Torture case collapses
BEHROUZ Shamsi sported a black eye as he told a stunned court he would not give evidence against five men accused of torturing him.
The men were sitting in a row behind their solicitors and on the opposite side of the room from Mr Shamsi as he told the Southport Magistrates Court the police statements made were not his and did not contain his signature.
“I am not proceeding to any charges,” he told the court yesterday, gazing above the heads of the men.
“These are not even my statements and this is not even my signature. I am not making any comments.”
The retraction was made about 10 minutes into proceedings when police prosecutor Sergeant Bob Soper asked Mr Shamsi to confirm his written statements.
It left lawyers shocked at the swift conclusion of what had been set down as a twoday hearing.
The announcement meant that charges against Yunus Badaa, Jaymin Ray Higham, Alexander Francis Pasquill, Vladik Giovanni and Victor John Reuben Wolfram were dropped completely. They had each faced one count each of torture, deprivation of liberty, robbery and assault occasioning bodily harm. Mr Shamsi knows all five men.
Mr Shamsi was brought to court from Arthur Gorrie Correctional Centre where he awaits for a number of charges, including assault and fraud, to be finalised.
No one could tell the Bulletin yesterday how he got his black eye and it’s not suggested that any of the five men had anything to do with it..
It was alleged the five men took Mr Shamsi from his Brisbane home in January last year and drove him to a Southport mechanic shop where they cut his body before pouring paint thinner on the wounds.
It was also alleged Mr Shamsi was only able to escape the next day by breaking a window and climbing through it.
Outside the courtroom the lawyers involved in the case declined to comment about Mr Shamsi’s black eye. Detectives at Southport CIB, who originally arrested the five men, also declined to comment.
Queensland Corrective Services said they did not comment on individual prisoners.
Mr Shamsi has been in custody since early this year facing charges of fraud, assault occasioning bodily harm, stealing, breaking and entering and drug related charges. He is set to appear again in Brisbane Magistrates Court on March 5.
Lawyers had arrived at court in the morning, armed with a multiple folders containing statements and evidence about the case, ready to spend about a day questioning Mr Shamsi. But after Mr Shamsi declined to comment further, the police were unable to object to an application for the matters to be struck out.
Sgt Soper told the court that without Mr Shamsi’s statements they no longer had enough evidence. Defence lawyer for Wolfram, Michael Gatenby, of Gatenby Criminal Lawyers, said: “When (Mr Shamsi) ultimately came to give evidence in court the truth did come out that there were some errors in all the material,” he said.
“This is the problem with matters not being investigated more fully where you just have one person giving a version.”
Pasquill and Giovanni walked from court yesterday while Badaa was released from custody. Higham and Wolfram remain in custody and are set to appear in court on other unrelated matters.