at the start of the transaction, I said to Samantha “I am sorry I didn’t ask you out in August. I wouldn’t know where to begin to explain why.” She said “Like that is it?” (and mentioned a female whom she thought I was associated with).

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She said “It’s alright I was going out with someone anyway. Daniel (?) said he didn’t know what you could see in me. I couldn’t get rid of him. I’m sorry for what I said. I got out of the wrong side of the bed. They wouldn’t say what it was all about.” She said that she didn’t realise that I was so tall and correctly guessed that I was 6 foot 4 inches (in my boots). I asked “what time do you finish today?” She replied “7 o’clock.” She said she couldn’t go out that night as she was going out with her mum and that she had also promised a date to somebody else. She indicated that she had problems with her mother. She said “Come in later, around 5 pm. I might be able to finish early”. She said she started work at 10 am and suggested I waited for her before she came in to work. I asked her if she was working over Christmas. She said that she would be working over the Christmas period.24). I know it was not allowed in my job but I was so scared what he was going to do.Again, this statement is not credible because even if we were to believe her version of events, she had only been given a calendar.25). He then asked me if I liked the duck calendar. I pretended that I did not hear and carried-on.I asked “Did you like the duck calendar?” To which she replied “I liked it but everyone took the piss out of it. If you were trying to impress me you failed. I was disappointed really. I don’t know how to say it…the photographs were too square on. Mine are better. I’ll show you some of mine.” Then in a quieter voice she said “They said that you didn’t do them.” She said that she would have preferred a calendar of the “tree photographs”. Although I did not believe that she had been “disappointed” with the duck calendar, I created another calendar for her: “Samantha’s Gromit at Westonbirt Arboretum Calendar”. At the end of the transaction she apologised for her insulting behaviour and said that it was the only way that she could speak to me.26). It was then that he made another comment about my horse.Prior to the 7th February, 2014, I had no idea that she had a horse. I have never had any discussion with her about horses. She did say on 28th November, 2013, that she liked the horse photographs on my website but she did not mention the fact that she rode a horse or that she had a horse.

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27). He gave the exact colour of the horse.Prior to the 7th February, 2014, I had no idea that she had a horse. I have never had any discussion with her about horses. The statement “he gave the exact colour of the horse” is a false statement.

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28). I got really scared then.The statement “I got really scared then” is a false statement as the event to which it relates did not take place.28). I do not know how he got to find out that I had a horse and in particular the actual colour.Prior to the 7th February, 2014, I had no idea that she had a horse. I have never had any discussion with her about horses. On the 8th February, 2014, the day following my arrest I viewed the photographs on her Facebook page. She would appear to have been photographed with six different horses and there is no indication that she owned any of them. But if I had KNOWN that she had a horse then I would have KNOWN its colour: how could you know a person had a horse and not know its colour? There would be nothing alarming or scary about knowing its colour.29). I was taken aback.The statement “I was taken aback” is a false statement as the event to which it relates did not take place. 30). He would go on and explain that the particular horse I had was notorious but beautiful.Prior to the 7th February, 2014, I had no idea that she had a horse. I have never had any discussion with her about horses. 31). I carried-on really awkwardly and stayed quiet.We conversed throughout the course of the transaction. 32). This seemed to keep him quiet.We conversed throughout the course of the transaction. 33). I did not look at him and felt that he was staring at me.We were engaged in conversation and gazing into each other’s eyes. At the end of the transaction she said “I would give you a kiss if you weren’t wearing that hat” and she said “You love me. I can tell.” On 18th December, 2013, I visited https://www.tescocomments.com/se.ashx and commended Samantha for providing excellent customer service. I left the following comment about her: “I was served by the indescribably gorgeous Samantha today. I was going to tell her that she was right, I do love her, and I was going to ask her if there was a cure available in store but there simply wasn’t enough time. 634004024102840370 I received an email acknowledgement from [email protected] Thank you for leaving a comment about your recent shopping trip. Your feedback helps us to improve for the future. All of the

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mailto:[email protected]

https://www.tescocomments.com/se.ashx


comments we receive are forwarded to the store and shared with the team. Once again thanks for taking the time to let us know. The message was sent at 2.47 pm Wednesday 18th

December, 2013. I left this message because Samantha had said to me “You love me. I can tell.” This was the third occasion on which she had made this remark to me. This message indicates that we had a romantic encounter.The statement “I did not look at him and felt that he was staring at me” is a false statement.34). (At) the end of the transaction, he was mumbling and got-out this piece of paper.I was not mumbling. I was speaking to her in a normal voice. I had retrieved the piece of paper bearing my contact details from my wallet while she was serving another customer.35). He was sorting-out his PIN number on a card machine and was searching in his pockets.In general I pay for all in store shopping in cash and (obviously) I pay for all online purchases with either a credit or a debit card. So I would not have paid for the goods with a debit or credit card. My debit and credit card statements for the period November 2013 to March 2014 would demonstrate the fact.36). He then presented a piece of paper to me.I did not present a piece of paper to her. I asked her if she would like my contact details. She said that “it would help” and I then gave them to her. 37). Instantly alarm bells started ringing. I was thinking back to the duck calendar. I said to him “No thank you.”I did not present a piece of paper to her. I asked her if she would like my contact details. She said that “it would help” and “if it’s small” and I then gave them to her. Samantha accepted the piece of paper, opened it up, scanned it, and concealed it about her person. I asked her if she could try and contact me as I had reason to suspect that any communication she sent to me would be intercepted. She said that she would try and contact me. She remarked “they’re doing the same thing to me.” I have not received any communication from her which would tend to confirm my suspicions.

