Western Daily Press (Saturday)
Man, 20, guilty of raping girl in sea
A 20-YEAR-OLD man has been found guilty of the “brazen” rape of a 15-year-old girl after he took her out of her depth in the sea off Bournemouth beach on a busy summer’s day to assault her.
A jury found Gabriel Marinoaica, of Darlastan, Walsall, West Midlands, guilty of the three charges of sexual assault and the rape of the teenager. He was acquitted of a further charge of sexual assault by biting her neck.
Judge Susan Evans KC remanded the defendant in custody to be sentenced on April 19.
She told him: “You have been convicted by the jury of what are really serious offences. It was a brazen thing to have done in broad daylight on the beach.
“I am afraid I cannot grant you bail but I order a pre-sentence report, the only outcome is custody in any event.”
Ellie Fargin, prosecuting, told the trial at Bournemouth Crown Court that the victim had been in the sea with friends at the Dorset resort on Sunday, July 18 2021 when she started playing with a ball with another group in the water.
After her two friends had gone back to the beach, the complainant had gone to fetch the ball when it had been kicked away and had been picked up by the defendant, Ms Fargin said.
She said that Marinoaica initially refused to give the ball back but did so when the complainant asked a second time.
The defendant asked her name and her age before saying his name was Dabby and he was from Birmingham, she said.
Ms Fargin said: “It was at this point the defendant pulled at (her) arm and pulled her out to sea. (She) could no longer touch the bottom, she really was in deep water. (She) told the defendant: ‘No, get off me,’ but he ignored her.
“He was touching her everywhere, she was uncomfortable and wanted to get out but the defendant pulled her out further.”
She said the defendant then asked her if she wanted to “smash”, meaning to have sex, which the complainant said she did not want to.
Ms Fargin said that the defendant then groped the complainant and kissed her before he raped her for about a minute until someone approached.
She added that the complainant had said she could not scream because Marinoaica had his hand over her mouth.
The prosecutor said that the complainant later told her family and they informed the police.
Marinoaica was arrested 11 months later.
ACLUB chaired by Conservative councillor Nick Housden, right, could be banned from selling alcohol for three months amid police concerns over “a distinct disregard for the licence and importance of legal compliance”.
A review of the premises certificate for the Carlton Club in London Road, Stroud, has been brought forward at the request of Gloucestershire Constabulary.
The police say there have been eight incidents at the club since Councillor Nick Housden, who represents Stonehouse on Stroud District Council and Gloucestershire County Council, became the chairman of the former Conservative club in March 2023. Police say there are concerns the club is not being run responsibly and is not being conducted in good faith. The premises certificate only allows alcohol to be sold to members and their guests but police argue several of its conditions have been and continue to be breached. They have sent numerous correspondence to the chairman raising concerns and bringing breaches to his attention.
Two joint agency meetings were held between the chairman, a police officer and licensing officers. Cllr Housden has also been sent two written warnings including a final warning, yet police say the status quo has not changed.
“Numerous deadline dates were given to the chairman to provide evidence of compliance, each one passed, showing a clear defiance and lack of co-operation and has failed to rectify the breaches raised, thus negatively impacting on the licensing objectives,” the report, due before the licensing committee at Ebley Mill next week, reads.
“Police have lost confidence in the chairman, who appears to have a distinct disregard for the licence and importance of legal compliance.”
The report says officers were notified in May 2023 that there were changes to the club committee membership including a new club chairman, Nicholas Housden. Over the next couple of months, the council received some concerns from the public that the club may not be being run as a bona fide club.
The licensing officer clarified to Cllr Housden that a club premises certificate permits supply of alcohol to members and their guests only, according to the report. They also clarified that the club cannot serve alcohol or provide any other licensable activities to the general public.
There was a further joint visit in November 2023 where the police raised concern about information that had not been provided by the club as requested. During this visit the licensing officer advised the chairman, Cllr Housden, that signage outside the club, which states that members and non-members are welcome, was misleading. The chairman disputed this.
Gloucestershire Constabulary requested a review of the club premises certificate in January on the grounds of preventing crime and disorder, public safety and protection of children from harm. They said Cllr Housden took over the premises in 2023 and eight incidents have been reported since. The police claim there have been continued breaches of the licence discovered and the chairman shows an apparent lack of regard to the licence, best practice and due diligence. The legal representative for the club has advised the council they will be providing a bundle of documents for the panel in advance of the hearing on March 22.
The club will be asking the panel not to suspend the certificate and instead will be asking the committee to substitute a new schedule of conditions in place of those currently on the certificate, the report reads.
Gloucestershire County Council’s public health and communities team support the application for a review.
They feel that safeguards for children at the club need to be significantly strengthened. An incident of criminal damage involving underage children able to gain entry to an insecure club premise was reported.
The police seek a suspension of the licence, and amendment of conditions. One of the options that the licensing panel has is to suspend the club premises certificate for up to three months. This would mean that supply of alcohol would have to stop while the suspension is in force.
Cllr Housden has been approached for comment.