MARSHA NEWBY EVIDENCE

Q In may this year did you live in the Pennywell estate
A Yes
Q Is your immediate neighbour AB
A Yes
Q Who do you live with
A My child – Adam
Q Did you have a partner Shaun Fairweather
A Yes
Q 18th of May can you remember it
A Yes
Q Where were you during the day
A In the house
Q Was your child with you
A Yes
Q Did Shaun visit you
A Yes
Q Do you have a telephone
A No just a mobile
Q Do you use someone else's
A Yes, I used Shaun's mother's
Q Did you go next door
A Yes I tried AB first
Q Did you place an order
A. Yes for food
Q Did you go home
A Yes
Q When you went to AB's was Kevin and AB in
A Yes
Q What time was it you went there
A About 6.50pm
Q Did you takeaway arrive
A Yes
Q During the course of the night did you pop out
A Yes I went to the garage
Q Did you keep a receipt
A Yes
Q What time was it
A 9.41pm
Q Did you have a bath that night
A Yes about 11pm
Q Do you have a TV in your bedroom
A Yes
Q Were you watching a programme
A Yes two pints of later and a packet of crisps
Q That was the programmes name
A Yes
Q Did you watch it al
A Half of it
Q Did there come a time when a sound caught you attention
A Yes Kevin was shouting
Q Is his voice distinctive
A I knew it was Kevin
Q Could you hear what he was saying
A Yes – I turned the TV down to hear
Q What did you hear him say
A He said I don't have to get away from my window
Q Where were you
A At my bedroom window
Q When you look out does your window look on to Partick Road
A Yes
Q Can you see clearly onto the street
A Yes
Q As you look out can you see anyone
A Yes
Q Was it anyone you knew
A No
Q Was the person male or female
A One male
Q As you looked out where was he
A Standing at my gate facing AB's house
Q Could you still hear Kevin
A Yes
Q Could you hear the male saying anything
A Yes
Q What was he saying
A Telling to Kevin to come outside saying 'get outside you daft cunt'
Q Can you remember what he looked like
A 17-19 years old, white male, wearing a cap, hair was mousey blond,
cap had white on it, high cheek bones and drawn in face, big nose,
local accent, tracksuit, dark in colour, scarf or his tracksuit
top was pulled up
Q Was Kevin still indoors
A Yes, my top bedroom window was open
Q Did you hear a door
A Yes
Q How long was it after this invitation to go outside was it
that you heard the door
A 30 seconds, it was AB's front door
Q Did you see anyone come out
A Kevin
Q What did he do
A He went onto the pavement when provoked, he stayed at
his gate before this
Q Was your window open or closed
A The top was not the side one, I opened this after Kevin
came out
Q Did that give you a wider view
A Yes
Q How many people could you see
A The male at the gate was telling him to come around the
corner using a beckoning motion with both hands,
he was saying come around here
Q At that time was Kevin at his door
A Just stepped out of his gate
Q Where was that man
A Just next to the corner of Partick Road
Q Had you seen only Kevin and this man
A Yes
Q Did Kevin reply
A Yes he said he'll have them one by one, not the three of
them, Kevin was walking past mine towards them
Q Did you see any more
A Yes
Q When
A When Kevin said he did not want fight them I looked
out the window and saw 2 other people, males
Q Did you move
A Yes, to the landing window
Q And can you see the junction
A Yes
Q How many people were there
A Four including Kevin
Q Can you give a description
A Yes
Q We will call them 2 and 3, tell me about 2
A 5'6”-5'7”, dark hair, dark clothing, male 3 was 5'9”,
dark hair, dark clothing, they had similar clothing on
Q What was the first male doing
A He was still around the corner moving backwards facing Kevin,
Kevin was getting closer to the other 2 men, they were not moving
Q Did Kevin walk towards them
A Yes
Q Was either of the two men doing anything
A No
Q Who was gesturing
A Just one
Q How close to each other did they come
A About 2 foot
Q Were they in a line where one was in the middle
A They were in a semi-circle, male 1 was on the right hand side
on the road, Kevin was approaching the group, he got about 2 foot away.
Male 2 was making a motion with his hand from his chest to his full
extent outwards
Q Where was Kevin
A In front of male 2
Q Where was male 1
A Closing in – as was male 3. Male 3 was the furthest away,
about 3-4 foot away
Q Did you see anything in that hand
A No
Q How did he react
A Kevin took a foot back about 3 times
Q It caused contact
A I can't recall
Q What did you think
A He's got a knife
Q But you didn't see one
A No
Q What were the other's doing
A Closing in on Kevin
Q What did you do
A Moved to my bedroom window for a better view
Q Where was Kevin
A Facing me closest to 1 and 2, they were on Kevin like they
were hitting him, both males 1 and 2, using their arms,
Kevin fell backwards
Q Where was male 3
A They were on the kerb and 3 was in the road, he picked half a
paving slab up
Q Where did he pick it up from
A He used his 2 hands, held it high and tossed it at Kevin aiming
for his legs, Kevin jumped out the way, the other were a foot away
Q Where did the slab go
A On the road, then 3 walked in towards 1 and 2 and Kevin walked
towards AB
Q Did you hear anything
A Kevin said 'you couldn't fight is with your hands you had to stab is'
Q Where was AB
A Outside with Kevin, I was at my window – AB said she calling
the police, she came out with telephone
Q What were the males doing
A They walked away laughing, Kevin was in the street
Q The rock hit him in the legs
A Kevin got up, crossed the road and 3 tossed it at Kevin, he jumped,
he was in the road at this time
Q It hits his legs, where does 3 go
A.1,2 and 3 walked of towards Palmerstone Road, he said something to
them and they laughed and
walked away, Kevin walked towards the little wall, Kevin said
'he's stabbed is' and took his top of, I came downstairs and
Kevin was lying over the wall face down
Q Did you see a wound
A. Yes in his chest, it was like a fish mouth, I nipped it together,
AB was on the phone to the police, I got some sheets, came out
and put them on his chest
Q Was Kevin breathing
A Barely, his eyes were open, AB was panicking
Q Was AB still on the phone
A Yes
Q Did you take the phone
A Yes, I was told the ambulance was on its way
Q Where was Shaun
A In the bedroom with my child
Q How long did it last
A 10 minutes
Q Did you get on with Kevin
A Yes

