Nick Fenney_Defence Statement

Nick Fenney Defence Statement Case No. 1400014094
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An example of my aptitudefor legal work. In this matter, I drafted the defence
statement in its entirety but I was represented at the hearing. The Magistrates
believed that the prosecution witness was more credible than myself, the defendant.
Both the Magistrates and the Crown Prosecutor believedthat I, the defendant, had
“made-up” my defence statement. Yet the latter was corroborated throughout with
documentary evidence; the statement of the prosecution witness was entirely
uncorroborated and uncorroborated for one very significant reason: it was absolutely
untrue.
Although the fundamental truth of the matter would have been obvious to me at the
time, it is only recently that evidence has emerged which would overwhelmingly
suggest that Gloucestershire Police coerced the prosecution witness into making a
false complaint of harassment against me. Were the person who provided the
evidence to stand witness it would show that Gloucestershire Police, the Crown
Prosecutor at Cheltenham Magistrates’ Court, and Gloucester Crown Court conspired
to pervert the course of justice and that, I contend, is a shocking state of affairs. In
the words of the person who provided the evidence, the police took the action
because I had “written something to her” and because she “wasn’t allowed to give it to
me”. The fact of writing something to her (anonymously) resulted in the unlawful or
lawful interception of communications. “It” is a reference to something she has
between her legs and I don’t have between mine. The prosecution witness was also an
unwitting witness to police misconduct/corruption/abuse of authority and somehow
the police would have to find a way to silence her. This is not an isolated incident: it
is merely one where I anticipated their motive and sought to entrap them.
The Legislation:
Criminal Procedure and Investigations Act 1996
5 Compulsory disclosure by accused.
(1) Subject to subsections (2) to (4), this section applies where—
(a) this Part applies by virtue of section 1(2), and
(b )the prosecutor complies with section 3 or purports to comply with it.
(2) Where this Part applies by virtue of section 1(2)(b), this section does not apply unless—
(a) a copy of the notice of transfer, and
(b) copies of the documents containing the evidence,
have been given to the accused under regulations made under section 5(9) of the M1Criminal
Justice Act 1987.

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(3) Where this Part applies by virtue of section 1(2)(c), this section does not apply unless—
(a) a copy of the notice of transfer, and
(b) copies of the documents containing the evidence,
have been given to the accused under regulations made under paragraph 4 of Schedule 6 to
the M2Criminal Justice Act 1991.
[F1( 3A) Where this Part applies by virtue of section 1(2)(cc), this section does not apply
unless—
(a) copies of the documents containing the evidence have been served on the accused under
regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998; and
(b) a copy of the notice under [F2subsection (1) of section 51D]F2 of that Act has been
served on him under that subsection.]
(4) Where this Part applies by virtue of section 1(2)(e), this section does not apply unless the
prosecutor has served on the accused a copy of the indictment and a copy of the set of
documents containing the evidence which is the basis of the charge.
(5) Where this section applies, the accused must give a defence statement to the court and the
prosecutor.
(6) F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 Voluntary disclosure by accused.
(1) This section applies where—
(a) this Part applies by virtue of section 1(1), and
(b) the prosecutor complies with section 3 or purports to comply with it.
(2) The accused—
(a) may give a defence statement to the prosecutor, and
(b) if he does so, must also give such a statement to the court.
(3) F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) If the accused gives a defence statement under this section he must give it during the
period which, by virtue of section 12, is the relevant period for this section.

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[F1 6AContents of defence statement
Annotations:
Amendments (Textual)
F1S. 6A inserted (4.4.2005 for E.W. and 15.7.2005 for N.I.) by Criminal Justice Act 2003 (c.
44), ss. 33(2), 336; S.I. 2005/950, art. 2 Sch. 1; S.I.2005/1817, art. 2
(1) For the purposes of this Part a defence statement is a written statement—
(a) setting out the nature of the accused’s defence, including any particular defences on which
he intends to rely,
(b) indicating the matters of fact on which he takes issue with the prosecution,
(c) setting out, in the case of each such matter, why he takes issue with the prosecution, and
(d) indicating any point of law (including any point as to the admissibility of evidence or an
abuse of process) which he wishes to take, and any authority on which he intends to rely for
that purpose.
(2) A defence statement that discloses an alibi must give particulars of it, including—
(a) the name, address and date of birth of any witness the accused believes is able to give
evidence in support of the alibi, or as many of those details as are known to the accused when
the statement is given;
(b) any information in the accused’s possession which might be of material assistance in
identifying or finding any such witness in whose case any of the details mentioned in
paragraph (a) are not known to the accused when the statement is given.
(3) For the purposes of this section evidence in support of an alibi is evidence tending to
show that by reason of the presence of the accused at a particular place or in a particular area
at a particular time he was not, or was unlikely to have been, at the place where the offence is
alleged to have been committed at the time of its alleged commission.
(4) The Secretary of State may by regulations make provision as to the details of the matters
that, by virtue of subsection (1), are to be included in defence statements.]

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Sample Defence Statement
DEFENCE STATEMENT
(Criminal Procedure and InvestigationsAct 1996, section 5 & 6; Criminal Procedure and InvestigationsAct 1996 (Defence Disclosure Time
Limits) Regulations 2011; Criminal Procedure Rules, rule 22.4)
Case details
Name of defendant:
Court:
Case reference number:
Charge(s):
When to use this form
If you are a defendant pleading not guilty:
(a) in a Crown Court case, you must give the information listed in Part 2 of this form;
(b) in a magistrates’ court case, you may give that information but you do not have to do so.
The time limit for giving the information is:
14 days (in a magistrates’ court case)
28 days (in a Crown Court case)
after initial prosecution disclosure (or notice from the prosecutor that there is no material to
disclose).
How to use this form
1. Complete the case details box above, and Part 1 below.
2. Attach as many sheets as you need to give the information listed in Part 2.
3. Sign and date the completed form.
4. Send a copy of the completed form to:
(a) the court, and
(b) the prosecutor
before the time limit expires.
If you need more time, you must apply to the court before the time limit expires. You should apply in
writing, but no special form is needed.
Part 1: Plea
I confirm that I intend to plead not guilty to [all the charges] [the following charges] against
me:

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Part 2: Nature of the defence
Attach as many sheets as you need to give the information required.
Under section 6Aof the Criminal Procedure and Investigations Act 1996, you must:
(a) set out the nature of your defence, including any particular defences on which you intend to rely;
(b) indicate the matters of fact on which you take issue with the prosecutor, and in respect of each
explain why;
(c) set out particulars of the matters of fact on which you intend to rely for the purposes of your
defence;
(d) indicate any point of law that you wish to take, including any point about the admissibility of
evidence or about abuse of process, and any authority relied on; and
(e) if your defence statement includes an alibi (i.e. an assertion that you were in a place, at a time,
inconsistent with you having committed the offence), give particulars, including –
(i) the name, address and date of birth of any witness who you believe can give evidence in support
of that alibi,
(ii) if you do not know all of those details, any information that might help identify or find that witness.
Signed: …………………………………………….. defendant / defendant’s solicitor
Date: ………………………….

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THE CHARGE:
Harassment without violence:
Between 1st December 2013 and 4th February 2014 at Tetbury pursued a course of conduct
which amounted to the harassment of Samantha Bryce and which you knew or ought to have
known amounted to the harassment of her in that you approached her at Tesco, her place of
work, and gave a calendar and a piece of paper with your contact details on it, sent a card to
her at Tesco, and sent an email of complaint to Tesco, contrary to section 2 (1) and (2) of the
Protection from Harassment Act, 1997.
THE STATUTE:
The Protection from Harassment Act, 1997.
1. Prohibition of harassment.
(1) A person must not pursue a course of conduct—
(a )which amounts to harassment of another, and
(b) which he knows or ought to know amounts to harassment of the other.
(2) For the purposes of this section, the person whose course of conduct is in question ought
to know that it amounts to harassment of another if a reasonable person in possession of the
same information would think the course of conduct amounted to harassment of the other.
(3) Subsection (1) does not apply to a course of conduct if the person who pursued it shows—
(a) that it was pursued for the purpose of preventing or detecting crime,
(b) that it was pursued under any enactment or rule of law or to comply with any condition or
requirement imposed by any person under any enactment, or
(c) that in the particular circumstances the pursuit of the course of conduct was reasonable.
2. Offence of harassment.
(1) A person who pursues a course of conduct in breach of section 1 is guilty of an offence.
(2) A person guilty of an offence under this section is liable on summary conviction to
imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the
standard scale, or both.
7. Interpretation of this group of sections.
(1) This section applies for the interpretation of sections 1 to 5.
(2) References to harassing a person include alarming the person or causing the person
distress.
(3) A “course of conduct” must involve conduct on at least two occasions.
(3A)A person’s conduct on any occasion shall be taken, if aided, abetted, counselled or
procured by another—
(a) to be conduct on that occasion of the other (as well as conduct of the person whose
conduct it is); and
(b) to be conduct in relation to which the other’s knowledge and purpose, and what he ought
to have known, are the same as they were in relation to what was contemplated or reasonably
foreseeable at the time of the aiding, abetting, counselling or procuring.
THE PLEA:
Not guilty.

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i) in the particular circumstances the pursuit of the course of conduct was
reasonable.
In summary: I was acquainted with Samantha B. and the course of conduct I pursued was
motivated and encouraged by her conduct towards me.
ii) the course of conduct was pursued for the purpose of detecting crime.
The unlawful interception of communications sent to and sent from Samantha Bryce.
The Regulation of Investigatory Powers Act, 2000.
1 Unlawful interception.
(1) It shall be an offence for a person intentionally and without lawful authority to intercept,
at any place in the United Kingdom, any communication in the course of its transmission by
means of—
(a) a public postal service; or
(b) a public telecommunication system.
(2) It shall be an offence for a person—
(a) intentionally and without lawful authority, and
(b) otherwise than in circumstances in which his conduct is excluded by subsection (6) from
criminal liability under this subsection,
to intercept, at any place in the United Kingdom, any communication in the course of its
transmission by means of a private telecommunication system.
(Possibly) the direct and indirect harassment of Samantha Bryce by the police and by persons
acting in their interest or on their behalf:

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The Protection from Harassment Act, 1997.
2. Offence of harassment.
(1) A person who pursues a course of conduct in breach of section 1 is guilty of an offence.
(2) A person guilty of an offence under this section is liable on summary conviction to
imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the
standard scale, or both.
Information required, police logs, other witness statements.

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The facts at issue.
I have approached this case from the perspective that the prosecution witness is corrupted and
has retracted all her comments and has erased the past to the extent that it involved any
interaction between us.
The charge:
1). “Between 1st December 2013 and 4th February 2014 at Tetbury...”
The event involving the calendar took place on 28th November, 2013.
The witness statement page one:
1). I have held this position for six months.
She could not have held this position for more than five months. Six months may be an
approximation but it is not expressly stated as such. She has not mentioned that she was
previously employed as a Customer Service Assistant - as if she had something to hide -
which I would regard as suspicious.
This statement immediately calls into question the reliability and integrity of the witness.
2). Approximately a week before Christmas 2013…
The event involving the calendar took place on 28th November, 2013, at approximately 12.06
pm. I retain the till receipt relating to the transaction. Samantha Bryce is employed in a
managerial role at Tesco and even if she had forgotten the dates of key events she would have
been able to access store records to discover and corroborate them.
The statement “Approximately a week before Christmas 2013” is a false statement.
3). I was approached by a male…
She was serving me at the time. I retain the till receipt relating to the transaction which
potentially would bear her fingerprints and possibly other identifiers. When I entered the
store she was not operating a checkout. She was in the vicinity of the checkout area at the far
end of the store. I only purchased a few provisions yet when I returned to the checkout area a
few minutes later she was operating a checkout and serving a female customer.
Contextually the statement “I was approached (by a male)” is a false statement.
4). …who I now know to be a Nick Fenney…
She was well aware of my identity. We had become acquainted on the 5th August, 2013. I
retain the till receipt for that transaction which potentially would bear her fingerprints and
possibly other identifiers. She had informed me on both 27th August and 28th November,
2013, that she had visited my website www.nickfenney.com. On the 27th August, 2013, she
told me that after she had processed the transaction of 5th August, 2013, she had made a note
of my name on a piece of paper. She had also scanned my Tesco Clubcard on three
occasions.
The statement “…Who I now know to be a Nick Fenney” is a false statement.
5). I was serving a customer at the time on the checkouts.
When I entered the store she was not operating a checkout. She was in the vicinity of the
checkout area at the far end of the store. She glanced in my direction and I glanced in hers. I
only purchased a few provisions yet when I returned to the checkout area a few minutes later
she was operating a checkout and serving a female customer.
Contextually the statement “I was serving a customer at the time on the checkouts” is a false
statement.
6). Fenney came across and interrupted the current transaction…
When I approached the checkout area via the tea/coffee/cereals aisle I could no longer see her
in the checkout area and I had then assumed that she had gone to the staff area or to another
part of the store. I went to the checkout facility with the least number of customers waiting in

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a queue. I placed my provisions on the conveyor belt. I looked up and saw that she was
operating the checkout. She was serving a customer. I was the next customer.
I did not come across and interrupt the current transaction.
The statement “Fenney came across and interrupted the current transaction” is a false
statement.
7). …and thrust a large brown, envelop(e) in my hands.
The calendar was loosely wrapped in brown lattice paper. It was not in an envelope.
I had placed it at the very end of the checkout at the start of the transaction. The package was
inside a purple shopping bag. I merely removed it from the bag and put the bag in my pocket.
The calendar was not “thrust into” her hands.
The statement “And thrust a large brown envelop(e) in my hands” is a false statement.
8). I was speechless at the time…
We conversed throughout the course of the transaction. At its closure I said “I’ve got
something for you.” She said “Is it for me?” I said “Yes, it’s a calendar”. She said “Could
you say that again? You speak so fast.” I repeated what I said. She said “Thankyou. I don’t
have one. Oh next year’s you mean? You’ve made my day.” Prior to that she said that she
looked forward to seeing me again, and she said that she would be on the checkout until
Christmas.
She was not “speechless at the time”.
The statement “I was speechless at the time” is a false statement.
9). I did not understand what was going on…
She was aware that I had given her a calendar and she thanked me for it.
The statement “I did not understand what was going on” is a false statement.
10). I did not recognise him as I normally do my regular customers.
of my name on a piece of paper.
The statement “I did not recognise him as I do my regular customers” is a false statement.

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11). Eventually I came off the checkouts and went in the staff area to open up this large
envelop(e).
As I was being served a female customer put her provisions on the conveyor belt. She said to
Samantha “It’s alright if you want to open it.” As I was exiting the store Samantha opened the
package and when she observed that the calendar had been personalised with the name of
Samantha she burst-out laughing. A male manager remarked “You’re not really allowed to
receive gifts. It’s not us. It’s security. It’s alright this time.”
The statement “I…went in the staff area to open up this large envelop(e)” is a false statement.
12). What disturbed me the most was that the calendar was personalised and had my
name on it.
As I was exiting the store Samantha opened the package and when she observed that the
calendar had been personalised with her forename she burst-out laughing.
The statement “what disturbed me the most was that the calendar was personalised and had
my name on it” is a false statement.
13). This included my surname – although not spelt correctly, was very disturbing.
The calendar was only personalised with her forename. How would I have known her
forename/surname if we had never met before?
I took a photograph of the front of the calendar at 1.22 pm on the 7th November, 2013. I
uploaded low resolution copies of the photographs for the calendar to the
www.photobox.co.uk website on 25th October, 2013 and then placed my order, order
reference number 3588PVA). I retain a copy of the photograph and if you right click over the
photograph in Windows Explorer, choose “Properties” from the right-click menu, and then
click-on the “Details” tab you will see the date that the photograph was taken.
On Friday 31st January, 2014, I visited www.tescocomments.com and commended Samantha
for providing reasonable customer service. I left the following comment about her: “In my
observation Samantha (Jansen?) has not been in an altogether happy disposition since the 28th
November, 2013. She is either in love or she is not eating enough mangoes and pineapples.”
Furthermore, I addressed the Valentine’s Card to Samantha J (not to Samantha Bryce).
The statement “this included my surname – although not spelt correctly, was very disturbing”
is a false statement.
14). I threw the calendar away at home, as I did not want it lying around…
At approximately 12.41 pm on the 18th December, 2013, after processing the transaction,
Samantha informed me that the calendar had been “ripped-up”. She said that she had “cried
all night”. She went on to say that “My mum was alright about it. Do you know what she
does to me? She might be alright with you. Don’t come round. Your name is a dirty word in
our house.”
The statement “I threw the calendar away at home” is a false statement.

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Comment about the scenario involving the calendar:
The scenario created by the complainant is not credible. Here we are to envisage a mute
complete stranger interrupting a transaction to give a calendar incorrectly personalised to a
speechless complete stranger. There would have had to have been some connection between
the two people. There is no description of my appearance and I evidently do not make any
comment to her. If she was serving a customer and scanning items her eyes would have been
downcast so I would not have appeared in her field of vision and she would not have
observed my approach. Furthermore, her hands would not have been in a receiving posture.
They would have been resting on the checkout or ready to scan another item. The description
of this event is therefore a work of fiction and it has not been recalled from memory. So why
was it created? In order to demonstrate an intent to harass.
The idea of a calendar being personalised with a misspelt surname is ridiculous. If I had
known her forename and had overheard her surname or had been informed of her surname
then it would inevitably have been spelt Bryce” or “Brice”; if I had googled “Samantha Brice
I would not have had any search results so I would then have known that she would not have
been called “Samantha Brice” but rather “Samantha Bryce and so the surname would have
been spelt correctly on the calendar. I would not have needed to contact her at her place of
work for I could have potentially contacted her over the Internet. Other than labels, few, if
any items when personalised would bear a person’s surname. The calendar could potentially
have cost £20.49 to print so I would have ensured that the details were correct before having
it printed. The description of this event is therefore a work of fiction and it has not been
recalled from memory. So why was it created? In order to introduce the idea of stalking. Most
adults receive personalised items through the post several times a year, For example,
Christmas cards, address labels. They are either created by charities seeking a donation or by
businesses hoping to attract new customers. I have received personalised labels from one
particular charity on more than two occasions in the past year. If I reported the matter to the
police would they take my complaint seriously? The answer to that question would be “no”.
So it would seem unlikely to me that a person would genuinely find a personalised item “very
disturbing”. This was a beautiful, high quality calendar and most strangers would have been
perhaps surprised, perhaps flattered to have been given a copy of it. They would have made
use of it not matter what they thought of the person who had created it. The description of
this event is therefore a work of fiction and it has not been recalled from memory. So why
was it created? In order to impute harassment.
15). The second encounter I had with Fenney was a couple of weeks later.
The event involving the contact details took place on the 18th December, 2013. I retain the till
receipt for that transaction which potentially would bear her fingerprints and possibly other
identifiers. This was our seventh encounter. The previous four encounters took place on 5th
August, 12th August, 19th August, 27th August, 27th November, & 28th November, 2013,
respectively.
The statement “The second encounter I had with Fenney was a couple of weeks later” is a
false statement.

