The trial of an American businessman accused of murdering a woman who was found dead in a Cardiff hotel room got underway this morning.
Sammy Almahri, 45, has been charged with the murder of 28-year-old Nadine Aburas.
The prosecution said this morning that Almahri admitted unlawfully killing her.
Prosecutor Roger Thomas QC said: "The admitted killer of Nadine Aburas is the defendant. He admits that he unlawfully killed her and will, I believe, later plead guilty to the offence of manslaughter.
"That plea is not acceptable to the Crown and it’s for you to determine whether the true verdict is one of murder."
He told the court that Almahri claimed he was was suffering from “abnormality of mental function”.
Mr Thomas said he claimed he was in a psychiatric state of hearing “the voice of God” telling him to kill Ms Aburas.
The prosecutor said Almahri claimed he is not guilty of murder because his responsibility is diminished.
Mr Thomas said: “The prosecution reject this that claim and we submit the statutory criteria required to establish such a defect has not been made out.
“We submit quite simply this was the killing of a defenceless woman by a jealous and dangerous man.”
The court heard that Miss Aburas’ body was found at the Future Inns hotel in Cardiff Bayby the duty manager at lunchtime on New Year’s Eve 2014.
The hotel room had been locked and there was a 'Do Not Disturb' sign on the door.
Almahri, from New York, who denies murdering Miss Aburas between December 29 and January 1, is listed for trial before Mrs Justice Nicola Davies at Cardiff Crown Court .
A jury of four women and eight men was selected on Tuesday and the trial is expected to last four weeks.
Trial adjourned for the day
The trial has now been adjourned for the day.
It will continue at around 10.30am on Thursday.
'An ex has turned up on the scene'
In December 28, 2014, Ms Aburas texted Mr Batten.
She said: “Hi Dan, sorry but feeling really unwell after the trip to London and only just got back. I won’t be able to make it today.
“To be honest, a crazy situation has presented itself. Kind of complicated, an ex has turned up on the scene.”
Mr Batten asked Ms Aburas if her ex was a stalker and if she needed “any muscle”.
Ms Aburas said she was ok and apologised to Mr Batten for “getting him involved”.
Mr Batten replied: “No worries, I and sure many nice women have had the same problem.”
This was the last communication Mr Batten had with Ms Aburas.
Relationship with Daniel Batten
The first piece of evidence is a statement from Daniel Batten, 36, who said he had a “brief relationship” with Ms Aburas.
Mr Batten met Ms Aburas at a meeting of students from the Atrium University in Cardiff, at the Shot In The Dark restaurant, in City Road, in November 2014.
They got talking and began texting each other and arranged to go to the cinema together.
The court heard Ms Aburas had to postpone the trip to the cinema to pick up a friend from Heathrow Airport. This was believed to be Almahri.
Text messages between Ms Aburas and Mr Batten are now being read out by Mr Thomas.
'Undoubtedly angry and frustrated'
Mr Thomas said: “We submit (Almahri’s) previous conduct, actions, texts and general demeanour indicates that night, a man who had been thwarted and beaten up by Nadine’s brothers.
“He was undoubtedly angry and frustrated that she was seeking to end the relationship and he in his anger and frustration lost his temper and killed her.
“That for you members of the jury is for you to resolve.”
Mr Thomas has finished his opening.
Case of diminished responsibility
Mr Thomas said: “It’s for you to decide whether the claim of hearing voices is likely to be true or whether it’s a deceitful or contrived explanation for a violent murder.”
Following his arrest, Almahri was examined by psychiatrists and Mr Thomas said there was not agreement between them.
Mr Thomas added: “You may conclude the defendant is a strange individual but anyone who commits murder could be described as odd.”
The court heard that it is agreed by psychiatrists that the defendant shows symptoms of dissocial personality disorder but there is disagreement on whether he suffers from a condition such as psychosis or schizophrenia.
The defence is arguing this is a case of diminished responsibility.
The defence is arguing this is a case of diminished responsibility.
Jumped from Brooklyn Bridge
In April 2015, the defendant was in Cardiff Prison.
He said he was “sick” and was hearing voices on regular occasions for many years and said it was the voice of God who told him to kill Ms Aburas.
The court also heard that in 2009, Almahri had jumped from Brooklyn Bridge in New York and he claimed similar voices had instructed him to do that.
'Voice of God told him to do it'
Mr Thomas added: “Do his actions or conduct after the murder display any shock?
“The voice of God told him to do this. When he stopped hearing the voice, was he shocked, remorseful, concerned or upset, or are these the actions of a man quite deliberately thinking what to do and how best to do it?”
'Why did he dress and position the body in the way he did?'