The witness statement page three:38). …and in the other thrust what was in his pocket a piece of paper.

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I asked her if she would like my contact details. She said that “it would help” and I then gave them to her. My contact details were not in any of my pockets. They were inside my wallet which was in my right hand.39). This was an A4 white sheet of paper, which was flat when he gave it to me.This statement is questionable. I am pretty sure (but not absolutely certain) that I did not give her an A4 sheet of paper. I had printed the contact details onto an A4 sheet of paper and then removed the blank area surrounding the contact details with a kitchen knife. I had to fit the piece of paper bearing my contact details inside my wallet. I stored it in the pocket inside my wallet containing my business cards. The piece of paper was not “flat”, it was folded as I had placed it in my wallet.40). It all went quiet and I assumed that he had lost interest.I next saw her on the 8th January, 2014 (I believe it was) and I said “Hello” to her as she opened the adjacent checkout at approximately 2 pm. She scowled and did not respond immediately. She scrutinised me, lowered her eyes and, as she was turning around, said “I was right the first time. You are dishy.” A woman waiting to be served said to her “Is he harassing you? I’d report him to the police if I was you.” Samantha replied “It’s not like that at all. It’s the other way round. I’m harassing him. He turns me on.” (I would find it extraordinary that any person could impute harassment of another from the simple fact of observing a greeting). She made a few more comments with her back turned to me as I was leaving the store. The woman who had just served me said “the police won’t allow her to speak to you”. I returned to the store some thirty minutes later in order to try and engage her in conversation. But I could not see her anywhere. I do not retain either of the two till receipts for the transactions of 8 th

January, 2014, as I was in the process of decorating the interior of the house and the till receipts were probably thrown-away in confusion. I saw her at approximately 10 am on the morning of the 31st January, 2014. She made a few comments as I walked past her. I was unable to engage her in conversation as she was talking to two colleagues about work related issues.On Friday 31st January, 2014, I visited www.tescocomments.com and commended Samantha for providing reasonable customer service. I left the following

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comment about her: “In my observation Samantha (Jansen?) has not been in an altogether happy disposition since the 28th

November, 2013. She is either in love or she is not eating enough mangoes and pineapples.”41). I turned-up for work and was confused. I asked my boyfriend if he had something to do with it. He denied this.This scenario is not credible. No reasonable person would become “confused” at the sight of a Valentine’s Card. Any reasonable person would have opened it immediately and would have been flattered to receive it no matter who it was from. It was marked “not to be opened before Valentine’s Day” and the intended recipient would have more than likely respected the wishes of the sender. (Other than playfully), no reasonable person would have checked to see if it was from his or her partner for Valentine’s Cards are traditionally sent anonymously and so the sender would have been obliged to neither confirm nor deny sending it.42). There was a card with two scary looking rabbits on the front, which appears to be a print from a water colour, with the words “I Love You” at the bottom.This statement is not credible. The card was listed on eBay as a Valentine’s Card and the front of the card bears the inscription “I Love You”. The artist called the image “Summer Loving”. No reasonable person would find the image “scary”. I chose the Valentine’s Card “Summer Loving” because she had informed me on 28th November, 2013, that she was looking for someone to look after her. The image emphasizes the quality of caring. She said that she knew that I would look after her but recognised that I was “a bit old”. I chose the enclosed image of the “bedhares” because she had informed me on the same day that she didn’t like sleeping in a bed with a partner as she was continually woken-up during the course of the night. I thought that the image would make her laugh.The statement “appears to be a print from a water colour” is incongruous and would tend to suggest that the source of that information was the police and that the police had access to intercepted material.The animals portrayed are hares not rabbits.

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43). I have opened the card to find a separate postcard with two rabbits in bed. It took me awhile to realise what this meant.This statement is not credible. The image is not overtly sexual in character. It portrays the comfort and discomfort of a personal relationship. I found it amusing. She made several comments to me of a sexual character in the course of our discussions44). Also inside was a laminated fridge magnet again with two rabbits hugging, called “Summer Loving”. I found this offensive and very scary.This statement is not credible. The card was listed on eBay as a Valentine’s Card and the front of the card bears the inscription “I Love You”. The artist called the image “Summer Loving”. No reasonable person would find the image “offensive and very scary”. The image on the front of the fridge magnet is the same as the image on the front of the Valentine’s Card and yet the complainant fails to realise. I would suggest that the artist would find the complainant’s comments “offensive and very scary”.45). It was if he now was starting-up again.The statement “It was if he now was starting-up again” is a false statement because I sent the Valentine’s Card to her anonymously. Furthermore, I had never sent anything to her previously. She could not have known that I had sent it to her. She makes no mention of the fact that the image of the “bedhares” contained the words “It is” written in pencil in the top right hand corner. Samantha had previously indicated to me on the 27th August, 2013, and on the 18th December, 2013, that she would only form a relationship with me “if it was her”. 46). Just the thought of him watching me makes me feel nervous.This statement is not credible because I could not possibly be watching her so she would have no cause to feel nervous. To the best of my knowledge, I have seen her on approximately twelve occasions in the course of my life. The first time was on 26th April, 2013; the last time was on 31st January, 2014. Although on 28th November, 2013, she informed me that she saw me at a concert in 2011.

