INDICTMENT

IN THE CROWN COURT AT CARDIFF

THE QUEEN –v- JOSHUA LEWIS

JOSHUA LEWIS is charged as follows:-

STATEMENT OF OFFENCE

Assault Occasioning Actual Bodily Harm, contrary to section 47 of the Offences Against
the Person Act 1861

PARTICULARS OF OFFENCE

Joshua Lewis on the 13th day of November (last year), assaulted Anthony Powell
thereby occasioning him actual bodily harm.

Officer of the Court

WITNESS STATEMENT
 (CJ Act 1967, s.9; MC Act 1980 ss.5A(3)(a) & 5B;CrPR)

STATEMENT OF: Anthony Powell

Age (if under 18) Over 18
(if over 18 insert "over18")
Occupation: Team Leader, Staples Office Supplies
_____________________________________________________________

This statement, (consisting of 3 pages signed by me) is true to the best of my

knowledge and belief and I make it knowing that if it is tendered in evidence I shall be
liable for prosecution if I have willfully stated in it anything which I know to be false or do
not believe to be true

Dated: 14th November (last year)

Signed: Anthony Powell Witnessed by: David Trent PC

_____________________________________________________________________________
__

I am the above named person and I live at the address shown overleaf. I am a Team
Leader at Staples Office Supplies, Cardiff, undertaking stationery orders and general
duties.

Until September (last year), I was going out with a fellow employee called Dawn
Bowen. She was part of my Team and we met at the induction in the first week of our
employment, a year ago. From there on we were boyfriend and girlfriend. We were
very close and it was a sexual relationship. We decided to split up in September
because my Territorial Army commitments were becoming greater.

I did not feel upset at the end of this relationship. I had had girlfriends before with
whom I had split up. The decision to split was entirely mutual. Dawn must have
approached our boss to ask to be placed in a different Team group. I asked her about
why she had done this and she said she felt it was better. I did not disagree.

In October (last year), I realized that Dawn had become involved with another
employee called Joshua Lewis. I did not know him before he was taken on in

the Cardiff office. He was a salesman and always seemed to have a lot of spare time
on his hands. He invariably would be hanging around the reception desk where Dawn
works, and the Railway Arms where we often go for a drink after work. Once it dawned
on me that he and Dawn were an item, I thought little of it, she had her life and I had
mine. I was completely uninterested in what Dawn did or who she went out with.

Incident:
A works party was organised at the Railway Arms for the 13 th November (last year). I
was not bothered about going because I had to get up early the following day to go for
Territorial Army training. However, I agreed to go because my mate Tom Cooke was
very keen. We met at the Slug and Lettuce at about 8 p.m. where I drank a couple of
glasses of Coke.
From the Slug and Lettuce we went to The Railway Arms. We got there about 10 p.m.
Closing time was going to be at 11.45 p.m. so we had plenty of time. The place was
packed. I didn’t know most of the people there. However, I did notice Joshua Lewis
there. I was cool about this. I then noticed Dawn. I was happy to ignore them and told
Tom of this fact. After a while I went for a dance and had the feeling that I was being
watched. I looked to the side of the dance floor and saw Joshua and Dawn were
looking at me and laughing. I mentioned this to Tom and he told me not to sink to their
level.

This behaviour by Joshua and Dawn went on most of the time we were at The Railway
Arms. They would either be staring at me or laughing at me. I did my very best to
ignore them but it did begin to get me down. Towards the end of the evening I went to
the toilet. When I came out I saw Joshua on his own and decided to go and have it out
with him. By that I mean to talk to him sensibly before things got out of hand. I asked
him why he and Dawn had been staring at me. I was very calm and did not even raise
my voice. I told him that there was no bad feeling between us on my part and therefore
no reason for him and Dawn to act like they were. At this point he became very

aggressive, shouting at me that I was a “loser” and a “wanker”. I was taken aback by
this response and waved my hand at him in a dismissive gesture as I walked away.

