03/05/05 - RECORD OF INTERVIEW of Adrian Graham FOSTER

RECORD OF INTERVIEW
Person interviewed: Adrian Graham FOSTER
Place of interview: Spalding Police Station
Date of interview: 3rd May 2005
Time commenced: 2149 hours
Duration of interview: 43 mins
Audio tape reference nos. (*): 32/B7/404/05
Interviewer(s): DC 1220 P GURNEY DS 838 S GIBBON
Other persons present: None
Police Exhibit No. PEG3A
Number of Pages: 13
Time concluded: 2232 hours
Visual image reference nos. (*):

Continuation of interview. Formal introductions. Reminded on ongoing right to free and independent legal advice.

0.40
1220

Caution given. FOSTER will agree that some of the text messages he sent to Kirsty over the weekend were 'heated'.

3.40
DC GURNEY refers to a statement provided by Kirsty in which she lists various text messages sent to her. These are to be read out to FOSTER and he will be given the chance to either admit or deny sending text messages of this nature. Kirsty will say FOSTER texted her on Friday 29th April at 2142 hours. FOSTER will say on this night in was out in various pubs in Market Deeping and would have sent the message from a pub. He agrees he would not have been sober at the time. He has no recollection of what he put in the message. DC GURNEY refers to FOSTER'S pay as you go phone as exhibit PEG1 which is what FOSTER would have sent Kirsty the messages from.

6.44
1220
You texted her, I only want things to be fair, okay

R
Yeah,yeah

Q
And she sent a reply, she can't remember exactly what she put but she said it was to the effect that she wasn't going to give you anything, I would not give him anything, do you remember that

R
Yeah roughly

Q
And then you've sent a text stating I always said I would help, I wasn't the one that went against our agreement, I haven't took our dogs have I... I have done nothing only get ripped off, you said you would never do that

R
Yeah

Q
You sent that

R
I'm sure I did, yes

FOSTER agrees he did feel 'ripped off because of the agreement he and Kirsty had come to.

FOSTER denies all knowledge of text messages sent earlier that day to Kirsty from Bernard O'MAHONEY. He denies asking Bernie to send any texts and also denies asking Bernie for his help in recovering his items of property. He reiterated that Bernie had said in general conversation he would talk to Kirsty for him but this is all that was said.

8.28
1220
Kirsty has said that the following morning which is Saturday the 30th of April she sent you a text Why has this all started again, why is Bernie involved? Do you recall receiving that

R
Yeah I think so

Q
What was your reply

R
I can't remember it was something.....I dunno I can't remember

Q
She said you sent her a text back saying Just do it or I'll ask for more

R
Yeah more stuff......

FOSTER will say he was referring to items from within the house.

9.18
1220

And then at 3 minutes past 10 Adrian texted back saying Right you had your chance, I'm not fucking about any more

R
Yeah I probably put that yeah

FOSTER will say he meant he didn't want to continue messing about with the situation - he denies this message meant anything other than that. DC GURNEY read out a message sent to Kirsty at 10.09 that morning....

10.20
1220

No we're not going to court, it will get sorted my way, it would have been a lot easier and cheaper for you to have done what we asked, what happens now was your choice

R
Yeah I was just trying to scare her into giving me my stuff back

DC GURNEY challenged FOSTER with regard to what he meant by this FOSTER will say he wanted to make Kirsty think he would be going round there to fetch his stuff back.

12.24
1220

At 10.17 you sent a text saying Tell my parents to be honest I wanted you to rebel, I hate COTTAM and I'll enjoy every minute of what will happen

R
There again just like.... she's ringing up threatening she's gonna tell my parents all sorts of stories and I'm like just going back at her again

Q
Uh hum and that's all part of the same text, you go on to say and this is included with it a reference to Bernie, he told Bernie this morning that I would get the stuff, looks like he lied to him, he'll like that. What did that mean

R
Well I said it as I said before Bernie said he'd help me get my stuff back and she had said to me on the phone that she was gonna give it back or that she had told Bernie she was gonna give it back.......

FOSTER confirms that he and Kirsty usually always communicate via text rather than phone calls.

14.40
1220

10.34 you sent her another text saying You're a brave girl Kirsty, I'll give you that, now fuck off and we'll go on plan B. What does that mean?