The witness statement page four:

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47). The store manager, Eddie, explained to me that Head Office had received complaints from an e-mail from Nick Fenney.I had not made any complaint relating to staff at Tesco Tetbury to Tesco Head Office. I submitted the following query via a web form at 2.41pm on Monday 3rd February, 2014:Additional Information: I note that the larger Tesco stores commonly employ security guards. Are the security guards employed by Tesco or are they hired by Tesco or would it vary from store to store? The other day I witnessed a security guard remark “Do not keep coming in here on the dole. We can’t accept it” in the Tetbury store. I assume the security guard was alluding to social security benefits. I do not know for certain which customer was the target of his remark but I am alarmed at such discourteous and offensive conduct which puts the safety of both staff and customers at risk. He also threatened to shut the doors on the customer.Now, tell me, is it the policy of Tesco to discriminate against customers in receipt of certain social security benefits?Nick Fenney www.nickfenney.comPlease reply by e-mail.My conduct has therefore been misrepresented by the store manager, Eddie Bodsworth.48). These ranged from making a complaint about the security guard…I did not make any complaint about the security guard. I stated that I had overheard him make a series of offensive comments to a customer. I contacted Tesco Head Office in order to discover whether or not he was employed by Tesco and in order to discover whether or not Tesco Head Office endorsed his comments. In her response to my query Sonia Ellwood stated that she would have the matter investigated for me. I replied “I would not wish you to investigate the matter at this stage but if I observe any further instance of misconduct I will email you full details of the incident. I was merely trying to gauge the opinion of customer service about such behaviour.”So, again, my conduct has been misrepresented by the store manager, Eddie Bodsworth.49). …to members of staff bullying me at work, calling me a “little slut” or “a mad bitch”.

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In an e-mail sent to Sonia Ellwood at 5.55 pm on Monday 3 rd

February, 2014, I wrote: “One acquaintance of mine, an employee, Samantha, informed me that she wasn’t allowed to speak to me unless she made fun of me. She is the victim of harassment in the workplace. I heard one member of staff refer to her as “a little slut” in December and another refer to her as “a mad bitch” on Friday. She told me that everyone made fun of her. I heard someone tell staff to stop making fun of her. He said that she was “a bit odd”.The precise comment I heard was “It’s you (reference to me) and that mad bitch” (reference to her). The “someone” was a male manager.Again, my conduct has been misrepresented by the store manager for I had cited one instance of someone calling her “a little slut” and one instance of someone calling her “a mad bitch” but the latter is sometimes used as a term of endearment amongst females. I stated that she was “a victim of harassment in the workplace” but I would make a distinction between “harassment” and “bullying” yet the reference to “bullying” may be a Freudian slip on the part of the store manager.50). I have a very good working relationship with my colleagues and neither is true.I did not suggest that she did not have a good relationship with her colleagues nor did I suggest that either statement was true. So the inference derived from my comments is misconceived.51). Security approached me and explained that Fenney was spotted around the petrol station area where I have been supporting the department on a late shift.I have never visited the Tesco “petrol station area”. I have a witness statement to account for my whereabouts during the evenings/nights of the week in question. The scenario is not credible. The security guard is not identified. The event is not timed and it would need to be timed in order to have any credence. There is no description of my appearance. The event presumably occurred in the hours of darkness. I would not have been immediately identified in relative obscurity. Even if I had known her surname, I could not have traced any information about her that related to the “petrol station area”. The disclosure of this information is suspicious as it is tantamount to disclosing her home address.

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52). I have had no contact with Fenney since the letter of e-mail details he thrust in my hand.We came into contact with one another on the 8th and on the 31st January, 2014. She has also stated that she received a Valentine’s Card from me. On Friday 31st January, 2014, I visited www.tescocomments.com and commended Samantha for providing reasonable customer service. I left the following comment about her: “In my observation Samantha (Jansen?) has not been in an altogether happy disposition since the 28th

November, 2013. She is either in love or she is not eating enough mangoes and pineapples.”The “e-mail details” were not thrust into her hand. I asked her if she wanted my contact details. She replied “Yes, it would help.”53). However, I still feel very intimidated by it.This statement is not credible. Even if we were to believe her version of events, she had merely been given a gift, a beautiful calendar, contact details and an affectionate Valentine’s Card. In the worst case scenario, it is not my conduct which is at fault but rather the state of mind observing it.54). During both incidents, I had Fenney under my observation for a minute; he just springs-up at a distance of a couple of feet away.On both occasions she stated that she was serving customers so her attention would not have been focused on me but rather on the customers that she was in the process of serving; and had it been focused on me then I would have been aware of it. On page two of the witness statement she has made a contradictory statement “I did not look at him as I felt that he was staring at me”. She qualifies the statement “During both incidents, I had Fenney under my observation for a minute” with the following clause: “he just springs-up at a distance of a couple of feet away”. If I sprung-up at a distance of a couple of feet away then I could not have been “under her observation” for a minute.If we were to believe her version of events I fail to see how I could have been under her observation for a minute on the first occasion as she had never seen me before.55). My visibility is always good…I presume she means “eyesight”. If her eyesight was “good” then she would have tracked my movements and so I would not have sprung-up at a couple of feet away.