I couldn’t find Tom then and I decided that I’d had enough for one night and would go
home. I then began to walk home. This was about 11.30 p.m. I think although I was
not really keeping my eye on the time. I realised that I had not eaten since I’d had a
burger at lunchtime and decided to go to a pizza takeaway restaurant which happened
to be near Dawn’s street. This was entirely a coincidence. I liked these pizzas and
wanted one. To my horror I saw Joshua and Dawn were in there as I walked in.
Before I had time to walk out Joshua turned to look at me and said “look at what’s just
come in”. I said that there was no need for this and began to walk backwards out of the
door. However, Joshua said “you’ve been asking for this” and punched me with no
warning to my face. The punch connected with my eye and I fell backwards. I was in
immense pain and I must have hit something as I fell because I damaged my shoulder.

I passed out when I was struck. After a short time I came around and Joshua and
Dawn were gone. Paramedics were present and I was taken to hospital. There I was
diagnosed with a black eye and a dislocated shoulder.

The casualty doctor treated my eye and bruising. She gave me painkillers and told me
to take it easy for a couple of days. I was discharged home then. I went to the police
station and made a complaint about what had happened to me on the 14 th November.

I am willing to attend court and give evidence if required and am fully supportive of a
prosecution in this matter. The attack to which I was subjected was completely
unprovoked.

Signed: Anthony Powell Witnessed by: David Trent PC

 WITNESS STATEMENT

(CJ Act 1967, s.9; MC Act 1980 ss.5A(3)(a) & 5B;CrPR)

STATEMENT OF: Tom Cooke

Age (if under 18) Over 18
(if over 18 insert "over18")
Occupation: Administration Assistant
_____________________________________________________________

This statement, (consisting of 3 pages signed by me) is true to the best of my

knowledge and belief and I make it knowing that if it is tendered in evidence I shall be
liable for prosecution if I have willfully stated in it anything which I know to be false or do
not believe to be true

Dated: 14th November (last year)

Signed: Tom Cooke Witnessed by: David Trent PC

_____________________________________________________________________________
___

I am the above named person and I live at the address shown overleaf. I am an
Administration Assistant at Staples Office Supplies, Canton, Cardiff. I have worked
there for two years. I am friendly with the Complainant in this case, Anthony Powell.

I know that Anthony used to go out with Dawn Bowen although I did not really know
them as a couple. In fact, I did not see much of Anthony when he was going out with
Dawn, as he preferred to spend time with her rather than his mates if he could. He
seemed besotted with her and was very upset when they separated. Some nights he
would talk about little else. However, by the time of the incident on 13 th November (last
year), I believed that he was over her.

I hardly ever saw Dawn after she and Anthony split up. I do not know if she had found
someone else.

It was Anthony who suggested that we go to the work party at The Railway Arms. I was
lukewarm about the whole thing as I had an Italian class I had to be at early the
following day, Saturday.
Nevertheless, on 13th November I did agree to go with Anthony and met him at the Slug
and Lettuce. He seemed to be in very high spirits and keen to get drunk very quickly.
He drank about 6 rum and blackcurrants in the Slug and Lettuce before we went on to
the Railway Arms. He did mention after the drinks that he knew Dawn was seeing
another bloke but that he “didn’t give a toss”. I thought it was a bit odd that he
mentioned her out of the blue but did not pursue the subject. I thought that maybe he
was trying a bit too hard to convince me that he was fully over her.

We bought a couple of rounds of drinks at the Railway Arms. At some stage we went
to the dance floor but it was pretty full in there. Shortly after we had a dance I noticed
Dawn with a male who I now know to be Joshua Lewis. They appeared to be staring
and gesturing at Anthony. I thought this was rather childish as, after all, she had
dumped him rather than the other way round. They were obviously having a laugh at
Anthony’s expense. He was clearly upset by this and pointed their behaviour out to me.
We decided to ignore them and we went for another dance. I thought it might be better
to take Anthony’s mind off her. At one stage I was dancing on my own near Dawn and
Joshua when I heard Dawn shout “loser” and “wanker” at Anthony. I do not think
Anthony would have heard that because it was so loud in there. I also heard Joshua
call Anthony a “prat” and a “prick” but am unsure if Anthony heard that. I am sure that
these were the words used. I also recall that he shouted to Dawn that Anthony
deserved a “good kicking”. I regret to say that I did nothing about this except to tell
Anthony the gist of what they had been saying.

Anthony was annoyed rather than unnerved at this and went to the bar and got himself
another drink. This was a Bacardi Breezer which is quite a strong alcoholic drink. He
then said in my ear “if that twat Joshua wants a fight then he’s come to the right place”.
I was disappointed to hear this and told him to

calm down and forget the whole episode. In truth, I was getting a bit fed up with the
situation now and decided to go and chat to one of the girls from the Bristol branch of
our office who had just shown up.