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16). The signature of the complainant does not appear to match the body text.
The puerile voice of the author of the witness statement is not hers and evokes the personality
of an adolescent mental defective; whereas I know Samantha Bryce to be intelligent,
articulate and honest in her opinions. The level of intelligence manifest in the witness
statement is inferior to the level of intelligence manifest in the “Linkedin” profile created by
Samantha Bryce.
The witness statement page two:
17). Everything was going along smoothly and suddenly I saw Fenney at the end of the
conveyor belt.
When the event involving the contact details took place, she neither observed me approach
the checkout nor place my provisions on the conveyor belt as she was occupied with an
elderly customer and looking in the opposite direction. When I approached the checkout
Samantha was serving an elderly woman who had a Tesco Clubcard voucher for a free giant
tube of Smarties (or some similar Christmas confectionery). The woman was asked by
Samantha and then by a team leader if she wanted to use the voucher. She declined. I said
“I’ll have it if you don’t want it.” Samantha burst out laughing and the elderly woman
appeared to mistakenly think that I was making fun of her. While I was standing in the queue
a female team leader offered me a mince pie from the Tesco Bakery.
The statement “everything was going along smoothly and suddenly I saw Fenney at the end
of the conveyor belt” is a false statement.
18). A team leader, which I cannot remember the name…
I presume that is “whose name I cannot remember…” This statement is not credible. She
could have easily discovered the person’s name if she had forgotten it. She states that she
cannot remember it because the event subsequently described is false and she is uncertain as
to whether or not she can rely upon a false witness.
19). …asked customers to move on to another free checkout to speed up the process at
the checkouts.
This statement “asked customers to move on to another free checkout to speed up the process
at the checkouts” is a falsehood.
20). Fenney did not move and remained behind other customers, but refused.
When I approached the checkout, there were not any other customers there other than the
person whom she was in the process of serving.
This statement “Fenney did not move and remained behind other customers, but refused” is a
falsehood.
21). My stomach just sank.
As the event to which this statement relates did not take place then this statement is an
evident falsehood.
22). I felt apprehensive, as I did not know what he was going to do or give me.
This statement is not credible because even if we were to believe her version of events, she
had only been given a calendar.
23). I was thinking to myself don’t talk to him.
We conversed throughout the transaction. For example, at the start of the transaction, I said to
Samantha “I am sorry I didn’t ask you out in August. I wouldn’t know where to begin to
explain why.” She said “Like that is it?” (and mentioned a female whom she thought I was
associated with). She said “It’s alright I was going out with someone anyway. Daniel said he
didn’t know what you could see in me. I couldn’t get rid of him. I’m sorry for what I said. I
got out of the wrong side of the bed. They wouldn’t say what it was all about.” She said that
she didn’t realise that I was so tall and correctly guessed that I was 6 foot 4 inches (in my
boots). I asked “what time do you finish today?” She replied “7 o’clock.” She said she

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couldn’t go out that night as she was going out with her mum and that she had also promised
a date to somebody else. She indicated that she had problems with her mother. She said
“Come in later, around 5 pm. I might be able to finish early”. She said she started work at 10
am and suggested I waited for her before she came in to work. I asked her if she was working
over Christmas. She said that she would be working over the Christmas period.
The statement “I was thinking to myself don’t talk to him” is a false statement.
24). I know it was not allowed in my job but I was so scared what he was going to do.
Again, this statement is not credible because even if we were to believe her version of events,
she had only been given a calendar.
25). He then asked me if I liked the duck calendar. I pretended that I did not hear and
carried-on.
I asked “Did you like the duck calendar?” To which she replied “I liked it but everyone took
the piss out of it. If you were trying to impress me you failed. I was disappointed really. I
don’t know how to say it…the photographs were too square on. Mine are better. I’ll show
you some of mine.” Then in a quieter voice she said “They said that you didn’t do them.” She
said that she would have preferred a calendar of the “tree photographs”. Although I did not
believe that she had been “disappointed” with the duck calendar, I created another calendar
for her: “Samantha’s Gromit at Westonbirt Arboretum Calendar”. At the end of the
transaction she apologised for her insulting behaviour and said that it was the only way that
she could speak to me.
The statement “I pretended that I did not hear and carried-on” is a false statement.
26). It was then that he made another comment about my horse.
Prior to the 7th February, 2014, I had no idea that she had a horse. I have never had any
discussion with her about horses. She did say on 28th November, 2013, that she liked the
horse photographs on my website but she did not mention the fact that she rode a horse or
that she had a horse.
The statement “it was then that he made another comment about my horse” is a false
statement.
27). He gave the exact colour of the horse.
discussion with her about horses.
The statement “he gave the exact colour of the horse” is a false statement.
28). I got really scared then.
The statement “I got really scared then” is a false statement as the event to which it relates
did not take place.
28). I do not know how he got to find out that I had a horse and in particular the actual
colour.
The statement “I do not know how he got to find out that I had a horse and in particular the
actual colour” is a false statement.
29). I was taken aback.
The statement “I was taken aback” is a false statement as the event to which it relates did not
take place.
30). He would go on and explain that the particular horse I had was notorious but
beautiful.
The statement “He would go on and explain that the particular horse I had was notorious but
beautiful” is a false statement.

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31). I carried-on really awkwardly and stayed quiet.
We conversed throughout the transaction.
The statement “I carried-on really awkwardly and stayed quiet” is a false statement as the
event to which it relates did not take place.
32). This seemed to keep him quiet.
We conversed throughout the transaction.
The statement “This seemed to keep him quiet” is a false statement.
33). I did not look at him and felt that he was staring at me.
We were engaged in conversation and gazing into each other’s eyes. At the end of the
transaction she said “I would give you a kiss if you weren’t wearing that hat” and she said
“You love me. I can tell.” On 18th December, 2013, I visited
https://www.tescocomments.com/se.ashx and commended Samantha for providing excellent
customer service. I left the following comment about her: “I was served by the indescribably
gorgeous Samantha today. I was going to tell her that she was right, I do love her, and I was
going to ask her if there was a cure available in store but there simply wasn’t enough time.
634004024102840370 I received an email acknowledgement from
tesco@tescocomments.com Thank you for leaving a comment about your recent shopping
trip. Your feedback helps us to improve for the future. All of the comments we receive are
forwarded to the store and shared with the team. Once again thanks for taking the time to let
us know. The message was sent at 2.47 pm Wednesday 18th December, 2013. I left this
message because Samantha had said to me “You love me. I can tell.” This was the third
occasion on which she had made this remark to me. This message indicates that we had a
romantic encounter.
The statement “I did not look at him and felt that he was staring at me” is a false statement.
34). (At) the end of the transaction, he was mumbling and got-out this piece of paper.
I was not mumbling. I was speaking to her in a normal voice. I had retrieved the piece of
paper bearing my contact details from my wallet while she was serving another customer.
The statement “(At) the end of the transaction, he was mumbling and got-out this piece of
paper” is a false statement.
35). He was sorting-out his PIN number on a card machine and was searching in his
pockets.
In general I pay for all in store shopping in cash and (obviously) I pay for all online purchases
with either a credit or a debit card. So I would not have paid for the goods with a debit or
credit card. My debit and credit card statements for the period November 2013 to March 2014
would demonstrate the fact.
The statement “He was sorting-out his PIN number on a card machine and was searching in
his pockets” is a false statement.
36). He then presented a piece of paper to me.
I did not present a piece of paper to her. I asked her if she would like my contact details. She
said that “it would help” and I then gave them to her.
The statement “He then presented a piece of paper to me” is a false statement.
37). Instantly alarm bells started ringing. I was thinking back to the duck calendar. I
said to him “No thank you.”
I did not present a piece of paper to her. I asked her if she would like my contact details. She
said that “it would help” and I then gave them to her. Samantha accepted the piece of paper,
opened it up, scanned it, and concealed it about her person. I asked her if she could try and
contact me as I had reason to suspect that any communication she sent to me would be
intercepted. She said that she would try and contact me. She remarked “they’re doing the
same thing to me.” I have not received any communication from her which would tend to
confirm my suspicions.