FOSTER cannot remember sending this message but will say he assumes it was meaning either drop the stuff round or he'd go and fetch it. FOSTER can recall receiving the text from Kirsty disclosing to him that her grandfather was very ill. He remembers saying to her on the phone later that night that because of the situation with her granddad he'd leave it for a week' He recalls sending Kirsty a text on 1st May asking how her granddad was and being told he was being moved to Addenbrooks.

17.03
1220

At 10.13 she says you sent another text referring to Bernie.... The Bernie thing is about COTTAM not you, he hates him more than you could ever imagine, it's between them, I can't stop that, I'm sorry

R
That's referring to their dispute with the floor and that, ripping him off, I presume

FOSTER detailed what he knows about the dispute.

18.00
1220

So what's Bernie said to give you the impression that he hates him more than she could ever imagine

R
Well he hasn't... he hasn't said that to me to be honest

Q
No? Why did you say that then

R
Well just like I say I'm probably using my... a bloke I know on my side to sort of you know my mates are bigger than your mates sort of thing, you know, so maybe using his name in that way.....

FOSTER describes Bernie as being a 'big bloke' who has a bit of a reputation. At 10.32 on the Sunday morning FOSTER was at Bernie's address carrying out some work for him - Bernie at the time was in Paris. FOSTER believes Bernie's son was asleep upstairs. FOSTER recalls there were numerous further texts regarding the flooring.

21.13
1220

She's saying that at 15.46 so that's around quarter to 4 in the afternoon that she got a text from you stating that B just rung from the airport, wants to know if I have my stuff, what do you want me to tell him, he's back at 7

R
Yeah well I didn't speak to him, I just said that to her but I didn't see him 'til the night time

Q
Right okay. Why would you need to ask her about you getting your stuff back to tell Bernie

R
Well I'm just using it as like I say as you know... like I said before and like you know or my mates would come round and get the stuff back off you just in the hope that she would just sort of turn round and say right there you go and it's all done and finished with

Q
Would you be afraid of Bernie

R
Yeah probably

Q
And why is that

R
Because he's a big bloke and he's got a reputation

Q
If you got on the wrong side of him what do you think he'd do to you

R
Probably give me a slap I would have thought.........

DC GURNEY will say there are further text messages relating to James COTTAM and the fact that Bernie has fallen out with him. Also a text sent from Kirsty to FOSTER stating she paid for everything in the house. FOSTER disputes that Kirsty has paid for everything in the house. FOSTER was asked about a text message he'd send stating words to the effect of 'get him to make us an offer to be left alone for good'. FOSTER will say he meant for the pair of them to offer him the £3,000. DC GURNEY reminded FOSTER that it wasn't James' debt. FOSTER will say he just wanted to end the situation. He disputes this text was threatening - by 'left alone for good' he claims he was referring to the whole situation as in no more texting or phone calls. FOSTER was asked about a text he sent stating words to the effect of 'COTTAM's not gonna get away with it, sorry'.

26.01
1220

Kirsty's replied what do you think will happen to James honestly, honestly, did you ever love me, if so why did Bernie talk to me like he did

R
See I didn't understand that bit, why she put that, but I just put back I should think he'll disappear like leave her alone cos he can't be doing with all this hassle and this shit so he'll just piss off.........

He denies calling Kirsty a little shit and can't understand where this came from DC GURNEY continued to read out miscellaneous text messages.

27.52
1220

You sent a text I've got you more time to make an offer, I will be with him later, I will be with him later, COTTAM will probably get a call

R
Yeah I just like...... again using his name just trying to sort of scare him into giving my stuff back

Q
Okay, what's COTTAM will get a call mean then

R
Well just give him a ring cos I couldn't talk to Kirsty I suppose

Q
Not a personal visit

R
No, no, no phone call

Q
Right okay, so you're saying to her there I've got you more time to make an offer, sounds like a ransom demand doesn't it

R
Well it is a bit innit... yeah.....

Q
Sort of thing you hear on the movies

R
Yeah I know, well I'm sorry but that's... yeah that's how it's got out of hand

Q
So when I put it to you like that, can you see why it's caused Kirsty concern

R
Yeah now we're reading through it but you see I'm just replying to text messages but now you've got all of hers there in that block it does sound like I'm trying to be a bit of a gangster.....it's a bit stupid isn't it

FOSTER can remember Kirsty sending him a text accusing him of 'bullying' -he can't recall what he texted back......