I was vaguely aware of Anthony speaking to Joshua a bit after that but do not know
what was said. They spoke near the male toilet but it was crowded. I didn’t have a
very clear view but did see Anthony waving his hands in a defensive gesture at Joshua.

I spent about a further half an hour (until 11.40 p.m.) at the Railway Arms before I
decided to leave. I then realised that I had not seen Anthony for a while and became a
bit concerned for him. He was nowhere to be seen and neither were Joshua or Dawn.

On my way home I was walking past a pizza takeaway restaurant. I happened to

glance in and saw Anthony being attacked by Joshua. I was shocked to see this.
Joshua punched out at Anthony after Anthony put 2 fingers up at Joshua. Dawn
seemed to be egging Joshua on. I saw all of this from outside the restaurant and ran in
to try and stop it. I was too late as Anthony fell backwards and hit his head on a plastic
table nearby. He appeared to lose consciousness. Joshua walked past me showing
no concern at all for Anthony. In fact, he said “Do you want some as well?” to me.

I asked the restaurant owner to call an ambulance, which he did. I stayed with Anthony
until it arrived but did not go to the hospital with him. By the time it arrived he had come
around but was a bit drowsy.

I have not seen Joshua or Dawn since this incident.

I am willing to attend court and give evidence if required.

Signed: Tom Cooke Witnessed by: David Trent PC

 WITNESS STATEMENT

(CJ Act 1967, s.9; MC Act 1980 ss.5A(3)(a) & 5B;CrPR)

STATEMENT OF: Karen James

Age (if under 18) Over 18
(if over 18 insert "over18")
_____________________________________________________________

This statement, (consisting of 2 pages signed by me) is true to the best of my

knowledge and belief and I make it knowing that if it is tendered in evidence I shall be
liable for prosecution if I have willfully stated in it anything which I know to be false or do
not believe to be true

Dated: 20th November (last year)

Signed: Karen James Witnessed by: David Trent PC

_____________________________________________________________________________
__

I am a Doctor employed by the Cardiff and Vale NHS Trust at the Heath Hospital,
Cardiff, in the Accident and Emergency Unit.

I was on duty there on the shift covering 13 th and 14th November (last year). I make this
statement having refreshed my memory from the notes of the examination made
contemporaneously.

I had cause to examine Anthony Powell (DOB: 26/10/ [26 years ago]) on the 14 th
November at 12.30 a.m. He had been brought to A&E by ambulance. He gave a
history of having walked into a lamp post on the way home which I did not think
matched the injuries I found. However, I did not press him on this. He was under the
influence of alcohol but was quite coherent.

He had a black eye which was swollen. He also had a swelling to the back of his head
where it appeared to have come into contact with a hard object. He also said that he
had dislocated his shoulder but I advised him that it was just bruised.

I treated his injuries and gave him a course of painkillers. I gave him general advice
about his eye injury. He was likely to be in discomfort with it for a few weeks.

No follow up appointment was advised although Mr Powell was advised to see his GP
as soon as he got home. He will not need an operation for this injury.

Signed: Karen James Witnessed by: David Trent PC

 WITNESS STATEMENT

(CJ Act 1967, s.9; MC Act 1980 ss.5A(3)(a) & 5B;CrPR)

STATEMENT OF: PC 591 David Trent

Age (if under 18) Over 18
(if over 18 insert "over18")
OCCUPATION: Police Officer
_____________________________________________________________

This statement, (consisting of 2 pages signed by me) is true to the best of my

knowledge and belief and I make it knowing that if it is tendered in evidence I shall be
liable for prosecution if I have willfully stated in it anything which I know to be false or do
not believe to be true

Dated: 15th November (last year)

Signed: David Trent PC Witnessed by: Stuart Howard PC

____________________________________________________________________

I am Police Constable 591 of the South Wales Constabulary, currently stationed at

Cardiff Central Police Station.

I was on duty on the 14th November (last year) at Cardiff Central Police Station. I
received a complaint of an assault from Anthony Powell who told me of an incident in
which he was punched and kicked in a takeaway restaurant by a person by the name of
Joshua Lewis. He suffered a black eye and bruising.

