After denying knowing the complainant he was asked
After denying knowing the complainant he was asked,
“Okay. Because there were reports, as well. That there’d been text messages between you two. So how did you have each other’s numbers? The appellant replied, “Honestly I don’t know.” The interviewer said, “When you had messaged that person, who did you think it was if you didn’t know her?” The appellant answered “this was a long time ago. Genuinely can’t remember.” The appellant said at the time of the FA interview he was struggling with his mental health and was not giving proper answers.
The appellant was also asked about how the complainant would have his picture. He said “On snapchat, there’s a thing that you used to do where you shout people out and put people in your story to get more people adding you. Everyone used to do it and I was doing it obviously as well.”
Mr Serr also asked whether the appellant went to school with the complainant. In the police summary at page 30 of the bundle and in a statement by T/Superintendent of South Yorkshire Police on 3 April 2019 it is said that the appellant went to school with the complainant and that is where they met. The appellant said he was 100% sure he did not. There were only 3 girls at his school, and they were not the complainant.
In terms of allegation 2 which is set out at page 33 of the bundle the appellant said that this did happen but not in the way it was described. He said he potentially had sent a snapchat message asking her to come upstairs but did not physically touch her. In his written statement which we received today he said he vaguely recalled the incident. He said he did not remember sending a message her. He said she was upstairs, and he put his hands on her shoulders. The comment saying he “fancied her” was a joke. When asked about any motive for her to report this he said they did not get on, she knew about the other allegation and her father did not like him. He told his girlfriend at the time, and she agreed with his assessment and they stayed together.
- Heading
- The decision of the Upper Tribunal is to allow the Appellant’s appeal
- A summary of the Upper Tribunal’s decision
- The rule 14 Orders on this appeal
- The Barring Decision
- A summary of the material facts of the appellant’s case
- The statutory framework
- Permission to Appeal
- The oral evidence
- After denying knowing the complainant he was asked
- Analysis
- Conclusions
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