01/05/05 - STATEMENT of KIRSTY HELEN JONES

WITNESS STATEMENT
(CJ Act 1967, s.9; MC Act 1980, ss.5A(3)(a) and 5B; MC Rules 1981, r.70)

Statement of: KIRSTY HELEN JONES
Age if under 18: 0 18 (if over 18 insert 'over 18')
Occupation: General Manager/Self employed

This statement (consisting of 12 pages each 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 to prosecution if I have wilfully stated anything in it, which I know to be false or do not believe to be true.

Signature: K JONES
Date: 1/5/05

My former boyfriend is called Adrian FOSTER (2.4.71). We used to live together in Deeping St James until Christmas 2004 when we split up. I now live with James COTTAM at another address. Adrian wants half of everything but is not going to court in relation to the house and contents.

He initially said he wanted £5000 but has since said he wanted £3000 by Friday 6th May 2005. He is using his friend Bernie O'MAHONEY to get me to pay. I have sought legal advice and if it did go to Court I would abide by any decisions made. On Friday 29th April 2005 at about 10 am I telephoned O'MAHONEY on his mobile phone no 07919151295.

He answered it and I said "Bernie it's Kirsty". "What started this" He said "You've taken Adrian's stuff' I tried to answer and he interrupted saying "Shut up you pakki cunt - you're a little shit. Tell your Pakki lover boyfriend that I will slit his throat if he goes to the Police" He continued being abusive to me and rang off.

At about 10.15 am O'MAHONEY rang me back on my mobile phone from the same number and said "where's that little prick - I'm coming to find him". (He gave me lots of abuse that I cannot recall". He continued to say "I'm coming round to yours now - I know where you live" At about 10.15pm he phoned back to say he was not coming and was going to look for James.

There was no more contact until about 5.30pm the same day, on James's mobile phone which I answered. I recognised the voice of O'MAHONEY and he said "WHERE'S THAT LITTLE PRICK IF HE CALLS THE POLICE I'M GOING TO SLIT HIS THROAT" I said "I don't know"

He said "You owe me a grand" I said "I don't see why" He said 'BECAUSE I SAID SO AND IT WILL BE 1500 TOMORROW. DONT ARGUE WITH ME. GET THAT LITTLE PRICK TO PHONE ME AS SOON AS POSSIBLE". He then put the phone down. About 10 minutes later he rang me back Or. James's phone and asked where he was.

I said i was trying to find him. He said "get him to ring me as soon as possible". Then put the phone down. Five to ten minutes later James rang him back in my presence. After this call James and I argued over it. I did not speak to O'MAHONEY again that day. However on the same day at 21.42 I received a text message on my mobile phone from Adrian FOSTER'S mobile phone number 07731 724760. It read "I only want things to be fair OK"

I replied to the effect that I would not give him anything. At 2154 he texted back saying "I ALWAYS SAID I WOULD HELP. I WASN'T THE ONE THAT WENT AGAINST OUR AGREEMENT. I HAVEN'T TOOK OUR DOGS HAVE . I HAVE DONE NOTHING ONLY GOT RIPPED OFF. YOU SAID YOU WOULD NEVER DO THAT" I replied the following morning "why is this all started again, why is Bernie involved"

On 30th April 2005 at 09.52 he sent me a text saying "JUST DO IT KIRSTY OR I'LL ASK FOR MORE" I cannot recall if I replied. At 10.03 Adrian texted back saying "RIGHT YOU HAD YOUR CHANCE. I'M NOT FUCKING ABOUT ANYMORE" I replied about going to Court

At 10.09 FOSTER texted again and said "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 DONT WHAT WE ASKED. WHAT HAPPENS NOW WAS YOUR CHOICE"

I texted back saying I would have to speak to his parents. At 10.17 am he texted back saying "TELL MY PARENTS TO BE HONEST I WANTED YOU TO REBEL. I HATE COTTOM AND I'LL ENJOY EVERY MINUTE OF WHAT WILL HAPPEN HE TOLD BERNIE THIS MORNING THAT I WOULD GET THE STUFF LOOKS LIKE HE LIED HE'LL LIKE THAT"

I replied something like its not James stuff to give. Referring to furniture and appliances from the house we used to live in. At 10.34 he sent another text saying "YOU'RE A BRAVE GIRL KIRSTY I'LL GIVE YOU THAT NOW FUCK OFF AND WE'LL GO ON PLAN B"