Acting on information I was given by Mr Powell, I went to Staples Office Supplies in

Canton where I contacted Joshua Lewis. I made an appointment for him to attend at
Cardiff Central Police Station later that day. He did so and I saw him in the foyer and
arrested him. He was accompanied by his Solicitor Keith Bishop.

I interviewed the Defendant later that day on CD (Exhibit no. 1, Ref. No. DT/1). I
summarised the interview and produce a copy of that summary (Ex. No. 2, Ref. DT/2).
The interview took place between 14.15 and 14.30 p.m.

I later charged Joshua Lewis with assault occasioning actual bodily harm after
consultation with the CPS. I cautioned him and he replied, “He started it”.

I played no further part in the investigation.

Signed: David Trent PC Witnessed by: Stuart Howard PC

 RECORD OF TAPED INTERVIEW

Person interviewed: Joshua Lewis

Date of interview: 14th November (last year)
Times of interview: 14.15 – 14.30
Place of interview: Cardiff Central Police Station
Interviewing Officer(s) PC 591 Trent
PC 268 Howard
Other person(s) present: Keith Bishop (Solicitor)
_____________________________________________________________

SUMMARY
The Defendant was reminded that he was entitled to free and independent legal advice
and that he did in fact have a Solicitor present. He was told what would happen to the
tapes at the end of the interview. He was then reminded that he was under caution and
he confirmed that he understood the words of the caution.

591: Do you understand why you have been arrested?

DP: He, Anthony, has been jealous of me and Dawn ever since she dumped
him. He’s trying to get back at her by pinning this on me.
591: How did it all start that night?
DP: Dawn and I were just out to enjoy ourselves and have a good time and a
laugh. He was glaring at us all night – he might have thought we were
having a joke at his expense.
591: Were you?
DP: In no way. He’s been childish about all of it. He came up to me near the
toilets and began to have a go at me but I told him to clear off.
591: Weren’t you the aggressor by the toilets?
DP: No, not me – him. He was pointing and gesturing at me.
.
591: What about in the takeaway?
DP: He came in and said, “Why are you bastards following me?” This was a
bit odd I thought because we were in there first. He then lunged at me. I
had to do something to stop him as I believed he would injure me. I put
my hands out to prevent him hitting me. This happened very quickly. He
must have run onto my hand. He then fell onto the floor and hit his head
on the way down. I was not looking for a fight or for trouble.
591: Did you stay and help him?
DP: Get lost! He might have got up and had another go. I shot off.

Interview terminated at 14.30.

 Defence statement

In the Crown Court at Cardiff

R v. Joshua Lewis

Defence statement on behalf of Joshua Lewis

(s 5, 6A and 6C of the Criminal Procedure and Investigations Act 1996)

1. Joshua Lewis denies the allegation of assault occasioning actual bodily harm
alleged against him arising from an incident on 13 th November (last year).

2. It is admitted that Joshua Lewis punched Anthony Powell once to the face, but it
is contended that Joshua Lewis was at all times acting in lawful self-defence.

3. In particular the defence deny the following matters:

a. That Joshua Lewis harboured any resentment or bad feeling against

Anthony Powell;

b. That Joshua Lewis or Dawn Bowen were in any way provoking or making
fun of Anthony Powell in the Railway Arms:

c. That Joshua Lewis called Anthony Powell derogatory names or made any
threats towards him whilst in the Railway Arms, or at all;

d. That Joshua Lewis attacked Anthony Powell in the Takeaway referred to

in the prosecution papers in the manner described by Anthony Powell in
his witness statement;

e. That Joshua Lewis made a threat to Tom Cooke in the said Takeaway.

4. Further the defence will say that:

a. Anthony Powell was the aggressor on 13 th November; - put

b. Anthony Powell was intoxicated on 13 th November;

c. Anthony Powell has harboured bad feeling and resentment against

Joshua Lewis since Mr Lewis started a relationship with Dawn Bowen;

d. Anthony Powell made an aggressive lunge towards Joshua Lewis in the

Railway Arms; - put

e. Anthony Powell attacked Joshua Lewis in the Takeaway and that Joshua
Lewis punched Anthony Powell once to the face to stop this attack.

f. The force used by Joshua Lewis was reasonable and necessary to

lawfully defend himself.

Signed: Joshua Lewis. Dated: