#13556 - Examination In Chief Kevin Higgins - BPC Criminal Advocacy

XIC

KEVIN HIGGINS

• What is your name?
  (Kevin Higgins)

• Mr Higgins If I can ask you to speak loud and clear so that everyone can hear you and direct your answers to the jury.

• How old are you?
  (25 )

• What is your occupation?
  (Mortgage Clerk)

• For how long?
  (3.5 years)

• Have you ever been in trouble with the Police?

• Have you ever been cautioned or reprimanded?

• Have you ever been convicted?

• Have you ever been at a police station?

• Do you know the co-defendant?

• What is her Name?
  (Natasha Flynn)

• And how do you know her?
  (girlfriend)

• How long have you been together?
  (2 years)

• Please describe your how your relationship has been recently
  (We have been having a lot of rows)

• Why is that?
  (I don’t like the fact that she’s been taking drugs more and more frequently)

• How does the fact that she’s been taking drugs make you feel?
  (It really upsets me)

• Let me take you back Mr Higgins on the morning of the 10th December 2014.
  Who were you with?
  (Natasha)

• When did you wake up?
  (approximately 10am)

• And where was Mrs Flynn at the time?
  (kitchen)

• And what did you do after you woke up?
  (I went to the kitchen)

• What did you see there?
  (I saw some white powder residue on the kitchen counter)

• What was the white powder?
  (I thought it must be cocaine)

• How did that make you feel?
  (I was really angry)

• Why were you angry?
  (because we had been rowing the night before about her drug use but she was still ignoring me and taking drugs in my kitchen)

• What were your plans for the evening?
  (go to the new nightclub in Deptford High Street called The Zone)

• Have you been there before?

• Has Natasha been there before?

• With whom did she go?
  (her friends)

• What is your relationship with Natasha’s friends?
  (I don’t get on with them)

• Why is that?
  (because they take drugs too)

• What were your plans for the day?
  (stay home)

• What were Natasha’s plans for the day?
  (she needed to do some shopping and see her friends)

• Did she manage to do some shopping and see her friends?
  (yes)

• What time did Natasha leave the house?
  (at 2pm)

• How did she go for shopping?
  (she used my car)

• Please describe your car
  (BMW dark green)

• What is its registration number?
  T712 RFX

• And what time did she return the car?
  (at 10pm)

• And what did you when she returned the car?
  (we set off to drive to the club in Deptford street)

• Who were you with?
  (with Natasha)

• Did you manage go to the club in Deptford street?
  (no)

• Where did you go?
  (I had to stop on the way to Deptford in New cross to meet one of my friends)

• Why did you have to stop?
  (he owed me 40
  
  - Where was he?
  ( and he told me on his mobile phone that he was outside the Hare and Billet pub on New Cross Road)

• Did you meet him?
  (yes)

• Please describe what your friend did when you met him
  (he walked over to me and handed the 40.00 he owed me through the open window)

• Where did you put the money?
  (in my left trouser pocket - which pocket?)

• And what happened after he handed you the money?
  (he looked up and shouted “shit the police!” and turned around and ran)

• Why would he ran?
  (I have no idea)

• How did his reaction make you feel?
  (shocked)

• What did you do in response to that?
  (I drove off)

• Why did you drive off?
  (I didn’t want to get involved)

• Please describe the speed at which you were driving
  (normal speed)

• When did you stop driving?
  (I pulled over 3/4 of a mile off)

• Why did you pull of?
  (I noticed in my rear view mirror a police car following me with its blue flashing lights on)

• What happened after you pulled off?
  (the policeman approached my car and asked me what I was doing outside the pub)

• What was your reply?
  (I told him that we weren’t doing anything)

• What was his reaction?
  (he began to look at the back seat of my car and picked up an envelope)

• Did you recognise the envelope?

• When did you last have an opportunity to carefully look at the contents of the car?
  (yesterday)

• At what time?

• Why?
  (cleaning my car)

• Did you notice an envelope then?

• What did the policeman do after he picked the envelope?
  (he opened it and showed me 20 white tablets inside it)

• What was your reaction?
  (I didn’t say anything)

• Why is that?
  (Natasha looked at me as if to say “Be quiet”)

• What was the police officer’s reaction?
  (The officer said he was arresting us on suspicion of possession of ecstasy and took the envelope from the car)

• How did that make you feel?
  (I was quite shocked but decided to keep quiet in view of Natasha’s glance)

• What happened after he said he was arresting you?
  (police station)

• Were you interviewed?

• Was that at a presence of a solicitor?
  (no)

• Why not?
  (I said I didn’t need a solicitor)

• Why did you say that?
  (I had done nothing wrong)

• And you said no comment to all the police questions.

• Why is that?
  I didn’t want to get Natasha into trouble

Thank you Mr Higgins.

I have no further questions.

If I can ask you to remain there, as my learned friend may have some questions for you.