Prosecutors were unable to test a robbery-accused’s claims about which telephone mast his mobile was ‘pinging’ off – as the utilities company had removed them in the two-and-a-half years since the theft.
Hafez Al-Ziadi, 21, was due to stand trial this week accused of a number of robberies and attempted robberies in Chinnor Quarry on May 18, 2020.
Together with others, he was said to have stolen a rucksack and Nike trainers from one man, a watch, chain and mobile phone from another and a rucksack containing bike tools from a third alleged victim.
Oxford Crown Court heard on Monday (January 16) that the defendant’s lawyers informed prosecutors seven months ago that they objected to the Crown’s ‘cell site’ evidence.
However, it was not until late last week that an engineer had returned to the quarry to undertake further tests on the mobile phone masts at the Chinnor beauty spot.
Prosecutor Richard Mandel said: “He found that all the masts that were in existence in 2020 had been dismantled and replaced by a single mast and therefore it would not be possible to reinstate the situation as it existed in 2020.
“In those circumstances those instructing me take the view that it would not be appropriate to try and rely on cell site evidence in the absence of a meaningful survey that leaves the case against the defendant in a somehow lame situation.
“There is of course some DNA evidence. In itself it is not enough to provide a realistic prospect of conviction.
“And although the defendant’s interview was a no comment interview, no reliance could be provided on that to bolster an otherwise weak case.”
Recorder John Ryder KC formally recorded not guilty verdicts on all counts faced by Al-Ziadi, of Wincanton Crescent, Northolt, London. The young defendant appeared before the court on Monday wearing a dark suit, white shirt and black tie.
Three other defendants have already admitted their part in the spree. Recorder Ryder said a date would be fixed in due course for their sentence.
This story was written by Tom Seaward. He joined the team in 2021 as Oxfordshire’s court and crime reporter.
To get in touch with him email: [email protected]
Follow him on Twitter: @t_seaward