I did not reply to this. At about 1.30pm he texted again saying "DO I SUPPOSLE I'M NOT GETTING ANYTHING" I replied saying "my grandpa is seriously ill and I found him, I'm on my way to hospital - cut me some slack" He replied by text "I HOPE HE'S OK"

At about 5.30pm I phoned FOSTER on his mobile phone, I spoke to him about my grandpa being ill. Straight after at 17.33 he sent me a text saying "I'M TRULY SORRY I FEEL FOR YOU HONEST. I DON'T HAVE A PROBLEM WITH YOU NEVER WILLXX" I did not reply to this. On 1 May 05 at around 10 am FOSTER sent me a text saying "HOW'S YOUR GRANDPA" I replied "WE DON'T REALLY KNOW, HE'S BEING MOVED TO ADDENBROOKS"

At 10.13 am FOSTER sent me another text saying "THE BERNIE THING IS ABOUT COTTOM NOT YOU HE HATES HIM MORE THAN YOU COULD EVER IMAGINE. ITS BETWEEN THEM I CANT STOP THAT I'M SORRY" I texted asking "why" At 10.20 am he sent a text saying "LOTS OF PEOPLE HATE HIM HE'S JUST ONE OF THOSE SORT OF PEOPLE. HE DID THE DIRTY ON A MATE YOU DON'T DO THAT. FORGET THE STUFF THEN I'LL TELL BERNIE TO SORT IT OUT SOME OTHER WAY"

I texted back about what FOSTER had done to other people. At 10.32am he texted back saying "IT'S NOT ABOUT WHAT I DID AND I'M STOOD LOOKING AT THE FLOOR NOW AND ITS NO WHERE NEAR THAT SORT OF MONEY. HE TRIED TO RIP HIM OFF" I replied that it was a good job that was done on the floor at £30 a meter.

At 10.38 am he texted saying "THERE'S 13M THAT'S 390 PLUS HALF A DAY SAY 100 QUID PLUS VAT CALL IT 600 ITS 8M X 2M LESS 7M OF STAIR WELL. The above texts are no longer on my mobile phone and I wrote down most of the texts he sent which I will retain. I have further texts on my mobile phone which will soon have to delete due to other texts being received pending any future court cases. At 3pm today I noticed more text messages on my phone from FOSTER.

The first one Was timed at 1409 and said "I DON'T HAVE TO TELL B ABOUT THE MEASUREMENT BUT I THINK COTTOM WAS STUPID FOR TRYING TO RIP HIM OFF" 1417 "YOU SAID YOURSELF ITS 13 METER I HAVE THE TEXT AND HE HAS DONE A SHIT JOB AS USUAL. I'LL SHOW B ITS 30 X 13M + VAT DO YOU THINK I DON'T KNOW HOW TO WORK THINGS OUT I HAVE A HNC."

At 1546 as we pulled up to the Police Station at Bourne, FOSTER sent another text saying "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" I replied to tell him my grandpa is ill and I haven't had a chance. At 1551 he texted "IT'S NOT YOU, ITS COTTOM"

I replied "WHAT'S JAMES DONE, ARE YOU SCARED OF BERNIE. I PAID FOR EVERYTHING IN THE HOUSE" At 1555 he texted "NO YOU HAVE NOT PAID FOR IT - WE HAD AN AGREEMENT. I'M NOT SCARED OF ANYTHING. I TOLD YOU LETS FORGET FURNITURE. GET HIM TO MAKE US AN OFFER TO BE LEFT ALONE FOR GOOD"

I replied something like "WHY SHOULD WE GIVE YOU ANYTHING" At 1559 he texted "COTTOM IS A FUCKING LOW LIFE AND A SNAKE HE'S NOT GETTING AWAY WITH THIS I'M SORRY" I replied "WHAT DO YOU THINK WILL HAPPEN TO JAMES - HONESTLY, HONESTLY. DID YOU EVER LOVE ME IF SO WHY LET BERNIE TALK TO ME LIKE HE DID, ALSO WHY AM A SLUT"

At 1607 he texted "YOU'RE NOT A SHIT YES I LOVE YOU - I THINK HE WILL DISAPPEAR" I replied "DISAPPEAR HOW , IS THAT WHAT YOU WANT, HAVE YOU ASKED FOR THIS" At 1610 he texted "SINCE DAY ONE I NEVER ASKED FOR ANYTHING"