Cross examine – Mr Bloomfield for Tony Hawkes

Q You became aware of shouting, Kevin shouting, turned TV
down and realised he was exchanging words with someone outside,
puled curtains aside, light on, and see a single man, Kevin comes
out and appears at his front gate, goes towards the man, 2 other men
tanding there , you gave descriptions of the 3 men, later you gave
another account and signed a statement
A Yes
Q The shouting was initially Kevin Johnson
A Yes, I looked out and realised someone else was there
Q There were 2 other men, you moved to another window
A Yes
Q But from the bedroom window you saw only one man
A Yes there were bushes so I could not see the other man
Q At the bedroom window at no stage were the other two in your sight
A No
Q There is a short delay going to windows
A No delay at al
Q Of the other two men, one was noticeably taller
A Yes
Q It was dark then
A Yes
Q Light was on
A Yes
Q Your looking down on the scene
A Yes there were street lights
Q The street light is to the left of the landing window
A Yes
Q You had an impression of what was going on
A I could see
Q So it was just an impression – you know what Kevin looks like so
he was easier to see
A Yes
Q It wasn't the tallest man who jabbed
A No
Q Did you see Kevin fighting
A Yes
Q Where was Kevin
A I could see his side
Q You did not see anything that made you think he had been stabbed
A No
Q It moves location, how did that happen
A 1 and 2 seem to be walking after him causing Kevin to back of
Q What happened when Kevin fell over
A There was motion of a fist from 1 or 2 punching him
Q Then do they stop fighting
A Yes
Q When did you think that he had been stabbed
A When he said I've been stabbed
Q And you thought it when you saw the motion
A Yes
Q How long is it between the stabbing and ending
A A few seconds – Kevin kept looking around at him because
they were closing in
Q How long were you at the bedroom window
A 15 seconds, it was fast, I seen number 1 quite clearly, I know
2 and 3 were not wearing hats and one was bigger than the other
Q When you were interviewed on tape you said it was quite a
long way away
A I said it was longer than what it was
Q You didn't see Kevin strike a blow
A No
Q Did you hear anything being shouted
A No
Q I'm suggesting that al 3 had caps on
A They did not only male 1 had a cap on
Q But they are not very well lit roads
A They are quite lit I saw what was going on
Q It is quite clear Kevin came out to have a fight. Kevin
kept going but he could have stayed behind his window, he
went to his gate and moved away when he did not have to. He
had the option of staying in but started a fight, he was getting
the better of them in a fight. Someone tried to pull Kevin off.