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The statement “My visibility is always good…” is a false statement.56). The only object in my way would be the checkout.The checkout would not have been in her way unless she was under three foot tall. There would not usually be any signage obstructing her view. The customer she was serving may have partially blocked her vision. She was always standing when I saw her at the checkout.57). I do not know who this man is, not even as a regular customer.She was well aware of my identity. We had become acquainted on the 5th August, 2013. I retain the till receipt for that transaction which potentially would bear her fingerprints and possibly other identifiers. She had informed me on both 27th


August, 2013, she had made a note of my name on a piece of paper. She had also scanned my Tesco Clubcard on three occasions.58). I only know a name through head office and the note he thrust in my hand.She was well aware of my identity. We had become acquainted on the 5th August, 2013. I retain the till receipt for that transaction which potentially would bear her fingerprints and possibly other identifiers. She had informed me on both 27th


August, 2013, she had made a note of my name on a piece of paper. She had also scanned my Tesco Clubcard on three occasions. The name of my website would also have been printed (photos: www.nickfenney.com) on the duck calendar that I gave her three weeks before I gave her the contact details.

The witness statement page five:59). …late fifties…She would have been well-aware of my age as she had scanned my Tesco Clubcard on three occasions. She thought that I looked younger than I was. After putting the goods that I wanted to buy into my shopping basket I approached the

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checkout area at approximately 11.35 am on the 5th August, 2013. I went to the only checkout without a queue. I could not see who was operating the checkout from where I was positioned. After I had placed the goods onto the conveyor belt I looked up and I saw the young lady whom I know now to be Samantha (Bryce). She was serving an elderly woman. The woman remarked “You don’t know what beautiful girls go through.” I presumed that she was referring to Samantha. Samantha did indeed look radiantly beautiful on that day. I have to be honest I was absolutely dazzled. We barely spoke to each other until the close of the transaction. When I handed her a £20 and a £10 note, referring to the cash payment, she said “I haven’t seen that for a long time” as if I belonged in the Stone Age. She remarked “you’re the one who likes Gabrielle Aplin. I heard it on the radio.” When she scanned my Tesco Clubcard she realised that I was older than she thought I was but she said “it doesn’t matter”. She thought that I was in my thirties or my early forties. She said “you probably think I am too young. You’re probably looking for someone in their thirties”.60). …5 foot 11 inches…I am 6ft 2 in tall. She had remarked to me on 18th December, 2013, that she did not realise that I was so tall. She guessed that I was 6 foot 4 inches tall. She would have been exactly right. I would have been that height in the Clark’s ankle boots that I was wearing on that day. I am 6 foot 2 inches tall and the boots have 2 inch heels.The statement “5 foot 11 inches” is a false statement as I know that she was aware of my exact height. 61). …bald/short hair. On each of the twelve occasions I have come into contact with her I was wearing a black, cashmere cap so she could not have known anything about my hair. The fact that I would have been wearing a black, cashmere cap on each of these twelve occasions would be the one aspect that would distinguish my appearance and yet she makes no mention of it. On 27 th

August, 2013, she said “They said that you wouldn’t be seen without a hat.” Yet she has not mentioned my cap. On the 18th

December, 2013, she said “I would give you a kiss if you weren’t wearing that hat. I’d pull it off but I’d get sacked.”62). …wears a black jacket, this on two separate occasions…

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I do not have and therefore do not wear a black jacket. On the six occasions I saw her between 27th November, 2013 and 31st

January, 2014, I was wearing a three quarter length grey Melka coat made from 95% wool & 5% polyamide. On the 28th

November, 2013, she said “I like your coat”. On the 18th

December, 2013, she said, referring to the coat, “It’s not as good as I thought”.The statement “…wears a black jacket, this on two separate occasions… is a false statement.63). His accent doesn’t sound local, but mumbled at lot.I do not mumble but I do on occasions speak very fast. She commented on this on 28th November, 2013. She said “You speak so fast”.64). I have never been scared to walk into work before, until this last week in particular.This statement is not credible. Even if we were to believe her version of events, she had merely been given a gift, a beautiful calendar, contact details and an affectionate Valentine’s Card. In the worst case scenario, it is not my conduct which is at fault but rather the state of mind observing it.65). I am constantly looking over my shoulder even at home.This statement is not credible. Does she imagine that I am lurking in the lavatory? Even if we were to believe her version of events, she had merely been given a gift, a beautiful calendar, contact details and an affectionate Valentine’s Card. In the worst case scenario, it is not my conduct which is at fault but rather the state of mind observing it.66). It makes me scared that he has been thinking of me…This statement is not credible and, as with the previous statement, prognoses symptoms of paranoid delusion. Even if we were to believe her version of events, she had merely been given a gift, a beautiful calendar, contact details and an affectionate Valentine’s Card. In the worst case scenario, it is not my conduct which is at fault but rather the state of mind observing it.67). …and worried that he might know where I live.She had assumed that I knew where she lived for she said “Don’t come round” on the 18th December, 2013. She indicated that her mother might be a source of conflict were we to form a relationship.