I replied "WHY IS HE DOING IT THEN HAVE YOU LIED ABOUT HOW YOU TREATED ME, I DON'T DESERVE THIS ADY. REMEMBER YOU DUMPED ME, CHEATED ON ME, USED ME AND NOT THE OTHER WAY" At 1613 he texted "I'VE GOT YOU MORE TIME TO MAKE ME AN OFFER. I WILL BE WITH HIM LATER COTTOM WILL PROBABLY GET A CALL"

I replied "WHY THOUGH IT'S BULLYING ADY, REMEMBER HOW YOU USED TO FEEL AT SCHOOL" 1618 he texted " I KNOW BAD INIT BUT I LEARNED NOT TO PISS PEOPLE LIKE THAT OFF" GIVE ME 5 K AND YOU DON'T HAVE TO PAY ME OUT OF THE HOUSE AND IT ALL GETS PUT TO BED" I ignored this one and did not reply. At 1621 he texted "THAT'S A VERY FAIR DEAL"

I replied "WHY SHOULD I SENT YOU THAT MUCH IT'S MORE THAN I WOULD GET OUT OF THE HOUSE" At 1620 he texted "YOU SEEM TO THINK THAT THINGS AREN'T HALF. TELL YOU WHAT 3 BY FRIDAY OR WE'LL KEEP FIGHTING" I ignored this At 1643 he texted "CAN YOU ANSWER BACK I NEED TO TALK TO EPOPLE" I replied that I did not have 3 to give him and I didn't think I should anyway

At 1651 he texted "YOU TALK OUT OF YOUR ARSE WE DO EVERYTHING TOGEHER YOUR CHOICE TAKE CARE" I replied something like JUST BECAUSE YOU'RE SKINT DON'T TRY AND GET MONEY OUT OF ME" At 1655 he texted "I'M NOT SKINT LETS CALL THAT IT NOW YOU'RE A VERY SILLY GIRL LETS LEAVE IT UP TO THE OTHERS" I think I ignored it.

At 1701 he texted "SHALL I WRITE TO AMBER OR SMART CARD" This was relating to my mortgage and a car company I once dealt with. I replied that I did not have the money and should I speak to the CSA. At 1709 he texted "HA RING THE CSA DO YOU THINK I'M BOTHERED ABOUT THAT. AMBER WILL GET YOU SENT DOWN I'VE DONE MY HOMEWORK ON MORTGAGE FRAUD"

I ignored him. At 1709 while still at the Police Station my mobile phone rang and I answered it. It was O'MAHONEY. He said "WHERE ARE YOU, WHERE'S JAMES". I said we were at the hospital. The call ended. At 1717 O'MAHONEY left me a voice male which said "ALL YOU ARE DOING BY NOT ANSWERING ME IS WINDINE ME UP YOU WIND ME UP AND I WILL COME TO THE HOSPITAL TO SEE YOU. ANSER THE FUCKING PHONE AND GET IT RESOLVED HOW I TOLD YOU TO".

Phone went dead. At 1720, 1723 and 1732 there were 3 missed calls from O'MAHONEY, At 1731 FOSTER texted "KIRSTY IF YOUR IN THE HOSPITAL, GET OUT - B HAS GONE NUTS - I'M SORRY" At 1736 FOSTER phoned me and asked where I was. I said I was at the hospital. He hung up. I rang him back at 1737 and he told me O'MAHONEY had a Range Rover.

At 1745 FOSTER sent me a text saying "I WISH THIS WAS A WIND UP" At 1809 I had a missed call from O'MAHONEY" At 1812 FOSTER sent me a text "KIRSTY I TRULY FEEL FOR YOU AT THIS TIME I CANT STOP THIS ITS ABOUT THAT BOY NOT YOU. PLEASE UNDERSTAND THAT HE IS A VERY HATED PERSON WHO'S PISSED OFF A LOT OF PEOPLE" I ignored him.

At 1814 he texted "AND I ALSO KNOW YOU TOOK 3K OFF HIM AT THE SNOOKER HALL SO TO ME IT'S A CHEAP END TO IT ALL" I feel threatened and intimidated by some of the texts sent by FOSTER. I am frightened by the conversation I had With O'MAHONEY.

For the next 2 nights I intend to stay in a hotel away from home with James because I am so frightened. I wish to make a complaint against both O'MAHONEY and FOSTER for causing me harassment alarm and distress and in particular the racist comments that O'MAHONEY made towards me. I am willing to attend Court if necessary.