Cross examine – Mr Nolan for Jordan Towers

Q You went to an ID procedure – I want to distinguish
between male 3 and the other 2 OK
A Yes
Q Male 3 threw the rock
A Yes
Q You drew a sketch
A Yes
Q Two things come out of the sketch, one being they were not
standing still for more than a few seconds
A Yes
Q And the other being 3 is furthest away
A Yes
Q Number 1 is beckoning him in
A. Yes
Q 2 and 3 don't move
A Yes
Q Kevin is making ground and 1 is moving back
A Yes
Q 1 and 2 are in close proximity to Kevin and male 3 is the furthest
away, in this point in time Kevin went down before the rock was thrown
A Yes
Q And he was moving towards your side of the road – He was moving
A Yes
Q He did not appear injured
A No
Q 3 was in the middle of the road
A Yes
Q Can I remind you of the statement you made of 19th May2007.
Kevin started walking backwards, male 3 threw the rock with
both hands in Kevin's direction,
it missed him
A I didn't say it hit him
Q In another interview you also say it missed him
A I meant it was aimed at his legs
Q I suggest it missed by several feet
A He still jumped, it was still tossed
Q Where was AB at this point
A Coming out of her house with the phone
Q Were you conscious of her going in to get her phone
A Yes
Q She said there was male 3 in the road 15-20 foot away
A Maybe that's right

Cross examine – Mr Hill for Dean Curtis

Q Did you drink anything
A No
Q You told the police you had a hangover
A Yes
Q Mr Fairweather was there
A Yes
Q But was unaware of it because he was in bed drunk
A No he wasn't, he wanted nothing to do with it, he was in
bed with my child and did not see anything
Q Kevin was clearly in danger, you thought one was making
stabbing motions, why did you not call the police
A Didn't have the phone
Q Why not tell the neighbours
A They were at their blinds
Q Who was there
A Shaun up the road came to the window and went back in
Q You've know Kevin's sister a long time
A. I've known AB longer but about 5-6 years
Q From what you could see Kevin was managing in the fight
A No
Q You were interviewed for a good couple of hours
A Yes
Q And you had very little sleep and complaining how tired you were,
do you know what time you got to the police station
A No
Q You were recorded from 12.05-12.55 until the tapes were changed.
Were you referring to the headache about being interviewed for
too long
A Yes, they just told me Kevin died when the interviews started
Q How did you feel
A Shocked but OK
Q You hadn't spoke to anyone else about what you saw, if there were any
mistakes would you be able to tell us now
A Yes I would say
Q Because when Kevin came out of his house you could hear what was being
shouted, so you would have heard him say he was going to kill them and call
them bastards
A he would not say that, he doesn't even swear
Q Was this because they were on the other side of the road you could not
tell the difference between them
A I could he had a cap on
Q And male 2 you thought had a knife
A It did not look like a punch
Q Did Kevin to to the ground at al
A Yes, once then again when he fell over the wall
Q I appreciate you made 1 journey between incidents
A No
Q What you saw was from the landing window
A Its a big window
Q Its a tight angle from your window to the corner
A That's why I moved – The bairn was trying to get to the window
Q So you were distracted
A No Shaun kept him under control
Q Were you telling Shaun what was going on
A Yes
Q Did you hear AB saying to Kevin just leave it
A She might have done
Q You put emphasis on the height
A He seemed taller, I didn't say he was taller
Q Would you say your a good judge of height
A Well they were taller than me I am 5'4”-5'5”
Q You described Kevin as 5'6”
A Yes
Q Would you be surprised to hear that he was 5'10”
A Well he was big built – I could tell the difference, he had a
stripy top on
Q Did al 3 leave together
A Yes
Q Did one lag behind
A They could have, I can't see around the corner

Reps to Judge – Mr Bloomfield is concerned that there
is a suggestion
made by Mr Nolan that the witness has the males mixed up
Mr Nolan – I believe I have put my case

Witness released until tomorrow

Hearing

Mr Hill states that he has found the page he would like to put to Marsha Newby,
page 5 of the additional evidence. Judge allows him to put this to Marsha.

Mr Hill makes reps that there was TV coverage last night; he requests
that the Judge warn the press to provide care about how this case is reported.
Mr Hill states that the reporting was not in keeping with what was happening.

