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Jury in Asyraf Haziq case to start deliberations
LONDON: The jury in the case of London riot assault victim Asyraf Haziq Rossli, 20, were told to consider the facts of the case, based on the evidence heard and seen during the last four days since the hearing started last Monday.
Judge W. Pawlak, in his remarks to the jury before they were excused for deliberation, specifically drew their attention to the two out of three counts of the indictment relating to assault.
He advised that on the first count of causing grievous bodily harm with intent, they must be sure that the defendant intended to cause serious harm on his victim when he delivered the punch.
The second count relates to assaulting without any specific intention of causing him harm.
In this respect, the judge said there was no dispute to the seriousness of the injury and reminded the jury of the written evidence of Dr Simon Holmes, the surgeon who specialises in facial injuries.
According to the statement, the blow on the left side of the chin was caused by increased force, by a fist rather than a weapon.
On the third count, which relates to robbery, the judge said the defendant had admitted taking the bicycle dishonestly but denied punching him.
According to his own evidence yesterday, the defendent said he saw the bicycle on the ground and took it, repeating that he was tired. He also said that he wasn't aware that the bicycle belonged to the victim.
Judge Pawlak also reminded the jury of three women and nine men of CCTV evidence of incidents along Ilford Road where groups of youths went on a rampage breaking shop windows and looting.
In several scenes, the defendant was clearly identified taking part in the looting and smashing of shop windows.
"He had admitted to two counts of burglary, helping to lift a metal shutter of a shop and kicking the window of a shop," said the judge.
The defendant had said he was only aggressive to properties and not to people, although the prosecution had pointed out that the defendant had the tendency and inclination to violent behavior in order to steal property.
"What is alleged here is violence on Mr Rossli (Asyraf), to take the bike. You need to decide that his behaviour had that inclination. If you think his behaviour in Ilford is not relevant, then ignore it."
The judge also cautioned the jury that the behaviour on the film may evoke emotion.
"Decide the case on evidence and not emotion," he added.
The judge also reminded the jury of evidence given by Asyraf, his friend Azhar who was also caught up in the incident but managed to get away, the CCTV installation supervisor Weng Tsang who witnessed the incident and also his girlfriend Diane Frutos Peres who filmed the incident from her 9th floor flat.
The incident was said to have taken place in Barking in East London, on August 8 last year during one of the worst riots that swept the country causing untold damages.
Asyraf was on his way with a friend that evening to a friend's house when the incident happened on a flyover in Barking.
Asyraf, when the incident happened, had only been in the country for a month. He appeared in court to give his evidence on the first day only.
Judge Pawlak said he wanted a unanimous verdict but would be prepared for a majority verdict after a day's deliberation.