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68). I am confused as I have never given the impression that I was interested in him. We had a mutual interest in one another. When she scanned my Tesco Clubcard on 5th August, 2013, she realised that I was older than she thought I was but she said “it doesn’t matter”. She thought that I was in my thirties or my early forties. She said “you probably think I am too young. You’re probably looking for someone in their thirties”. I retained the till receipt for this transaction and it is timed at 11.42 5th August, 2013 and could potentially bear her fingerprints and other identifiers. I also retain a Tesco Price Promise coupon to the value of £1.67 associated with this transaction. On the 27th August, 2013, she said “You love me don’t you? Let it go set it free…I love yooooou, everything about you. You are the only person who did not ask me out. In some ways you are very good. You don’t pester me. But in other ways…You love me and you won’t ask me out. You must know something I don’t… The time you take to get round to it that’s what worries me…They’re trying to stop you getting it. Next time ask me out. That’s all you’ve got to do. If you don’t ask you don’t get…You leave it all up to me…I’m sorry Nick I thought you were avoiding me…You don’t realise what you are like…I’m not allowed to speak to you. You get fined. I’ll be bankrupt by the end of the week…You’re worth it. You’re the only one who is…Mum…was so worried for me…She saw your name. I had written it down. After what they said to my mum you should sue them…I liked your website. It’s the most beautiful I have seen. I like the ones of the ducks...We like the same things...” She said that she had been “up half the night”. When we met on the 28th November, 2013, I said “How are you?” She said “I’m good. And you?” “I’m fine…” I replied. There was approximately 20 seconds silence. She said “It’s alright now. I had bought some Tesco honey. She said that she preferred Rowse honey and that it was currently on offer. I had bought some Carte Noire coffee and she said to a colleague that she would try some. After she had handed me the till receipt I said “I hope to see you again.” She replied “I look forward to it.” I was about to ask her out when she said “Leave it for a week. I am having problems with my periods. It’s because I’ve lost weight. They’ve stopped. I should come on tomorrow. I’m on a high fat diet. I am on the checkout up until Christmas. Don’t worry about the way you look. I’m sure you

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do. Just someone I can talk to; someone who would look after me; I know you would.” She said that she needed someone older.”At the start of the transaction on 18th December, 2013, I said to Samantha “I am sorry I didn’t ask you out in August. I wouldn’t know where to begin to explain why.” She said “like that is it?” (and mentioned a female whom she thought I was associated with). She said “It’s alright I was going out with someone anyway. Daniel said he didn’t know what you could see in me. I couldn’t get rid of him. I’m sorry for what I said. I got out of the wrong side of the bed. They wouldn’t say what it was all about.” I asked “what time do you finish today?” She replied “7 o’clock.” She said she couldn’t go out with me that night as she was going out with her mum and that she had also promised somebody else a date. She indicated that she had problems with her mother. She said “Come in later, around 5 pm. I might be able to finish early”. She said she started work at 10 am and suggested I waited for her before she came in to work. I asked her if she was working over Christmas. She said that she was working over the Christmas period. When the transaction had concluded she informed me that I had saved 6p (Tesco Price Promise). I said that I would spend it wisely. She said “I would give you a kiss if you weren’t wearing that hat. I’d pull it off but I’d get sacked.” She then apologised and said it was the “only way that she could speak to me”. She then said “You’ve made my day again.” 69). It has crossed my mind that he could be sinister.This statement is not credible. Even if we were to believe her version of events, she had merely been given a gift, a beautiful calendar, contact details and an affectionate Valentine’s Card. In the worst case scenario, it is not my conduct which is at fault but rather the state of mind observing it.70). I feel intimidated and uneasy by the whole episode that I am having difficulty in sleeping at night.This statement is not credible. Even if we were to believe her version of events, she had merely been given a gift, a beautiful calendar, contact details and an affectionate Valentine’s Card. In the worst case scenario, it is not my conduct which is at fault but rather the state of mind observing it.71). I am just so scared.This statement is not credible. Even if we were to believe her version of events, she had merely been given a gift, a beautiful

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calendar, contact details and an affectionate Valentine’s Card. In the worst case scenario, it is not my conduct which is at fault but rather the state of mind observing it.72). It’s the unknown and what’s going to happen next.This statement is not credible. Even if we were to believe her version of events, she had merely been given a gift, a beautiful calendar, contact details and an affectionate Valentine’s Card. In the worst case scenario, it is not my conduct which is at fault but rather the state of mind observing it.73). I now have to have male colleagues escort me in the car park to collect my car.This statement is not credible. Even if we were to believe her version of events, she had merely been given a gift, a beautiful calendar, contact details and an affectionate Valentine’s Card. In the worst case scenario, it is not my conduct which is at fault but rather the state of mind observing it.The statement “I now have to have male colleagues escort me in the car park to collect my car” is a false statement. By that I mean whether or not it is true the cause of action is false.74). I am only a few minutes away by foot but I feel the need to use my car because of this.This statement is not credible. Even if we were to believe her version of events, she had merely been given a gift, a beautiful calendar, contact details and an affectionate Valentine’s Card. In the worst case scenario, it is not my conduct which is at fault but rather the state of mind observing it. If a person had genuinely been harassed and lived in fear of another would he or she indicate where he or she worked at night and where he or she lived in a witness statement? Such information could be construed as an attempt to incite harassment.The statement “I feel the need to use my car because of this” is a false statement. By that I mean whether or not it is true the cause of action is false.