16
The statement “Instantly alarm bells started ringing. I was thinking back to the duck calendar.
I said to him “No thank you”” is a false statement.
The witness statement page three:
38). …and in the other thrust what was in his pocket a piece of paper.
I asked her if she would like my contact details. She said that “it would help” and I then gave
them to her. My contact details were not in any of my pockets. They were inside my wallet
which was in my right hand.
The statement “…And in the other thrust what was in his pocket a piece of paper” is a false
statement.
39). This was an A4 white sheet of paper, which was flat when he gave it to me.
This statement is questionable. I am pretty sure (but not absolutely certain) that I did not give
her an A4 sheet of paper. I had printed the contact details onto an A4 sheet of paper and then
removed the blank area surrounding the contact details with a kitchen knife. I had to fit the
piece of paper bearing my contact details inside my wallet. I stored it in the pocket inside my
wallet containing my business cards. The piece of paper was not “flat”, it was folded as I had
placed it in my wallet.
Comment about the scenario involving the contact details:
This scenario is not credible. If she has been serving customers then she would not have
looked in my direction. Once she had finished a transaction she would have made eye contact
with the next customer. “Customers” in the given context would mean several, four, five, six
maybe and I would not have been visible at the end of the conveyor belt. I would have been
obscured or partially obscured by other customers. Only one or two customers would have
placed their goods on the conveyor belt. There is no communication between her and the
team leader in respect of myself and in the given circumstances the team leader would have
personally asked me to go to another checkout or would have had the optionof closing-down
the checkout. The description of this event is evidently a work of fiction and it has not been
recalled from memory. So why was it created? In order to demonstrate an intent to harass.
Even if I had known her surname I could not have found out anything about her horse. I mean
it doesn’t have a Facebook account or a Twitter account does it? On the day following my
arrest I viewed the photographs on her Facebook page. She would appear to have been
photographed with six different horses and there is no indication that she owned any of them.
If I had KNOWN she had a horse I would have KNOWN its colour so how could you know a
person had a horse and not know its colour? Are some of them transparent? There would be
nothing alarming or scary about knowing its colour. The description of this event is therefore
a work of fiction and it has not been recalled from memory. So why was it created? In order
to introduce the idea of stalking and in order to impute harassment.
There is no reason why I would be “mumbling” at the end of the transaction. Or do people
tend to mumble after being falsely accused of mentioning a horse? No reasonable person
would become alarmed at the sight of “a piece of paper”? “Instantly alarm bells started
ringing”. Were these fire alarms, burglar alarms, warning alarms etc? Where were they
ringing? In her mind? In store? Both? (“Excuse me. There’s an unexpected conflagration in
my mind. Please get me a glass of water”) Would I have given sensitive personal data to a
person I did not know? People tender contact details for acceptance so inevitably a person
would ask another whether he or she wanted contact information or not. The description of
this event is therefore a work of fiction. The event has not been recalled from memory. So
why was it created? In order demonstrate an intent to harass and in order to impute
harassment.
40). It all went quiet and I assumed that he had lost interest.

17
I next saw her on the 8th January, 2014 (I believe it was) and I said “Hello” to her as she
opened the adjacent checkout at approximately 2 pm. She scowled and did not respond
immediately. She scrutinised me, lowered her eyes and, as she was turning around, said “I
was right the first time. You are dishy.” A woman waiting to be served said to her “Is he
harassing you? I’d report him to the police if I was you.” Samantha replied “It’s not like that
at all. It’s the other way round. I’m harassing him. He turns me on.” (I would find it
extraordinary that any person could impute harassment of another from the simple fact of
observing a greeting). She made a few more comments with her back turned to me as I was
leaving the store. The woman who had just served me said “the police won’t allow her to
speak to you”. I returned to the store some thirty minutes later in order to try and engage her
in conversation But I could not see her anywhere. I do not retain either of the two till receipts
for the transactions of 8th January, 2014, as I was in the process of decorating the interior of
the house and the till receipts were probably thrown-away in confusion. I saw her at
approximately 10 am on the morning of the 31st January, 2014. She made a few comments as
I walked past her. I was unable to engage her in conversation as she was talking to two
colleagues about work related issues.
On Friday 31st January, 2014, I visited www.tescocomments.com and commended Samantha
for providing reasonable customer service. I left the following comment about her: “In my
observation Samantha (Jansen?) has not been in an altogether happy disposition since the 28th
November, 2013. She is either in love or she is not eating enough mangoes and pineapples.”
The statement “It all went quiet and I assumed that he had lost interest” is a false statement.
41). I turned-up for work and was confused. I asked my boyfriend if he had something
to do with it. He denied this.
This scenario is not credible. No reasonable person would become “confused” at the sight of
a Valentine’s Card. Any reasonable person would have opened it immediately and would
have been flattered to receive it no matter who it was from. It was marked “not to be opened
before Valentine’s Day” and the intended recipient would have more than likely respected the
wishes of the sender. (Other than playfully), no reasonable person would have checked to see
if it was from his or her partner for Valentine’s Cards are traditionally sent anonymously and
so the sender would have been obliged to neither confirm nor deny sending it.
42). There was a card with two scary looking rabbits on the front, which appears to be a
print from a water colour, with the words “I Love You” at the bottom.
This statement is not credible. The card was listed on eBay as a Valentine’s Card and the
front of the card bears the inscription “I Love You”. The artist called the image “Summer
Loving”. No reasonable person would find the image “scary”.
I chose the Valentine’s Card “Summer Loving” because she had informed me on 28th
November, 2013, that she was looking for someone to look after her. The image emphasizes
the quality of caring. She said that she knew that I would look after her but recognised that I
was “a bit old”.
I chose the enclosed image of the “bedhares” because she had informed me on the same day
that she didn’t like sleeping in a bed with a partner as she was continually woken-up during
the course of the night. I thought that the image would make her laugh.
The statement “appears to be a print from a water colour” is incongruous and would tend to
suggest that the source of that information was the police and that the police had access to
intercepted material.
The animals portrayed are hares not rabbits.
43). I have opened the card to find a separate postcard with two rabbits in bed. It took
me awhile to realise what this meant.

18
This statement is not credible. The image is not overtly sexual in character. It portrays the
comfort and discomfort of a personal relationship. I found it amusing. She made several
comments to me of a sexual character in the course of our discussions
44). Also inside was a laminated fridge magnet again with two rabbits hugging, called
“Summer Loving”. I found this offensive and very scary.
This statement is not credible. The card was listed on eBay as a Valentine’s Card and the
front of the card bears the inscription “I Love You”. The artist called the image “Summer
Loving”. No reasonable person would find the image “offensive and very scary”. The image
on the front of the fridge magnet is the same as the image on the front of the Valentine’s Card
and yet the complainant fails to realise. I would suggest that the artist would find the
complainant’s comments “offensive and very scary”.
45). It was if he now was starting-up again.
The statement “It was if he now was starting-up again” is a false statement because I sent the
Valentine’s Card to her anonymously. Furthermore, I had never sent anything to her
previously. She could not have known that I had sent it to her. She makes no mention of the
fact that the image of the “bedhares” contained the words “It is” written in pencil in the top
right hand corner. Samantha had previously indicated to me on the 27th August, 2013, and on
the 18th December, 2013, that she would only form a relationship with me “if it was her”.
46). Just the thought of him watching me makes me feel nervous.
This statement is not credible because I could not possibly be watching her so she would have
no cause to feel nervous. To the best of my knowledge, I have seen her on approximately
twelve occasions in the course of my life. The first time was on 26th April, 2013; the last time
was on 31st January, 2014. Although on 28th November, 2013, she informed me that she saw
me at a concert in 2011.
The witness statement page four:
47). The store manager, Eddie, explained to me that Head Office had received
complaints from an e-mail from Nick Fenney.
I had not made any complaint relating to staff at Tesco Tetbury to Tesco Head Office. I
submitted the following query via a web form at 2.41pm on Monday 3rd February, 2014:
Additional Information: I note that the larger Tesco stores commonly employ security guards.
Are the security guards employed by Tesco or are they hired by Tesco or would it vary from
store to store?
The other day I witnessed a security guard remark “Do not keep coming in here on the dole.
We can’t accept it” in the Tetbury store. I assume the security guard was alluding to social
security benefits. I do not know for certain which customer was the target of his remark but I
am alarmed at such discourteous and offensive conduct which puts the safety of both staff
and customers at risk. He also threatened to shut the doors on the customer.
Now, tell me, is it the policy of Tesco to discriminate against customers in receipt of certain
social security benefits?
Nick Fenney www.nickfenney.com
Please reply by e-mail.
My conduct has therefore been misrepresented by the store manager, Eddie Bodsworth.
48). These ranged from making a complaint about the security guard…
I did not make any complaint about the security guard. I stated that I had overheard him make
a series of offensive comments to a customer. I contacted Tesco Head Office in order to
discover whether or not he was employed by Tesco and in order to discover whether or not
Tesco Head Office endorsed his comments. In her response to my query Sonia Ellwood
stated that she would have the matter investigated for me. I replied “I would not wish you to
investigate the matter at this stage but if I observe any further instance of misconduct I will