29.22
1220

You've acknowledged the fact that it's bullying by sending a text back I know bad innit but I learn not to piss people like that off..... again what does that mean

R
Again it's just me just like trying to bully her I suppose

Q
What are people like that

R
Well big blokes.. like using Bernie's name again

FOSTER will say the text he sent saying Give me 5k and you don't have to pay me out of the house and it all gets put to bed meant that this would put an end to the situation. He considers this would have been a fair deal. Continued to discuss the text messages sent by FOSTER which Kirsty did not reply to immediately.......

32.09
1220

She's saying that you sent a text can you answer back I need to talk to people. Did you send that

R
Yeah

Q
What's what mean then

R
Well just like talk to people you know like again threatening her I suppose

As far as FOSTER is concerned it was merely text messages and nothing else. DC GURNEY challenged this..........

22.08
1220

You're saying unbeknown to you but it's a fact that she has received messages from Bernie as well and they've also been intimidating so your text messages that you're sending here coupled with his and the fact that you're saying that you have been bullying, you have been intimidating and you are trying to scare her into giving you this money by mentioning Bernie's name has all played on her mind. Can you see that

R
Yeah I can see that yeah


DC GURNEY continued to read out further text messages and FOSTER was invited to comment.

34.29
1220

You texted I'm not skint, let's all that it now, you're a very silly girl, let's leave it up to the others

R
Well again another threat......

Q
What others were you referring to

R
Well just like, just a figure of speech like other people you know........

FOSTER will deny that by 'other people' he was referring to Bernie however. Continued to refer to the texts sent by FOSTER.........

36.20
1220

So that's one kind of threat isn't it

R
Yeah

Q
You're threatening her with regard to you informing the Authorities about getting her prosecuted for something she's done wrong. What was the other kind of threat then that you've made

R
With regards.....

Q
With regard to 'the others' and Bernie

R
Well we'll come round and get the stuff off you

Q
Why would she be afraid of that

R
Cos she's always said I don't want you round the house and that you know so..........

FOSTER claims he is not aware of any communications sent by Bernie to Kirsty from 5pm onwards on Sunday. FOSTER denies all knowledge of O'MAHONEY alleging ringing Kirsty asking where she was and Kirsty telling him she was at the hospital. The call is said to have been made at 1709 hours........

38.57
1220

At 1731 she got a text from you, can you remember what was in that text

R
That's what I was saying.... I said something along the lines of where are you.. something about we're gonna come and get the stuff or something

Q
She's saying she'd got a text and this is...... it doesn't state it but hopefully it will be saved to her telephone from FOSTER.....Kirsty, if you're in the hospital get out, B has gone nuts, I'm sorry

R
Possibly I sent that, I don't know, but again it's.......

Q
Can you explain it to me, what it means

R
I think it's probably me exaggerating and you know like saying, telling her that Bernie's back and we're gonna come and get the stuff cos she hasn't given me it

Q
Were you with Bernie at that time

R
No

FOSTER is adamant he did not see Bernie until later that evening because Bernie was on his way back from the airport.

40.07
1220

At 1736 FOSTER phoned me and asked where I was, I said I was at the hospital, he hung up. Do you remember making that call

R
I think I just asked where she was yeah

Q
Okay so you may have called her

R
I think I did yeah

DC GURNEY asked FOSTER for his explanation re a text sent to Kirsty stating I wish this was a wind up. He will say that throughout Kirsty had been accusing him of winding her up with the texts and he had replied with this message as he wanted her to think it wasn't a wind up in an attempt to try and get his stuff back.

41.20
1220

What you've told me so far is that it all is a wind up cos you've talked about the others, you've talked about Bernie or B as he's referred to in your text messages coming round and taking matters into your own hands but now she's getting a statement from you saying that you wish this was a wind up

R
Mmm

Q This is after she says that she's received a text message from you saying Kirsty if you're in the hospital get out, B has gone nuts, I'm sorry

R
Yeah again it's just winding her up but Bernie didn't sort of know about that....

FOSTER will say he refers to James COTTAM as 'Rat Boy' - he claims a lot of people don't like him because he pisses people off. FOSTER feels Kirsty could have paid him the £3,000 using COTTAM's money - this was discussed further.

DC GURNEY continued reading from Kirsty's statement in which she will say she feels frightened and threatened by the texts sent to her by FOSTER and also she is frightened by the conversations she had with O'MAHONEY.

BUZZER SOUNDS.
INTERVIEW SUSPENDED AT 2232 HOURS.