2. The court’s principal findings of fact are erroneous:As above.

3. The prosecution witness is not a reliable witness and that fact was proven under cross-examination. The fact that the prosecution witness was “upset” during cross-examination was a factor which fostered her credibility whereas she was “upset” because the defence had proven that she had come into

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contact with me on 5th August and on 28th November (contrary to her assertions) and because the calendar bore her forename and not her forename and misspelt surname:As above.

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4. The course of conduct I allegedly pursued would not have amounted to harassment in the view of any reasonable person:Even if we were believe the prosecution witness’s version of events all she had said to me prior to my arrest on 7 th February, 2014, was “no thank you” when I allegedly presented a piece of paper to her. She did not commission the calendar but she had indicated on the 27th August, 2013, that she liked the duck photographs on my website so I thought that she might appreciate a duck calendar. On the 28th November, 2013, when I gave her the calendar, we conversed throughout the course of the transaction. At its closure I said “I’ve got something for you.” She said “Is it for me?” I said “Yes, it’s a calendar”. She said “Could you say that again? You speak so fast.” I repeated what I said. She said “Thankyou. I don’t have one. Oh next year’s you mean? You’ve made my day.” Prior to that she said that she looked forward to seeing me again, and she said that she would be on the checkout until Christmas. On the 18th

December, 2013, I did not present a piece of paper to her. I asked her if she would like my contact details. She said that “it would help” and I then gave them to her. The e-mails were forwarded to Tesco Tetbury without my consent and the Valentine’s Card was sent to her anonymously. I was acquainted with Samantha Bryce and she had indicated that she would like me to ask her out on 27th August, 2013. Yet I did not see her again until 27th November, 2013. On the 28th

November, 2013, she said that she would be on the checkout up and until Christmas. Yet I did not see her again until 18 th

December, 2013. I wished to resolve the situation. So I felt that it would be best resolved by text or e-mail.On each occasion where the prosecution witness imputes harassment she would have been aware of my identity etc and so, if she had, as she says, suffered harassment, a civil remedy in the form of an harassment warning, either communicated by her, or by another, acting on her behalf, lay at her disposal yet she did not avail herself of this remedy.No reasonable person would have suspected that light hearted gestures such as giving another a gift/promotional sample, contact details and a Valentine’s card anonymously would give rise to a charge of harassment. Any reasonable person would have been flattered to receive the former and the latter regardless of his or her personal feelings for his or her admirer.

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It was not the prosecution witness who called-in the police; it was her father apparently.

5. It was not my conduct which was at fault but rather the state of mind observing it.Her reaction to benign and benevolent events is abnormal and maybe symptomatic of paranoid delusion and histrionic personality disorder.i. What disturbed me the most was that the calendar was personalised and had my name on it. This included my surname – although not spelt correctly, was very disturbing.(Most people commonly receive personalised samples nowadays). ii. I threw the calendar away at home, as I did not want it lying around. This was a high quality calendar and a free gift. Her reaction is abnormal.iii. My stomach just sank. I felt apprehensive, as I did not know what he was going to do or give me. I was thinking to myself don’t talk to him. I know it was not allowed in my job but I was so scared what he was going to do.iv. He gave the exact colour of the horse. I got really scared then.v. He then presented a piece of paper to me. Instantly alarm bells started ringing. I was thinking back to the duck calendar. I said to him “No thank you.”vi. Also inside was a laminated fridge magnet again with two rabbits hugging, called “Summer Loving”. I found this offensive and very scary.vii. Just the thought of him watching me makes me feel nervous.viii. I still feel very intimidated by it.ix. I have never been scared to walk into work before, until this last week in particular. I am constantly looking over my shoulder even at home. It makes me scared that he has been thinking of me and worried that he might know where I live.x. It has crossed my mind that he could be sinister. I feel intimidated and uneasy by the whole episode that I am having difficulty in sleeping at night. I am just so scared. It’s the unknown and what’s going to happen next. I now have to have male colleagues escort me in the car park to collect my car.

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6. According to information published on the CPS website “a prosecution under section 2 or 4 requires proof of harassment. In addition, there MUST be evidence to prove the conduct was targeted at an individual, was calculated to alarm or cause him/her distress, and was oppressive and unreasonable.” There was no evidence to prove that my conduct “was calculated to alarm or cause distress, and was oppressive and unreasonable.” As the prosecution does not satisfy the charging guidelines it lacks the burden of proof necessary to properly secure a conviction. The CPS informed me in writing that it was the police and not the CPS who charged me.