The trial is now continuing.
Prosecutor Roger Thomas QC is talking to the jury about the law involved.
He said: “The defendant is charged with murder.
“Murder is a killing another person without lawful justification or exercising the intention at the time to kill or to cause really serious bodily harm.”
He said: “The defendant is charged with murder.
“Murder is a killing another person without lawful justification or exercising the intention at the time to kill or to cause really serious bodily harm.”
Mr Thomas added: “How did the defendant react in the months, weeks, and days leading up to December 28, 2014.
“What can you draw from his attitudes and intentions from the texts he sent to her and other people and the messages left on the answer machine?
“Was his conduct in the days before and on the night show deliberate thought and calculation.
“Why did he dress and position the body in the way he did? Was it to suggest it had been a suicide, that she had chosen death? Clearly her body had been washed.”
Short adjournment
Court has now adjourned for a short 10 minute break.
Found in Tanzania and sent back to Cardiff
The court heard that Almahri was found in Tanzania, where he had family, and detained, but he was allowed access to his laptop and electronic equipment.
He was returned to the UK on March 26, 2015, and was arrested at Heathrow Airport on suspicion of murder, before being brought back to Cardiff.
Mr Thomas said: “The prosecution submit this was a deliberate killing and he did his best to avoid detection and arrest and for that reason he is guilty of murder.”
Messages sent to victim's mum
Almahri also sent a text message to Ms Aburas’ mother on January 2.
He said: “I know how you feel, let tittle (sic) go. I love her too. It’s your f****** son.”
On January 13, he texted her: “I promise to you, Nadine, my life. I see her soon.
“I can’t live with this anymore, I love her.”
Contacted friends of the victim
On January 2, Almahri sent text messages to Ms Aburas’ friend saying “How (sic) killed Nadine, it’s not me” and said it was her brothers Aman and Jamal.
He added: “I lose her and I love her too.”
He also texted another friend of Ms Aburas’, who he previously accused of sleeping with her, and asked him to delete a photo he had sent of her.
'Jealous, angry and increasingly dangerous man'
Police visited Ms Aburas’ flat in Cardiff Bay and discovered a number of text messages which had been left by Almahri on her answer phone.
He sent a number of messages which were filled with swear words and accusations she had been sleeping around.
In one text he said: “You will be very, very, very, very sorry about yourself. You will be very sorry.”
Mr Thomas said: “It’s for you members of the jury to decide what his frame of mind was and whether he was hearing voices telling him to do it.
“He was becoming a jealous, angry and increasingly dangerous man.”
Bite mark could 'not have been self inflicted'
The pathologist also concluded there had been evidence that sexual intercourse had taken place.
He also noted that Ms Aburas’ underwear was twisted and her jeans were were not on straight.
It was suggested that the clothes had been put on Ms Aburas after her death.
It was also confirmed that the nature of the bite mark meant it could not have been self inflicted.
Post mortem results
A post mortem was carried on Ms Aburas’ body by Dr Andrew Davidson.
The doctor found 17 marks, abrasions and bruises, which included a bite mark.
There were also fractures and haemorrhages to her face.
Dr Davison said it was clear pressure had been applied to the neck, which may have included the application of hands.
He couldn’t exclude the possibility of a ligature had been used but if that was the case, the appearance was not characteristic.
He couldn’t find any marks attributed to the appliance of a belt.
'Is there a death penalty in Cardiff?'
In a third call to DI Morgan, Almahri said he was going to hand himself into the American embassy in Puerto Rica, where he said he was going to next.
He later said he was lying and wasn’t going to hand himself in and asked if there was a death penalty in Cardiff.
He told DI Morgan: “I want the death penalty because I want to die.
“I have a gun with nine bullets and I can shoot myself.
“I didn’t mean to kill her and I love her you know but she asked me to help her die.”
He blamed Ms Aburas’ death on her brothers and claimed that she was pregnant and they were going to get married. Mr Thomas stated this was not the case.
This was the last phone call police received from Almahri.
Police tried to track Almahri down
On January 2, at 7.20pm, Almahri called DI Gareth Morgan.
He claimed he had two girls with him as well as a gun and two pistols.
He told DI Morgan he was going to kill them the same way he killed Ms Aburas.
Mr Thomas said: “He’s clearly either drunk or has his attention elsewhere.
“Police essentially wanted to know where Mr Almahri was. He certainly wasn’t in Cuba or Thailand and they wanted to track him down.”
Claims she was still breathing when he left room
During the conversation, Almahri called Ms Aburas brothers Ayman and Jamal “criminals” and claimed they had “broken his face”.
He claimed Ms Aburas had come to the hotel and they went for an Indian meal in Cardiff, and said it was “love” between them.
He went on to say that when they got back to the hotel, Ms Aburas asked him to put his belt around her neck and to kill her.
He said: “She said ‘I have been waiting for this moment to go to the saints’.
He said: “She said ‘I have been waiting for this moment to go to the saints’.
“I strangled her, I strangled her for more than five minutes. I was scared.”
He later claimed that Ms Aburas pulled the belt really hard around her neck and when he left for the airport she was still breathing.
He ended the conversation: “I am ending my life today, I am sorry to the family.”
Defendant was ringing from victim's phone
Following the calls made by Almahri to police and the Future Inn hotel, it was established that the defendant was ringing from Nadine Aburas’ phone.
Detective Inspector Gareth Morgan was contacted by Almahri on January 1.
The defendant asked how Ms Aburas was and DI Morgan told him she was dead.
Almahri said: “I didn’t know that, when I left she was still breathing.”
He later went on to say he was going to kill himself because he couldn’t live without Ms Aburas.
Opening set to continue after lunch break
Mrs Justice Nicola Davies is back in court and the jury are brought back into the courtroom.
Prosecutor Roger Thomas QC will continue with the opening, which is expected to last the rest of the afternoon session.
Trial has adjourned for lunch
Court has adjourned for lunch.
The trial will resume at 2pm.
He claimed she had hanged herself with belt
In one telephone conversation with police, Almahri claimed he had had sex with Ms Aburas and that afterwards she asked him to put his belt around her neck.
He said he did this and that she told him she loved him. He claimed she went on to hang herself with the belt.
He said: “She’s a very nice woman and gave me pleasure in my life.”
Number of calls to police
In a number of telephone conversations with police on New Year’s Eve, 2014, Almahri claimed that Ms Aburas wanted to kill herself and called her family “Muslim terrorists”.
He claimed to have helped Ms Aburas to kill herself and that he was going to kill himself before he was reached by police.
He kept asking whether Ms Aburas’ body had been removed from the room and asking whether she was dead or alive.
He claimed he was in Thailand and was waiting for a plane to Cuba.
'Rambling, self indulgent' calls to the police
The court heard Mr Almahri telephoned the hotel and spoke to a police officer.
Mr Thomas said: “They are rambling, self indulgent, self serving, and for a large measure misleading.
“What does emerge is that there is no doubt he was there when Nadine was killed.”
Letter found in the hotel room
A note found in the room was shown to the jury.
It was addressed to Mr Almahri and began “sorry have come to an end (sic), I love you”.
The letter was signed with the name “Nadine”.
Mr Thomas said: “In various conversations Mr Almahri had in the next few days, he suggested Nadine Aburas committed suicide and he said he helped her because she effectively couldn’t live without him.
“If that is a conclusion you appear to accept it shows how Mr Almahri’s mind was working very shortly after he killed her.
“He was seeking to establish Nadine Aburas hadn’t been killed but he had assisted her suicide.”
Strong smell of deodorant
The police discovered that Ms Aburas had her hands placed across her chest with her hands interlocked.
There was also a strong smell of male deodorant throughout the room.
There was also a strong smell of male deodorant throughout the room.
Body had been 'washed and cleaned'
Almahri arrived at Heathrow Airport at 7.05am.
At 12.20pm on New Year’s Eve, Room 203 was entered by the duty manager who discovered Ms Aburas’ body.
The duvet had been pulled over her head, the ottoman had been pulled from its normal position, there was stained bedding and towels in the bathroom.
It appeared that Ms Aburas’ body had been washed and cleaned.
The hotel then called the police who arrived and began their investigation.
CCTV footage was shown to the jury of the room as it was left.
Almahri left hotel at 3.05am
At 3.05am, Almahri left the Future Inn hotel.
Before leaving he approached Mr Morris and asked directions for the M4.
He said he had left a ‘Do Not Disturb’ sign on the door because his “sister” was still sleeping.
CCTV was shown of him leaving the hotel.
The jury were told Almahri drove the wrong way on the M4 initially but turned around and drove towards London.
CCTV was shown of him leaving the hotel.
The jury were told Almahri drove the wrong way on the M4 initially but turned around and drove towards London.
Defendant visited casino after midnight
At around midnight, Almahri left Room 203,and approached the night manager and was given a plaster for a mark on his face.
He asked the bar manager Peter Morris if the bar was open, he also asked where he could draw out £10,000.
He was told the bar was closed but a bar was open at the Grosvenor casino.
Almahri was seen on CCTV walking to the casino.
Once he got to the casino, he had to register as a member and went to the bar where he had three shots of tequila.
