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CASE SUMMARY - R v O'MAHONEY & FOSTER
Patrick Bernard O'MAHONEY (born Dunstable 15/03/60) and Adrian Graham FOSTER (born Boston 02/04/71) appear before the court charged with blackmail.
Kirsty JONES and FOSTER were in a relationship until January 2005. They had a home together but for financial reasons the house was in JONES's name. The relationship broke down and JONES struck up a relationship with James COTTAM. JONES and FOSTER are currently in dispute over jointly owned property. COTTAM is a floor layer by trade and has completed work at O'MAHONEY's home address. Both parties dispute payment for this work. All parties are known to each other.
On Friday 29th April 2005 things came to a head when a series of phone calls and text messages began. Sometime between 9.30 and 10.00hrs COTTAM took a call from O'MAHONEY in which he was told "you have Ady's stuff back by the time I get back, you cleared his house and nicked his stuff, I'm going to cut you anyway and if you call the police I will slit your throat".
At 17.30hrs JONES took a call from O'MAHONEY. He said "where's that little prick, if he calls the police I'm going to slit his throat". He demanded payment of £1,000, which would go up to £1500 if not paid by the following day. Later that night and into the following morning there were a series of text messages between JONES and FOSTER.
One such message said 'right you had your chance, I'm not fucking about anymore'. In a later message he makes reference to a conversation between O'MAHONEY and COTTOM. On Saturday 30th April 2005 JONES's grandfather was taken into hospital and contact stopped. It recommenced on Monday 1st May 2005. JONES and COTTAM attended Bourne Police station to report the threats.
At 16.07hrs FOSTER sent a text message to JONES saying 'Your not a shit, yes I love you, I think he will disappear'. This was followed at 16.13hrs by a message saying 'I've got you more time to make me an offer, I will be with him later, COTTAM will probably get a call'.
At 16.18hrs he sent a text message asking for '5K At 17.11 hrs whilst in the middle of giving his statement COTTAM took a call from O'MAHONAY saying "I'm going to fucking kill you, why make an agreement and not keep to it, I'm coming up to the hospital now".
The police officer recording the statement took the phone and heard a male voice. The voice was loud and angry and said "Deliver money or I will cut you to pieces you fucking wanker".
At 17.10hrs on Tuesday 3rd May 2005 O'MAHONEY was arrested having presented himself at Spalding Police Station.
At 20.10hrs on Tuesday 3rd May 2005 FOSTER was arrested having also presented himself at Spalding Police Station.
Both defendants were interviewed at Spalding police station on the evening of Tuesday 3rd and again on Wednesday 4th May 2005. Summaries of these interviews are attached.
At 16.49hrs on Wednesday 4th May 2005 O'MAHONEY was charged with Blackmail.
At 18.12hrs on Wednesday 4th May 2005 FOSTER was charged with Blackmail. |
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