19
email you full details of the incident. I was merely trying to gauge the opinion of customer
service about such behaviour.”
So, again, my conduct has been misrepresented by the store manager, Eddie Bodsworth.
49). …to members of staff bullying me at work, calling me a “little slut” or “a mad
bitch”.
In an e-mail sent to Sonia Ellwood at 5.55 pm on Monday 3rd February, 2014, I wrote: “One
acquaintance of mine, an employee, Samantha, informed me that she wasn’t allowed to speak
to me unless she made fun of me. She is the victim of harassment in the workplace. I heard
one member of staff refer to her as “a little slut” in December and another refer to her as “a
mad bitch” on Friday. She told me that everyone made fun of her. I heard someone tell staff
to stop making fun of her. He said that she was “a bit odd”.
The precise comment I heard was “It’s you (reference to me) and that mad bitch” (reference
to her). The “someone” was a male manager.
Again, my conduct has been misrepresented by the store manager for I had cited one instance
of someone calling her “a little slut” and one instance of someone calling her “a mad bitch”
but the latter is sometimes used as a term of endearment amongst females. I stated that she
was “a victim of harassment in the workplace” but I would make a distinction between
“harassment” and “bullying” yet the reference to “bullying” may be a Freudian slip on the
part of the store manager.
50). I have a very good working relationship with my colleagues and neither is true.
I did not suggest that she did not have a good relationship with her colleagues nor did I
suggest that either statement was true.
So the inference derived from my comments is misconceived.
51). Security approached me and explained that Fenney was spotted around the petrol
station area where I have been supporting the department on a late shift.
I have never visited the Tesco “petrol station area”. I have a witness statement to account for
my whereabouts during the evenings/nights of the week in question. The scenario is not
credible. The security guard is not identified. The event is not timed and it would need to be
timed in order to have any credence. There is no description of my appearance. The event
presumably occurred in the hours of darkness. I would not have been immediately identified
in relative obscurity. Even if I had known her surname, I could not have traced any
information about her that related to the “petrol station area”. The description of this event is
therefore a work of fiction and it has not been recalled from memory. So why was it created?
In order to introduce the idea of stalking and in order to impute sinister intent. The disclosure
of this information is suspicious as it is tantamount to disclosing her home address.
The statement “Fenney was spotted around the petrol station area” is a false statement.
52). I have had no contact with Fenney since the letter of e-mail details he thrust in my
hand.
We came into contact with one another on the 8th and on the 31st January, 2014. She has also
stated that she received a Valentine’s Card from me. On Friday 31st January, 2014, I visited
www.tescocomments.com and commended Samantha for providing reasonable customer
service. I left the following comment about her: “In my observation Samantha (Jansen?) has
not been in an altogether happy disposition since the 28th November, 2013. She is either in
love or she is not eating enough mangoes and pineapples.”
The “e-mail details” were not thrust into her hand. I asked her if she wanted my contact
details. She replied “Yes, it would help.”
The statement “I have had no contact with Fenney since the letter of e-mail details he thrust
in my hand” is a false statement.
53). However, I still feel very intimidated by it.

20
This statement is not credible. Even if we were to believe her version of events, she had
merely been given a gift, a beautiful calendar, contact details and an affectionate Valentine’s
Card. In the worst case scenario, it is not my conduct which is at fault but rather the state of
mind observing it.
54). During both incidents, I had Fenney under my observation for a minute; he just
springs-up at a distance of a couple of feet away.
On both occasions she stated that she was serving customers so her attention would not have
been focused on me but rather on the customers that she was in the process of serving; and
had it been focused on me then I would have been aware of it. On page two of the witness
statement she has made a contradictory statement “I did not look at him as I felt that he was
staring at me”. She qualifies the statement “During both incidents, I had Fenney under my
observation for a minute” with the following clause: “he just springs-up at a distance of a
couple of feet away”. If I sprung-up at a distance of a couple of feet away then I could not
have been “under her observation” for a minute.
If we were to believe her version of events I fail to see how I could have been under her
observation for a minute on the first occasion as she had never seen me before.
The statement “During both incidents, I had Fenney under my observation for a minute” is a
false statement.
55). My visibility is always good…
I presume she means “eyesight”. If her eyesight was “good” then she would have tracked my
movements and so I would not have sprung-up at a couple of feet away.
The statement “My visibility is always good…” is a false statement.
56). The only object in my way would be the checkout.
The checkout would not have been in her way unless she was under three foot tall. There
would not usually be any signage obstructing her view. The customer she was serving may
have partially blocked her vision. She was always standing when I saw her at the checkout.
The statement “The only object in my way would be the checkout” is a false statement.
57). I do not know who this man is, not evenas a regular customer.
occasions.
The statement “…I do not know who this man is” is a false statement.
58). I only know a name through head office and the note he thrust in my hand.
occasions. The name of my website would also have been printed (photos:
www.nickfenney.com) on the duck calendar that I gave her three weeks before I gave her the
contact details.
The statement “…I only know a name through head office and the note he thrust in my hand”
is a false statement.
The witness statement page five:

21
59). …late fifties…
She would have been well-aware of my age as she had scanned my Tesco Clubcard on three
occasions. She thought that I looked younger than I was. After putting the goods that I
wanted to buy into my shopping basket I approached the checkout area at approximately
11.35 am on the 5th August, 2013. I went to the only checkout without a queue. I could not
see who was operating the checkout from where I was positioned. After I had placed the
goods onto the conveyor belt I looked up and I saw the young lady whom I know now to be
Samantha (Bryce). She was serving an elderly woman. The woman remarked “You don’t
know what beautiful girls go through.” I presumed that she was referring to Samantha.
Samantha did indeed look radiantly beautiful on that day. I have to be honest I was absolutely
dazzled. We barely spoke to each other until the close of the transaction. When I handed her a
£20 and a £10 note, referring to the cash payment, she said “I haven’t seen that for a long
time” as if I belonged in the Stone Age. She remarked “you’re the one who likes Gabrielle
Aplin. I heard it on the radio.” When she scanned my Tesco Clubcard she realised that I was
older than she thought I was but she said “it doesn’t matter”. She thought that I was in my
thirties or my early forties. She said “you probably think I am too young. You’re probably
looking for someone in their thirties”.
The statement “late fifties” is a false statement as I know that she was aware of my exact age.
60). …5 foot 11 inches…
I am 6ft 2 in tall. She had remarked to me on 18th December, 2013, that she did not realise
that I was so tall. She guessed that I was 6 foot 4 inches tall. She would have been exactly
right. I would have been that height in the Clark’s ankle boots that I was wearing on that day.
I am 6 foot 2 inches tall and the boots have 2 inch heels.
The statement “5 foot 11 inches” is a false statement as I know that she was aware of my
exact height.
61). …bald/short hair.
On each of the twelve occasions I have come into contact with her I was wearing a black,
cashmere cap so she could not have known anything about my hair. The fact that I would
have been wearing a black, cashmere cap on each of these twelve occasions would be the one
aspect that would distinguish my appearance and yet she makes no mention of it. On 27th
August, 2013, she said “They said that you wouldn’t be seen without a hat.” Yet she has not
mentioned my cap. On the 18th December, 2013, she said “I would give you a kiss if you
weren’t wearing that hat. I’d pull it off but I’d get sacked.”
As she could not have known anything about my hair, the statement “bald/short hair” is a
false statement.
62). …wears a black jacket, this on two separate occasions…
I do not have and therefore do not wear a black jacket. On the six occasions I saw her
between 27th November, 2013 and 31st January, 2014, I was wearing a three quarter length
grey Melka coat made from 95% wool & 5% polyamide. On the 28th November, 2013, she
said “I like your coat”. On the 18th December, 2013, she said, referring to the coat, “It’s not
as good as I thought”.
The statement “…wears a black jacket, this on two separate occasions… is a false statement.
63). His accent doesn’t sound local, but mumbled at lot.
I do not mumble but I do on occasions speak very fast. She commented on this on 28th
November, 2013. She said “You speak so fast”.
The statement “mumbled a lot” is a false statement.
As most of the information provided by the complainant is false or lacking in credibility then
the “Victim Personal Statement” inevitably continues in the same vein; and even as a mature
man who embraces freedom of expression it makes me nauseous to read it.

22
64). I have never been scared to walk into work before, until this last week in particular.
mind observing it.
The statement “I have never been scared to walk into work before, until this last week in
particular” is a false statement.
65). I am constantly looking over my shoulder even at home.
This statement is not credible. Does she imagine that I am lurking in the lavatory? Even if we
were to believe her version of events, she had merely been given a gift, a beautiful calendar,
contact details and an affectionate Valentine’s Card. In the worst case scenario, it is not my
conduct which is at fault but rather the state of mind observing it.
The statement “I am constantly looking over my shoulder even at home” is a false statement.
66). It makes me scared that he has been thinking of me…
This statement is not credible and, as with the previous statement, prognoses symptoms of
paranoid delusion. Even if we were to believe her version of events, she had merely been
given a gift, a beautiful calendar, contact details and an affectionate Valentine’s Card. In the
worst case scenario, it is not my conduct which is at fault but rather the state of mind
observing it.
The statement “It makes me scared that he has been thinking of me” is a false statement.
67). …and worried that he might know where I live.
She had assumed that I knew where she lived for she said “Don’t come round” on the 18th
December, 2013. She indicated that her mother might be a source of conflict were we to form
a relationship.
The statement “…and worried that he might know where I live” is a false statement.
68). I am confused as I have never given the impression that I was interested in him.
We had a mutual interest in one another. When she scanned my Tesco Clubcard on 5th
August, 2013, she realised that I was older than she thought I was but she said “it doesn’t
matter”. She thought that I was in my thirties or my early forties. She said “you probably
think I am too young. You’re probably looking for someone in their thirties”. When she
handed me the till receipt she stared into my eyes and I stared into hers and she said “I
wanted to be model. Come on and I’ll give it to you.” She mentioned the time that she
finished work. She then said “I’ll think of something.” As I was leaving the store I heard her
say “I like him….He wants it…I’ll have to do something in the next year. If you don’t get
married by the age of 22 or 23 you never do…”
I retained the till receipt for this transaction and it is timed at 11.42 5th August, 2013 and
could potentially bear her fingerprints and other identifiers. I also retain a Tesco Price
Promise coupon to the value of £1.67 associated with this transaction.
On the 27th August, 2013, she said “You love me don’t you? Let it go set it free…I love
yooooou, everything about you. You are the only person who did not ask me out. In some
ways you are very good. You don’t pester me. But in other ways…You love me and you
won’t ask me out. You must know something I don’t… The time you take to get round to it
that’s what worries me…They’re trying to stop you getting it. Next time ask me out. That’s
all you’ve got to do. If you don’t ask you don’t get…You leave it all up to me…I’m sorry
Nick I thought you were avoiding me…You don’t realise what you are like…I’m not allowed
to speak to you. You get fined. I’ll be bankrupt by the end of the week…You’re worth it.
You’re the only one who is…Mum…was so worried for me…She saw your name. I had
written it down. After what they said to my mum you should sue them…I liked your website.