He asked the barmaid to fill a water bottle with tequila but was refused. He left the casino at around 12.35am.
When he got back to Future Inn, Mr Morris opened the bar and served Almahri two bottles of lager which he took back to the room.
Couple 'shouted and argued' at restaurant
At 10pm, Ms Aburas and Almahri left the hotel and went by taxi to the Lilo Grillhouse in City Road.
CCTV footage was was shown of them leaving the hotel.
Restaurant staff said body language between them was “not good” and they were described as shouting and arguing.
One of the staff members said “something wasn’t right”.
They stayed at the restaurant for 50 minutes and arrived back at the Future Inn at 11.10pm.
CCTV was shown of them arriving back at the hotel.
Mr Thomas said this was the last time Ms Aburas was seen alive.
Ms Aburas was returning passport
At the Future Inn, Almahri went to the bar and drank nine shots of tequila.
During this time, he asked reception to call a mobile number for him.
Initially the number did not respond but later Ms Aburas contacted the hotel to say she had a missed call.
Initially Ms Aburas didn’t want to speak to Almahri but when they later spoke on the phone, the defendant said he had left his passport and phone and wanted them back.
At 9.10pm, Ms Aburas arrived at the hotel and went to Almahri’s room at 203.
The jury are shown CCTV footage of this.
Brother drove him to station and said to 'stay away'
Ms Aburas’ brother Jamal drove the defendant to Cardiff Central railway station and told him to stay away from his sister.
Almahri was seen on CCTV entering the Marks and Spencer’s, buying a bottle of gin before getting a taxi to the Travelodge in Cardiff Bay.
He later went to the nearby Future Inn hotel as the Travelodge was fully booked.
CCTV was shown of him at the reception.
Almahri said he 'wouldn't let her go'
At 7.10pm, Ms Aburas’ other brother Jamal and Ms Aburas turned up at the flat.
She told the defendant that she wanted nothing more to do with him but Almahri said he “loved her” and “wouldn’t let her go”.
Ms Aburas’ was shown on CCTV leaving before returning and then leaving for good.
Fight with victim's brother
On December 30, Almahri was in Ms Aburas’ flat in Cardiff Bay while she was at her mother’s house.
At 6.30pm, Ms Aburas’ brother Ayman arrived at the flat and the defendant answered the door.
Mr Thomas said: “The unexpected presence of Almahri at the door angered Mr Aburas and he punched him several times and swore at him.”
Ayman told Almahri he had seen the pictures of Ms Aburas and told him to leave his sister alone.
Almahri said he “couldn’t imagine” life without her.
CCTV was shown of Mr Aburas and Almahri walking to the basement of the building and then walking back up to the flat.
CCTV being shown of couple together
The court heard that on December 27, Almahri arrived at Heathrow Airport from New York.
Ms Aburas had travelled to Heathrow to meet him and they stayed the night at a hotel and travelled back to Cardiff on December 28.
The jury are now being shown CCTV of Ms Aburas and Almahri.
He had an 'almost minute by minute' account of what Nadine was doing
In December, Ms Aburas got chatting to a man named Daniel Batten while out in Cardiff and the two began texting each other.
After Mr Batten had contacted Ms Aburas, Almahri contacted her, called her a “hooker” and threatened her by saying she would be “sorry” if she went out with the man.
Mr Thomas said: “There can be no doubt that however he obtained the information, Mr Almahri, as the text message revealed, had a very clear, almost minute by minute account of what Nadine was doing.
“He was complaining to her about things she was about to do or had just done.”
Defendant accused of sending threatening and violent messages
By Autumn 2014, the court heard that Almahri began acting more jealous and aggressively towards Ms Aburas and had been contacting her via text message.
In August 2014, Almahri contacted one of Ms Aburas’ male friends, Yonis Yussef, by text and sent him violent messages.
In the messages, Almahri called Ms Aburas a “hooker” and a “whore” and accused the Mr Yussef of sleeping with Ms Aburas.
The defendant also contacted Ms Aburas’ brother Jamal on Facebook and threatened to send him pictures of his sister.
In November/December 2014, Ms Aburas’ other brother Ayman was playing games on her phone when she recorded a message from Almahri.
When Ayman opened the message, there was a picture of his sister naked and it said ‘I am going to post these around Facebook you hoe’.
When Ayman opened the message, there was a picture of his sister naked and it said ‘I am going to post these around Facebook you hoe’.
Victim had made rape claim to police
The court heard that on September 15, an officer at Cardiff Bay police station received a call from Ms Aburas who made a complaint that she had been raped by Almahri when she visited him in New York, and claimed he had also attempted to strangle her.