Mr Bloomfield states that there is a report in the Sun today which reports Curtis
allegedly told another that Mr Stanley was referring to a knife. Judge confirms
that this was clearly never said.

Jury called in 10.45

Judge makes a direction that this case will attract a lot of media attention
He states the jury are to judge the case only on the evidence they hear as the
press do not always report what the evidence actually is

Marsha Newby Re-called

Mr Hill – Miss Newby yesterday when I was asking about the interviews that
the police conducted with you, the tapes actually last four hours. I wonder
if you could be shown the same transcript as you were shown yesterday.
Yesterday I asked you to look at page 10 of 12, I was asking you about when the
officer said, alright get yourself to bed, you said I'll get myself to bed. If
you can go back to page 5 do you know AB's surname, do you know Kevin's
surname than you say, aye I've got a headache, officer asks if you've had a busy
day and you say that you had been up since 5.
A. Well I get up at 5 but I went to bed at 5
Q This was twenty to two but the interview went on until four
A Well they had no tablets so I had a headache al day, I had
one yesterday and today but I'm still answering your questions
Q You were confused about what actually happened
A No
Juror passes a not to the Judge and he feels he needs to discus this
with counsel, jury released.

Two questions – AB said Kevin was at the window but said nothing, Marsha
said she heard voices can this be confirmed. The evidence from AB is that
she did not hear Kevin say anything. 

All agreed to the jury being told this.

Second question – Marsha said the male used his left arm but indicated with
her right, can she be asked to confirm this. I think Mr Woodcock can deal
with this in examination. 

All agreed.

Jury re-enter 10.57

Judge confirms the questions. The first everyone agrees that AB
was asked that question and her answer was that she did not hear Kevin
shout out of the window. Mr Woodcock will deal with the second
question in re-examination.

Mr Woodcock – Are you left or right handed
A. Right
Q. You indicated with your left hand several times, did you
deliberately use your left hand
A. No
Q. Did you use it because the male used his left hand
A. Yes
Q. Do you remember him using his left hand and not his right
A. Yes
Q. Yesterday you told us that Kevin did not throw a punch
A. Not what I seen no
Q. You went on that they were ganging up on Kevin
A. Yes
Q. How many were ganging up
A. Three
Q. Was that at the time they were on your side of the road
A. Yes
Q. Was that the same time that lead up to the motion being made
by one them with his left arm
A. Yes
Q. You were asked by Mr Bloomfield about the height of the individuals.
He made reference to the witness statement you made to the police. You
said to other questions that the statement was made many hours after
being interviewed on tape
A. Yes
Q. The statement you made dealing with the height of the individuals,
you say I saw one person stood at the gate post of my house, male white
skinned, aged 18-19 years, 5'5”-5'6”, slim to medium build.
A. Yes
Q. Signed on the 19th of May, the same day you were interviewed at length
A. Yes
Q. At page four you said the male was white skinned, average build,
wearing dark coloured clothing, 5'5”-5'6”. You then provide a
description of a third male. 5'9”-6'
A Yes
Q You say you will call him male 3. Your statement goes on that I
should mention I could see males 1 and 2 gesturing with their hands
for Kevin to walk towards them. Can you show the gesture again.
Is that the same gesture you were referring to
A. Yes
Q You said you saw al three males ganging up on Kevin, male
2 stood closest with his left hand at Kevin
A. Yes
Q. Kevin was swinging out of the way and was that motion that
led you to believe there was a knife. You went on to say it
looked odd because the movements were as if he had a knife.
Male 3 seemed to be moving in, Kevin then backed of, the
three males were moving towards him and walking towards him
A, Yes
Q. Mr Nolan asked you about the throwing of the paving slab.
In the same statement you say Kevin started walking backwards,
fell over and got back up. Kevin started walking backwards towards
his house, all three males continued moving in towards Kevin
A. Yes
Q. You thought Kevin was going to be hit by the rock
A. Yes Kevin jumped
Q. How soon after that had you become aware that Kevin had been stabbed
A. They left straight after that
Q Shaun was tending to Aaron
A. Yes
Q Were there any other people on the street
A No
Q So you were not aware of other neighbours watching
A I seen one man in his house
Q Might that have be coincidence, he might have been going to bed
A Still there though
Q. I'm told we have here an exhibit, have you seen anything like
that before
A. Yes

The exhibit was the rock thrown and this was shown to the jury and counsel.

Marsh Newby released.