23
It’s the most beautiful I have seen. I like the ones of the ducks...We like the same things...”
She said that she had been “up half the night”.
When we met on the 28th November, 2013, I said “How are you?” She said “I’m good. And
you?” “I’m fine…” I replied. There was approximately 20 seconds silence. She said “It’s
alright now. I had bought some Tesco honey. She said that she preferred Rowse honey and
that it was currently on offer. I had bought some Carte Noire coffee and she said to a
colleague that she would try some. After she had handed me the till receipt I said “I hope to
see you again.” She replied “I look forward to it.” I was about to ask her out when she said
“Leave it for a week. I am having problems with my periods. It’s because I’ve lost weight.
They’ve stopped. I should come on tomorrow. I’m on a high fat diet. I am on the checkout up
until Christmas. Don’t worry about the way you look. I’m sure you do. Just someone I can
talk to; someone who would look after me; I know you would.” She said that she needed
someone older.”
At the start of the transaction on 18th December, 2013, I said to Samantha “I am sorry I didn’t
ask you out in August. I wouldn’t know where to begin to explain why.” She said “like that is
it?” (and mentioned a female whom she thought I was associated with). She said “It’s alright
I was going out with someone anyway. Daniel said he didn’t know what you could see in me.
I couldn’t get rid of him. I’m sorry for what I said. I got out of the wrong side of the bed.
They wouldn’t say what it was all about.” I asked “what time do you finish today?” She
replied “7 o’clock.” She said she couldn’t go out with me that night as she was going out with
her mum and that she had also promised somebody else a date. She indicated that she had
problems with her mother. She said “Come in later, around 5 pm. I might be able to finish
early”. She said she started work at 10 am and suggested I waited for her before she came in
to work. I asked her if she was working over Christmas. She said that she was working over
the Christmas period. When the transaction had concluded she informed me that I had saved
6p (Tesco Price Promise). I said that I would spend it wisely. She said “I would give you a
kiss if you weren’t wearing that hat. I’d pull it off but I’d get sacked.” She then apologised
and said it was the “only way that she could speak to me”. She then said “You’ve made my
day again.”
The statement “I am confused as I have never given the impression that I was interested in
him” is a false statement.
69). It has crossed my mind that he could be sinister.
mind observing it.
The statement “It has crossed my mind that he could be sinister” is a false statement.
70). I feel intimidated and uneasy by the whole episode that I am having difficulty in
sleeping at night.
mind observing it.
The statement “I feel intimidated and uneasy by the whole episode that I am having difficulty
in sleeping at night” is a false statement.
71). I am just so scared.
mind observing it.

24
The statement “I am just so scared” is a false statement.
72). It’s the unknown and what’s going to happen next.
mind observing it.
The statement “It’s the unknown and what’s going to happen next” is a false statement.
73). I now have to have male colleagues escort me in the car park to collect my car.
mind observing it.
The statement “I now have to have male colleagues escort me in the car park to collect my
car” is a false statement. By that I mean whether or not it is true the cause of action is false.
74). I am only a few minutes away by foot but I feel the need to use my car because of
this.
mind observing it. If a person had genuinely been harassed and lived in fear of another would
he or she indicate where he or she worked at night and where he or she lived in a witness
statement? Such information could be construed as an attempt to incite harassment.
The statement “I feel the need to use my car because of this” is a false statement. By that I
mean whether or not it is true the cause of action is false.

25
Points of law.
The investigating officer did not conduct his investigation in accordance with the code of
practice contained in section 23 (Code of Practice) of Part II (Criminal Investigations) of the
Criminal Procedure and Investigations Act, 1996. On 7th February, 2014, I informed him that
the witness statement was false and the following week I informed him that I had
documentary evidence in my possession which could potentially bear the fingerprints of
Samantha Bryce and thus potentially prove perjury. The investigating officer should pursue
all reasonable lines of inquiry “whether these point towards or away from the suspect” and I
would contend that “perjury” is a reasonable line of inquiry. The documentary evidence is
“relevant to the investigation” and should have undergone forensic examination.
Furthermore, the investigating officer did not question me about the credit or debit card
transaction mentioned on the second page of the witness statement nor did he question me
about the description of my appearance provided on pages four and five of the witness
statement. Surely any information which could be corroborated would help to establish the
innocence or guilt of a suspect; and surely the description of the appearance of the accused is
the most vital piece of information contained in a witness statement?
The CPS Guidelines state as follows: “The charge should accurately reflect the extent of the
accused's alleged involvement and responsibility.” The key word here is “accurately”. I had
rebutted the allegation and my version of events should have been investigated before a
decision was made as to whether there was sufficient evidence to charge me, or not. The
crown prosecutor would appear to be in breach of The Code for Crown Prosecutors for I was
charged before the police investigation had been completed and as the evidence is neither
reliable nor credible I fail to see how it could have passed “The Evidential Stage” of “The
Full Code Test”. The out of court disposal (i.e. my agreement to a lifelong restraining order)
offered by the crown prosecutor would indicate to me that the latter is acting from a corrupt
motive as its longevity and severity is out of all proportion to the trivial facts of the case. If
the complainant did not wish me to approach her or to contact her then she only had to tell
me so and I would have respected her wishes.
No harassment warning:
Samantha Bryce had never informed me on any occasion by word of mouth or in writing,
directly or indirectly, that my conduct towards her amounted to harassment. Yet both she and
her employers had my contact details and so had that in fact been the case, either she or her
employers or a third party acting on her behalf would have had ample opportunity to inform
me that my conduct amounted to harassment. She is a very beautiful and articulate young
lady and would undoubtedly receive much unwanted attention (a fact she made known to me
on 27th August 2013). Consequently she would have developed a strategy to deal with it. If I
had been harassing her she would have made me aware of the fact in no uncertain terms.
Furthermore, had someone been harassed he or she would have a clear recollection of events
and would have preserved any evidence relating to the matter, particularly in her case as she
has a degree in psychology and criminology. It should be noted that I have NEVER
personally contacted Samantha Bryce. We came into contact coincidentally on each occasion.
Furthermore, were we to believe her version of events then all she has said to me is “No
thank you”.
Suspicion that the complaint was coerced into a making a complaint by her employers
and/or the police:

26
Sonia Ellwood (customer.service@tesco.co.uk) informed me by e-mail at 8.37 am on 17th
February, 2014, that “As you raised staff issues the information was sent to the store as I felt
this needed to be sent as feedback. The Store Manager felt this needed to be looked into so
did an investigation with the information you provided. This is how the Police became
involved.” On page three of the witness statement the complainant writes “My mother went
into the store and was a given a copy of the various e-mails, that were copied by the store.
There are four pages and these I have given to the police.” The complainant had not informed
me on any occasion that my conduct towards her amounted to harassment. She had no made
complaint to the police prior to the 7th February, 2014. Why were the copies of the e-mail
correspondence given to her mother when the complainant works at the Tesco Store? Copies
of the e-mails could have been handed to her or sent to her e-mail address.
Could not have known conduct amounted to harassment:
No “reasonable person” would form the opinion that innocent acts such as giving a person a
free gift in the form of a personalized promotional sample, such as giving a person contact
details, and such as sending a person a Valentine’s Card anonymously could be construed as
acts of harassment. The state of mind of a person who construes acts of goodwill as acts of
harassment would have to be called into question as would his or her motive in bringing the
matter to the attention of the police.
Perjury/false statements:
The charge comprises of four acts of harassment:
1) I approached Samantha Bryce at Tesco, her place of work, and gave her a calendar.
2) I approached Samantha Bryce at Tesco, her place of work, and gave her a piece of
paper with (my) contact details on it.
3) I sent a card to Samantha Bryce at Tesco.
4) I sent an e-mail of complaint to Tesco.
The circumstances described by the complainant in which the undermentioned two acts are
alleged to have taken place are fictitious; and as the circumstances described by the
complainant are fictitious I am unable to make a statutory defence to these allegations under
subsection 3 of section 1 of The Protection from Harassment Act, 1997.
1) I approached Samantha Bryce at Tesco, her place of work, and gave her a calendar.
2) I approached Samantha Bryce at Tesco, her place of work, and gave her a piece of
paper with (my) contact details on it.
However, I did give her a calendar and I did give her my contact details. Yet these events
took place in circumstances different to those described by the complainant in her witness
statement.