She also said she was concerned that Almahri would show pictures he had of her topless to her family.
The complaint was not pursued by Ms Aburas or the police and Almahri was not contacted.
Defendant made claims he worked for the FBI
The court heard that Almahri claimed he worked and travelled on behalf of the FBI, but Mr Thomas said that seems to be fictitious.
The prosecutor describes Almahri as being “besotted” by Ms Aburas and he provided her with money and expensive presents.
Mr Thomas added that during Ms Aburas’ visit to New York in the summer of 2014, the relationship became strained and she was treated with violence by the defendant.
When she returned from Cardiff, she was described as looking “tired” and “drained”and it was noticed her lip was injured.
Couple had met on internet dating site
The court heard that Ms Aburas met the defendant on an internet dating site called MuslimMatch.com.
Almahri is an American and lived in New York.
Mr Thomas said: “They became friendly and contacted each other regularly by telephone, text and Skype.
“The friendship developed and though her family can’t recall the exact date, it’s clear Mr Almahri visited Nadine on two or three occasions in 2013 and she travelled to New York to see him in the summer of 2014.
“There can be no doubt their friendship developed into an intimate relationship.”
Victim described as being 'slim and petite'
The court heard that Nadine Aburas was born in March 1986 and was 28 at the time of her death.
Mr Thomas described Ms Aburas as a “slim, petite, Muslim lady” who was 5ft 3ins and weighed little over nine stone.
She lived alone in a flat in Aquila House, Cardiff Bay, but her mother and brothers lived locally.
Prosecution say 'simply killing of a defenceless woman'
The court heard that Almahri admitted the killing of Ms Aburas.
Mr Thomas said he submits at the time of the killing, Almahri claims he was suffering from “abnormality of mental function”.
He claims he was in a psychiatric state of hearing “the voice of God” telling him to kill Ms Aburas.
The prosecutor said Almahri claims he is not guilty of murder because his responsibility is diminished.
Mr Thomas said: “The prosecution reject this claim and we submit the statutory criteria required to establish such a defect has not been made out.
“We submit quite simply this was the killing of a defenceless woman by a jealous and dangerous man.”
Cause of death was strangulation
The cause of Ms Aburas’ death was pressure to the neck and the prosecution submit that Almahri deliberately strangled her.
Mr Thomas added: “(Almahri) then fled the scene with the only conceivable intention of avoiding responsibility and the consequences of his own actions.”
Mr Thomas added: “(Almahri) then fled the scene with the only conceivable intention of avoiding responsibility and the consequences of his own actions.”
Almahri left the country
The court heard that shortly after 3am on December 31, Sammy Almahri left the hotel and travelled by Ms Aburas’ car to Heathrow Airport.
At 10.35am he took a flight to Doha, in Quatar.
There were a number of telephone calls between Almahri, members of the hotel staff, and police officers, friends of the deceased and her family, as well as text messages.
Efforts were made to find Almahri and he was eventually located in Tanzania and arrested on an Interpol arrest warrant on January 19.
A few months later he was returned to the UK.
Prosecution do not accept plea
The prosecutor said: “That plea is not acceptable to the Crown and it’s for you to determine whether the true verdict is one of murder.”
Defendant admits 'unlawfully killing' student
Mr Thomas added: “The Room had been locked and there was a ‘Do Not Disturb’ sign on the door.
“As a result, of what (the duty manager) saw, in the room, the police were contacted.
“The admitted killer of Nadine Aburas is the defendant. He admits that he unlawfully killed her and will, I believe, later plead guilty to the offence of manslaughter.”
Body was discovered in Cardiff hotel
Mr Thomas has begun his opening.
He said: “I’d like to take you back almost two years ago. The body of a young woman Nadine Aburas was discovered in Room 203 of the Future Inn hotel in Cardiff Bay by the duty manager just after lunch time, 12.30pm on Wednesday, December 31, 2014.”
Length of trial revealed
The trial is scheduled to last around four weeks.
Jury brought into court
The jury of four women and eight men, as well as two reserve jurors have been brought into court.
Mrs Justice Davies says they will try the case together but they will have “different roles”.
She reminds the jury not to discuss the case outside of the trial and not to do their own research.
Opening is about to begin
Mrs Justice Nicola Davies and counsel are in court and the jury are about to be brought in.
The defendant Sammy Almahri is in the dock and members of Nadine Aburas’ family are in the public gallery.
Prosecutor Roger Thomas QC will begin his opening shortly.
http://www.walesonline.co.uk/news/wales-news/jealous-dangerous-american-businessman-accused-12046435
No comments:
Post a Comment