7. The prosecutor has not proven the critical facts of the case to the “appropriate level of certainty” required to establish my guilt and thus to properly secure a conviction (in fact most of the critical prosecution facts have been disproven).Critical facts of the case:i. She was unaware of my identity prior to the occasion on which I handed her my contact details.Disproven: she had served me and scanned my clubcard on 5th & 28th November, 2013; the calendar I have her on 28th November, 2013, contained my website address on every page.ii. “Fenney came across and interrupted the current transaction and thrust a large brown envelope into my hands.”Her statement is uncorroborated yet I provide a detailed description of events and adduce a till receipt for the 28th November, 2013, bearing her checkout identifier/input number proving that she was serving me at the time.iii. The cover of the calendar contained her forename and misspelt surname.Disproven: it contained her forename only. iv. “A team leader, which I cannot remember the name asked customers to move on to another free checkout to speed up the process at the checkouts. Fenney did not move and remained behind other customers, but refused.”Her statement is uncorroborated and were we to believe her calendar of events it could have so easily been corroborated in part or in full with Tesco security cctv footage. She says that she does not remember the name of the team leader yet it would have been very easy to find out his or her name. I could readily identify the woman who gave me a mince pie. If the

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incident had taken place then her checkout would have been closed down or she would have been replaced by another checkout assistant.v. “He gave the exact colour of the horse. I got really scared then.”Her statement is uncorroborated. I did not know that she had a horse or that she rode a horse until 8th February, 2014, when I googled her forename, surname and location in order to match the name to the person. I downloaded several photographs of her on 8th February, 2014. If you right-clicked on any of these photographs in Window Explorer and chose Properties from the right click/context menu, the metadata would show that the photographs were modified on 8th February, 2014, clearly indicating that they were downloaded on that date.vi. “He then presented a piece of paper to me. Instantly alarm bells started ringing. I was thinking back to the duck calendar. I said to him “No thank you.” I gave him a receipt with one hand and in the other thrust what was in his pocket a piece of paper.”Her version of events is uncorroborated as is mine yet I can provide a detailed version of events as my version of events is accurate and drawn from memory.vii. “I found this offensive and very scary; it was if he now was starting up again”.The Valentine’s card was sent to her anonymously and so she could not have known that I had sent it to her prior to the date on which she wrote her witness statement. The comments that she makes about it are not credible. For example, “Also inside was a laminated fridge magnet again with two rabbits hugging, called “Summer Loving”. I found this offensive and very scary. This image was the image that appeared on the front of the Valentine’s Card which was marketed as a Valentine’s card. Compare the title of the image with her comment and compare it with the 100% positive buyer feedback left on eBay for the seller “moonharesart” about similar artwork: “Beautiful picture, love it”; “Lovely picture thankyou”; “Absolutely beautiful - thank you”; “it’s fab” etc.viii. “…head office had received complaints from an e-mail from Nick Fenney…”.I sent the e-mails to Tesco Head Office and they merely expressed concern for the welfare of the prosecution witness; they were not sent to her personally; and the confidential e-

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mails were forwarded to Tesco Tetbury without my consent. Indirect harassment cannot be construed thus unless it was “aided, abetted, counselled or procured by another”. The e-mail correspondence between myself and Tesco Head Office clearly demonstrates that I did not make any formal complaint and I did not ask Tesco Head Office to investigate any matter and that the confidential e-mails were sent to Tesco Tetbury without my consent:

Subject: TES5001604NI: Re your recent enquiry

From:


To: [email protected];

Date: Monday, 17 February 2014, 8:37

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Dear Nick Fenney

I understand that you did not wish for this to be investigated. As you raised staff issues the information was sent to the store as I felt this needed to be sent as feedback. The Store Manager felt this needed to be looked into so did an investigation with the information you provided. This is how the Police became involved.

The Store Manager has advised that you are banned from the store and the issue is closed. If you have any concerns you will need to speak to the police.

We do keep transaction data for customers.

I'm unable to advise if we keep records of time staff worked.

Cards should be declined but this would be at the Managers discretion.

I am unable to reply to any further contact regarding this matter.

Kind regards

Sonia EllwoodTesco Customer Service

Subject: Re: TES5001604NI: Re your recent enquiry

From: Nick Fenney ([email protected])



Dear Sonia Elwood,

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thank you for your email. The incident in question occurred at approximately 10. 10 am on Friday 31st January, 2014. I would not wish you to investigate the matter at this stage but if I observe any further instance of misconduct I will email you full details of the incident. I was merely trying to gauge the opinion of customer service about such behaviour… Kind regards, Nick Fenney. ix. “Security approached me and explained that Fenney had been spotted around the petrol station area.”I have an alibi and I do not own a motor vehicle so I would not have had any cause to visit the petrol station area.

8. On each occasion where the prosecution witness imputes harassment she would have been aware of my identity etc and so, if she had, as she says, suffered harassment, a civil remedy in the form of an harassment warning, either communicated by her, or by another, acting on her behalf, lay at her disposal yet she did not avail herself of this remedy; she did not avail herself of this remedy because she had not suffered any harassment for her witness statement was fabricated retrospectively in order to misrepresent and incriminate my behaviour; but if it were otherwise she would have been the author of her own misfortune if, as she says, she had continued to suffer harassment;

9. There was no reliable evidence by which the magistrates could impeach my integrity as the prosecution witness’s statement was uncorroborated and my defence statement was corroborated.

10. The restraining order imposed was wholly inappropriate in view of the fact that I had never personally contacted the prosecution witness prior to the charge other than to send her a Valentine’s Card anonymously (for we came into contact with one another on every occasion coincidentally) and I had never on any occasion sought to contact her once I had been charged; any evidence to the contrary is entirely fictitious. Furthermore, I had not been asked by the magistrates as to whether I would contact her again or not.

