A JUDGE has extended the time four men accused of plotting to kill 37-yearold David Gower, who was stabbed and shot at his Bulkington home, can be kept in custody.
Despite objections from barristers representing the four and a fifth man who is facing a related charge, the Judge ordered they could all be remanded in custody until October 5.
The men had all been due to appear at Coventry Crown Court for an application by the prosecution for the `custody time limits’ in their cases to be extended.
But for security reasons the case was switched to Warwick Crown Court to enable the hearing to be conducted via a television link with HMP Hewell near Redditch.
Because only one defendant at a time could be in the TV link room at the prison, there were five almost identical hearings during which prosecutor Andrew Smith made separate applications in relation to each of the five.
The first to appear on screen was Gary Rahim, aged 39, ofArmstrongAvenue, Stoke,Coventry,who was told by Judge Richard Griffith-Jones: “These proceedings are being conducted over the video link, but it is as if you were in court.”
Mr Smith pointed out that if it was not extended, the custody time limit during which Rahim, who has been charged with murder, could be held `expires at 4pm today.’
But for the period to be extended the judge had to be satisfied the prosecution had acted `with all due expedition’ in preparing the case or Rahim would have to be released on bail.
Outlining the background, Mr Smith said: “David Gower died as a result of a well-planned, intensely intricate and violently-executed attack. Those who planned and carried out the attack sought to make investigation difficult in the extreme.”
He said a total of 7,179 separate items of evidence had been seized by the police and assessed, and conceded that the prosecution had not kept to a timetable set down by the judge for serving mobile phone analyses on the defence.
But Judge Griffith-Jones commented: “I was critical of the prosecution for not seeking an extension (of the timetable) but given the situation the prosecution found itself in, if you had made an application I would have been bound to grant it.”
Opposing an extension to Rahim’s custody time limit, his barrister Jabeen Akhtar told the judge: “It is submitted that the prosecution has not acted with all due expedition.”
Judge Griffith-Jones said the earliest date that could be set for the eight-week trial was October 3 and he agreed to extend the custody time limit for Rahim until October 5.
He explained: “The allegations in this case are obviously grave, and the evidence which the Crown says supports their allegations is voluminous and complex.
“A further complicating feature of the case has been the arrest of further defendants, and the need to collate further evidence in relation to them.
“In my judgement, the prosecution has conducted this case, in the circumstances, with due expedition.”
Similar hearings then took place in relation to Colin Potter, aged 44, of Hipswell Highway,Wyken, Coventry;Mark Francke, aged 42, and Harold Hurst, aged 46, both of Seymour Road, Derby, who are all also charged with murder; and SeymourYoung, aged 45, from London, charged with conspiracy to cause grievous bodily harm.
One by one they sat in the room at HMP Hewell to hear Mr Smith outlining his application and their barristers opposing the custody time limit extension before, in each case, it was granted by Judge Griffith- Jones.