27
Reasonable conduct: Calendar:
I created a calendar for Samantha because she had expressed an interest in the photographs
on my website on 27th August, 2013. She said that she had particularly liked the photographs
of the ducks. I personalised the calendar with her forename in order to make her laugh. She
had not commissioned the calendar but I thought that she would appreciate it. I saw Samantha
on 27th November, 2013, but I could not catch her attention. This was the first time that I had
seen her for three months. She looked so deflated that I could barely recognise her. It was like
seeing her several years into the future transformed by fate. Before I saw her, the person
whom I presume was her ex-boyfriend remarked “If you saw her today, you wouldn’t give
her a second look.” If she had not have been wearing her name badge I honestly would not
have recognised her (although she was instantly recognisable the following day). She was
standing right by the checkout where I had just been served. I am sure that she was
monitoring the transaction remotely and that there had been an issue of mistaken identity. An
old lady asked Samantha when the Christmas turkeys would be in store. She told Samantha
she was very beautiful and told her that she shouldn’t be working in a place like Tesco. She
said “That man can’t keep his eyes off you.” (Reference to me). She asked a female work
colleague if she would do her a favour. Her colleague replied that she would so long as it was
not too near her period. But Samantha disappeared immediately. The woman who had just
served me said “I wish you’d say something to her. She doesn’t bite.”
I wrapped the calendar in brown lattice paper and I took it with me to the Tesco Tetbury
Store the following day, 28th November, 2013. As three months had elapsed since her
outburst on 27th August, 2013, I had no way of knowing what she felt about the situation. I
was shocked by her outburst on that particular day and I did not sleep for three consecutive
nights. I asked her how she was and she said “I’m good. How are you?” Then, after a short
pause, we had an animated conversation. As she appeared to feel the same way about me as
she did back in August, 2013, I gave her the calendar. She thanked me for it and said that I
had made her day. I was cautious in my approach to the situation. So my conduct did not
amount to harassment nor was it perceived it as such by Samantha at the time.
Reasonable conduct: contact details:
I was acquainted with Samantha Bryce and she had indicated that she would like me to ask
her out on 27th August, 2013. Yet I did not see her again until 27th November, 2013. On the
28th November, 2013, she said that she would be on the checkout up and until Christmas. Yet
I did not see her again until 18th December, 2013. I wished to resolve the situation. So I felt
that it would be best resolved by text or e-mail. On the 18th December, 2013, I asked her if
she would like my contact details. She replied “Yes, it would help” and “so long as it’s small”
(a comment which indicates that something must have happened to the calendar).
Detecting crime: unlawful interception: contact details:
I asked her to see if she could contact me as I suspected that there might be a potential issue
in respect of the interception of communications. I had been informed by Mr & Mrs P.
Brimble that they had been unable to contact me via email, and I had witnessed the
interception of a message texted to my mobile phone by a teenage girl in May, 2013.
Samantha said that she would try and contact me that night. (I did not receive any message
from her). She also said “they’re doing the same thing to me.” I am sure that she is right.
Furthermore, I knew that she had visited my website yet she had not contacted me. I
suspected that she had been unable to contact me via the Internet. I wished to establish

28
whether or not there would be any interference in our communications in the event we
formed a relationship.
Reasonable conduct: Valentine’s Card:
I sent the Valentine’s Card to Samantha Bryce anonymously. I did not know her surname. I
addressed the Valentine’s Card to “Samantha J.” and the envelope bore a brief description of
her appearance: “Petite blonde. Half-Danish”. Samantha Bryce had informed me on 28th
November, 2013, that she was “Half-Danish.” She could not have known that I had sent the
Valentine’s Card to her yet she clearly identifies me as its sender. Even if she had suspected
that I had sent the Valentine’s Card to her she could not have been certain that I had done so.
She has not explained how she knew that I had sent the Valentine’s Card to her in her witness
statement and the relevant information contained in her witness statement is not expressed
hypothetically. She has not made any reference to the information contained on the front of
the envelope.
I would contend therefore that she could not have known that I had sent the card to her unless
it had been intercepted in the course of its transmission through the postal system. The fact
that I had sent the card anonymously demonstrates that I did not wish to be identified as its
sender and therefore that I did not harbour any intent to harass her. No reasonable person
would have suspected that any person educated to degree level would have found the images
of two hares hugging and two hares in bed “scary and very offensive” particularly as the
person’s subject of study at degree level was “psychology and criminology” for both subjects
deal with extremes of human behaviour.
I chose the Valentine’s Card “Summer Loving” because she had informed me on 28th
November, 2013, that she was looking for someone to look after her. The image emphasizes
the quality of caring. She said that she knew that I would look after her but recognised that I
was “a bit old”.
I chose the enclosed image of the “bedhares” because she had informed me on the same day
that she didn’t like sleeping in a bed with a partner as she was continually woken-up during
the course of the night. I thought that the image would make her laugh.
We had expressed a mutual interest in one another. Therefore, I considered it appropriate to
send her a Valentine’s Card. When she scanned my Tesco Clubcard on 5th August, 2013, she
realised that I was older than she thought I was but she said “it doesn’t matter”. She thought
that I was in my thirties or my early forties. She said “you probably think I am too young.
You’re probably looking for someone in their thirties”. When she handed me the till receipt
she stared into my eyes and I stared into hers and she said “I wanted to be model. Come on
and I’ll give it to you.” She mentioned the time that she finished work.
On the 27th August, 2013, she said “You are the only person who did not ask me out. In some
ways you are very good. You don’t pester me. But in other ways…You love me and you
won’t ask me out. You must know something I don’t… The time you take to get round to it
that’s what worries me…Next time ask me out. That’s all you’ve got to do. If you don’t ask
you don’t get…You leave it all up to me…I’m sorry Nick I thought you were avoiding
me…You don’t realise what you are like…I liked your website. It’s the most beautiful I have
seen. I like the ones of the ducks...We like the same things...” She said that she had been “up
half the night”.
When we met on the 28th November, 2013, after she had handed me the till receipt I said “I
hope to see you again.” She replied “I look forward to it.” I was about to ask her out when
she said “Leave it for a week. I am having problems with my periods. She said that she
needed someone older.”

29
At the start of the transaction on 18th December, 2013, I said to Samantha “I am sorry I didn’t
ask you out in August. I wouldn’t know where to begin to explain why.” She said “like that is
it?” (and mentioned a female whom she thought I was associated with). She said “It’s alright
I was going out with someone anyway.” I then asked “what time do you finish today?” She
replied “7 o’clock.” She said she couldn’t go out with me that night as she was going out with
her mum and that she had also promised somebody else a date. She indicated that she had
problems with her mother. She said “Come in later, around 5 pm. I might be able to finish
early”. She said she started work at 10 am and suggested I waited for her before she came in
to work. I asked her if she was working over Christmas. She said that she was working over
the Christmas period.
Valentine’s Cards are traditionally sent anonymously and I would contend that any quixotic
fool should be granted amnesty when sending an unwanted Valentine’s Card.
Detecting crime: unlawful interception: Valentine’s Card:
The subsidiary reason I sent her a Valentine’s Card was in order to discover if it would be
intercepted in the course of its transmission through the postal system and traced back to me.
I could have simply handed it to her or to one of her colleagues on Valentine’s Day. Despite
the fact that I had sent it anonymously Samantha Bryce unequivocally identifies me as its
sender. In her witness statement she says that the image on the front of the Valentine’s Card
appeared “to be a print from a water colour”. These facts would tend to suggest that her
source of information was the police and that the police had access to intercepted material.
Even if she had had my contact details and had checked out my feedback on eBay (which
would have been highly unlikely) she could not have traced the card as its seller did not leave
any feedback about me until 5th February, 2014. I left feedback about the seller
“Moonharesart” on 31st January, 2014, yet the prosecution witness thought the hares were
rabbits so theoretically would not have made any connection. Furthermore the buyer
feedback is left about the seller rather than the item which cannot be traced from the
feedback.
Inadmissible evidence: E-mails:
The e-mails that I sent to Tesco Head Office were not redirected to Tesco Tetbury at my
instigation. They were forwarded to Tesco Tetbury without my knowledge and without my
consent by Sonia Ellwood as customer feedback for the store manager. If Sonia Ellwood had
asked for my consent then I would have refused to give it as I suspected that the e-mails
would embarrass Samantha. The e-mails do not fall within the scope of section 3A of The
Protection from Harassment Act, 1997. Were that not the case, no reasonable person would
derive the notion from reading the e-mails that I had any intent to harass Samantha Bryce. I
merely expressed concern for her welfare.
Abuse of process/Perjury/Intent to pervert the course of justice (summary only):
In my estimation the witness statement contains seventy four false or misleading statements.
The witness statement was fabricated retrospectively in order to misrepresent and incriminate
my behaviour. The cause of action was the store manager’s investigation/police intervention.
Even if we were to endorse the complainant’s version of events, the conduct of which she
complains maybe over-zealous but her reaction to it is positively deranged.
None of the interactive events as described by the complainant actually took place.