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Exhibit 1. The Tesco till receipt handed to me by Samantha Bryce on 5th August, 2013.

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Exhibit 2. The Tesco till receipt handed to me by Samantha Bryce on 28th, November, 2013.

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Exhibit 3. The Tesco till receipt handed to me by Samantha Bryce on 18th December, 2013.

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Exhibit 4. Photo of the Duck Calendar.

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Exhibit 5. The duck calendar photograph’s “date taken” property has the value 07/11/2013 13.22. This clearly shows that the photograph was taken on 7th November, 2013. You can view the properties of a photograph by right-clicking on it in Windows Explorer and choosing Properties from the right-click/context menu. You can save a copy of the data shown in any of the Properties’ windows/tabs by selecting the window with the Windows 8.1 Pro Snipping Tool etc.

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Exhibit 6. The “date taken” property of the photograph of Samantha Bryce included in the defence file that I e-mailed to James Ford on 13th February, 2014, has the value 09/02/2014 08.51. This clearly shows that the photograph was downloaded on 9th February, 2014.

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Exhibit 7. The e-mail correspondence between Tesco Head Office and myself 17th February and 3rd & 4th February, 2014:

Subject: TES5001604NI: Re your recent enquiry

From: [email protected] ([email protected])



Dear Nick Fenney

I understand that you did not wish for this to be investigated. As you raised staff issues the information was sent to the store as I felt this needed to be sent as feedback. The Store Manager felt this needed to be looked into so did an investigation with the information you provided. This is how the Police became involved.

The Store Manager has advised that you are banned from the store and the issue is closed. If you have any concerns you will need to speak to the police.

We do keep transaction data for customers.

I'm unable to advise if we keep records of time staff worked.

Cards should be declined but this would be at the Managers discretion.

I am unable to reply to any further contact regarding this matter.

Kind regards

Sonia EllwoodTesco Customer Service

To: [email protected]: [email protected]: 03/02/2014

Subject: Re: TES5001604NI: Re your recent enquiry

Dear Sonia Elwood,

50


thank you for your email. The incident in question occurred at approximately 10. 10 am onFriday 31st January, 2014. I would not wish you to investigate thematter at this stage but if I observe any further instance of misconduct I willemail you full details of the incident. I was merely trying to gauge the opinionof customer service about such behaviour.

I would not generally spend more than 15 minutes in the store per week and week in week out I observe some form of intimidatory behaviour or another. One acquaintance of mine, an employee, Samantha, informed me that she wasn’t allowed to speak to me unless she made fun of me. She is the victim of harassment in the workplace. I heard one member of staff refer to her as “a little slut” in December and another refer to her as “a mad bitch” on Friday. She told me that everyone made fun of her. I heard someone tell staff to stop making fun of her. He said that she was “a bit odd”. She is a very lovely sensitive articulate young womanadapting to her role in the workplace. Again, I would not wish to have these issuesinvestigated at this stage. There are many people I know who remark that they “hate going in Tesco”. I would not say that personally. But then I am as laid back asJamaica and embrace freedom of expression so I couldn’t really care what anyonesays.

Kind regards,Nick Fenney.

From: "[email protected]" <[email protected]>To: [email protected] Sent: Monday, 3 February 2014, 15:38Subject: TES5001604NI: Re your recent enquiry

Dear Mr Fenney

Thanks for contacting us.

I can confirm that all security guards are employed through 3rd party companies.

I'm sorry for the poor service from one of the security guards that you witnessed, this is unacceptable behaviour.

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Please reply and advise what time and date you visited the Tetbury store and also provide the name/description of the security guard. I will then have this investigated for you.

I look forward to your reply.

Kind regards

Sonia Ellwood

Tesco Customer Service

.................. Original Message ..................

To: [email protected]

From: [email protected]

Received: 03/02/2014

Subject: Tesco Customer Service Enquiry Call Form

Title: Mr

First Name: Nick

Surname: Fenney

Phone: 01666503488

Mobile: 07511923412

Email: [email protected]

Option: Other

Wish a reply: yes

Additional Information: I note that the larger Tesco stores commonly employ security guards. Are the security guards employed by Tesco or are they hired by Tesco or would it vary from store to store?

The other day I witnessed a security guard remark “Do not keep coming in here on the dole. We can’t accept it” in the Tetbury store. I assume the

52


security guard was alluding to social security benefits. I do not know for certain which customer was the target of his remark but I am alarmed at such discourteous and offensive conduct which puts the safety of both staff and customers at risk. He also threatened to shut the doors on the customer.

Now, tell me, is it the policy of Tesco to discriminate against customers in receipt of certain social security benefits?

Nick Fenney www.nickfenney.com

Please reply by e-mail.

This is a confidential email. Tesco may monitor and record all emails. The views expressed in this email are those of the sender and not Tesco.

Tesco Stores Limited

Company Number: 519500

Registered in England

Registered Office: Tesco House, Delamare Road, Cheshunt, Hertfordshire EN8 9SL

VAT Registration Number: GB 220 4302 31

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Documents

Nick Fenney_Appeal Hearing Defence Statement