30
The complainant falsely states that she had not come into contact with me prior to the week
before Christmas.
The complainant’s description of my appearance is inaccurate yet I know that she was aware
of my exact age, my exact height, and had previously commented upon my hat and coat.
The investigating officer has neglected his duty and the crown prosecutor would appear to be
acting from a corrupt motive.
Additional notes: complainant may have been victim of police harassment:
There is some tenuous evidence to suggest that Samantha Bryce had been the victim of police
harassment since coming into contact with me on 5th August, 2013.
Following the incident on 27th August, 2013, when Samantha Bryce said “They’re trying to
stop you getting it. Next time ask me out. That’s all you’ve got to do. If you don’t ask you
don’t get…You leave it all up to me…I’m sorry Nick I thought you were avoiding me…You
don’t realise what you are like…I’m not allowed to speak to you. You get fined. I’ll be
bankrupt by the end of the week…You’re worth it. You’re the only one who is…Mum…was
so worried for me…She saw your name. I had written it down. After what they said to my
mum you should sue them… I kept a Microsoft Word file relating to Samantha in order to
preserve evidence relating to any events that had taken place or that were to take place
between us as there was evidence in my possession to suggest that she might potentially be a
victim of police and third party harassment. This was essentially a record of what she had
said to me and a record of comments I had heard other people make about her. The file was
created on the 30th of August, 2013, between 10 and 10.30 pm. The copy of the file that I
currently have access to was last printed at 10.12 am on the 31st August, 2013.
On the 12th August, 2013, I saw her again and we stared at one another on several occasions
while we were in the checkout area. There is a four lettered word for this phenomenon. She
came up behind me and asked the checkout assistant who was serving me if she wanted any
cash. I walked past her on the way out. She did not look up at me but said “Don’t say
anything in here. Let it all die-down. I was nearly sacked.” She makes another comment
which I have recorded but would not wish to repeat here.) I was informed by a member of
staff that she was not allowed to speak to me.
On the 19th August, 2013, I saw her again. She was serving a customer at the checkout but
she was then replaced by another checkout assistant. She made a series of comments to her
colleague which I have recorded but would not wish to repeat here).
On the 27th August, 2013, Samantha said to me: “I’m not allowed to speak to you. You get
fined. I’ll be bankrupt by the end of the week.” She alluded to legal action taken or to be
against the police.
On the 3rd September, 2013, a checkout assistant informed me that “they said you were a
danger to women.”
On the 28th November, 2013, she informed that her periods had stopped and that she had lost
weight: potential indicators of stress.
On the 18th December, 2013, she apologised for her insulting behaviour and said that it was
the only way that she could speak to me. She said “they did it again.” What did they do?

31
On the 24th December, 2013, a checkout assistant said “they said you were mad.”
All the details she provided relating to her work hours and duties over the Christmas period
(28th November, 2013, onwards) never materialised.
On the afternoon of the 8th January, 2014, after I had said “Hello” to Samantha and after she
had declined to acknowledge me, a checkout assistant informed me “the police won’t allow
her to speak to you.”
On the morning of 31st January, 2014, I overheard Samantha say to two colleagues at work
that “they said he would rape me” and “they said they would make life uncomfortable for me
if I gave it to him…If he knew what they said about him he’d kill them.” She then shouted
“It’s not me. It’s the police. I’m not allowed to give it to you. I’ll think of something…”.
I cannot say that these comments related to me but I would suspect that they did. Shortly after
she had made these comments I overheard the female colleague say “If you tell him. Don’t
come in here again.”
She had previously said to me on two occasions “I’ll see you out” indicating that she would
try and arrange a rendezvous with me outside her place of work in the streets of Tetbury. This
would be the most likely course of conduct a female would pursue if she wished to create an
opportunity. Yet I have not seen her outside her place of work in the last six months. Are her
movements being stalked and restrained by the police?

32
Alibis.
Witness Statement Page 4: Security approached me and explained that Fenney was spotted
around the petrol station area where I have been supporting the department on a late shift.
I have never visited the Tesco “petrol station area”. I have a witness statement to account for
my whereabouts during the evenings/nights of the week in question.
The witness is my mother, Mrs J. Fenney, 14, Windsor Road, Tetbury, Glos. GL8 8JY. Tel.
(01666) 503488.
Notes: “Martin” called in the police on 7th Feb. She clearly remembers me interrupting the
transaction. Didn’t call in police prior to 7th Photograph: they accept it’s a photo of a duck
calendar. Clearly remembers me interrupting transaction. Came-in later.

33
Exhibits.
Exhibit 1. The Tesco till receipt handed to me by Samantha Bryce on 5th August, 2013, which
could potentially bear her fingerprints.

34
Exhibits 2/3. Email messages which would reference interaction between Samantha Bryce
and myself in August, 2013.
Facebook: 23/08/2013
To: Nick Fenney
facebook
****** ***** commented on his post.
****** wrote: "Thanks, I am unfamiliar with Samantha at Tesco Tetbury, but I can imagine."
Reply to this email to comment on this post.
See Comment
Thismessage wassentto:
Email correspondence between myself and another which references Samantha B.s
outburst on 27th August, 2013.
Hi,
That's ok, the Samantha think sounded a bit weird & I still have no idea what you are on
about, maybe one day I will get it & will look out for her at Tesco’s. How old is she?
Thanks for photos.
Best wishes
****** *****
***** *** ****
**********
From: ****_******@btinternet.com
Sent: 03 September 2013 20:12
To: ******@************.co.uk

35
Subject: Photograph
Hi *****,
I have attached a copy of a photograph that I edited several weeks ago. I noticed that it
had been corrupted during editing so I have attached a fresh copy of it.
I do sincerely apologise for making mention of Samantha. I shall not do so again. The
situation was that she was bound over by the police and forbidden from making/fined
when making contact with me. The police take such malicious actions in order to prevent
one or other or both of the two parties from “getting it”. The reason she said what she said
is because to resolve the situation she would have to sue the police and she wouldn’t want
to do that if I had no interest in her. She perceived that I had an interest in her but she
could not understand why I was so slow to ask her out. I was simply waiting for a suitable
opportunity.
Regards, Nick

36
Exhibit 4. Photo of Duck Calendar. The alleged prosecution witnesses alleged that the duck
calendar had been personalised with her forename and misspelt surname. The calendar was
personalised with her forename and was created because she had informed me on the 27th
August, 2013, that she liked the duck photographs on my website.

37
Exhibit 5. Email. The alleged prosecution witness states that I knew her surname. The
comment I left at www.tescocomments.com proves that I had no knowledge of her surname.
As I had no knowledge of her surname I could not have had any knowledge of her other than
the knowledge acquired through conversation.
Subject: Your Tesco Comments
From: tesco@tescocomments.com (dontreply@tescocomments.com)
To: nick_fenney@btinternet.com;
Date: Friday, 31 January 2014, 19:12
Thank you for leaving a comment about your recent shopping trip. Your feedback helps us to
improve for the future. All of the comments we receive are forwarded to the store and shared
with the team. Once again thanks for taking the time to let us know.
Comment: In my observation Samantha (Jansen?) has not been in an altogether happy
disposition since the 28th November, 2013. She is either in love or she is not eating enough
mangoes and pineapples.
634004024102840370
“Jansen” was an uninspired guess. It was the “Danish” connection.

38
Exhibit 6. The Tesco till receipt handed to me by Samantha Bryce on 28th, November, 2013,
which could potentially bear her fingerprints. The alleged prosecution witness argues that I
interrupted a transaction in order to thrust a brown envelope into her hands the week before
Christmas. This is proof that the transaction involving the duck calendar took place on 28th
November, 2013, and that she processed the transaction.

39
Exhibit 7. The Tesco till receipt handed to me by Samantha Bryce on 18th December, 2013,
which would potentially bear her fingerprints. The alleged prosecution witness states the
incident involving the contact details took place “two weeks later”, that is to say around New
Year’s Day (2014) whereas it took place on the 18th December, 2013. She states that she
rejected my contact details whereas I asked her if she wanted them. She replied “it would
help”.

40
Exhibit 8. Email. The alleged prosecution witness states “I carried on really awkwardly and
stayed quiet. This seemed to keep him quiet.” We talked non-stop for 3 or 4 minutes. Later
that day I left a comment about her at www.tescocomments.com:
Subject: Your Tesco Comments
From: tesco@tescocomments.com (dontreply@tescocomments.com)
To: nick_fenney@btinternet.com;
Date: Wednesday, 18 December 2013, 14:47
Thank you for leaving a comment about your recent shopping trip. Your feedback helps us to
improve for the future. All of the comments we receive are forwarded to the store and shared
with the team. Once again thanks for taking the time to let us know.
Comment: I was served by the indescribably gorgeous Samantha today. I was going to tell
her that she was right, I do love her, and I was going to ask her if there was a cure available in
store but there simply wasn’t enough time.
634004024102840370
This provides some indication that we had a romantic encounter on 18th December, 2013.

41
Exhibit 9. Witness statement to account for my whereabouts on the evenings/nights 3rd to 9th
February, 2014, inclusive. The alleged prosecution witness states that “Fenney was spotted
around by the petrol station area where I had been supporting that department in the late
shift.”
Exhibit 10. Letter from Doreen & Peter indicating but not proving interception. Many people
inform me of interception, few put it in writing.

Nick Fenney_Defence Statement

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