Monday, 25 July 2016

NOT GUILTY: Aswad Star Clears His Name After Ex's Assault Claim

100% Innocent: Brinsley Forde
The award-winning founder and former lead singer of UK reggae band Aswad has cleared his name after successfully appealing a conviction for assaulting his partner.

The woman had claimed musician Brinsley Forde smothered her with bedclothes and ripped off her t-shirt and knickers hours after she aborted another man's baby.

However, an appeal judge, sitting with two magistrates at Croydon Crown Court, quashed the conviction and found him not guilty.

Forde, an MBE, 62, who hit number one in the charts with 'Don't Turn Around' in 1988 allegedly flew into a rage at 3am when given the cold-shoulder by Jemma Payne as the couple lay in bed.

She described being shaken like a "rag doll" and says she continues to live in fear of her ex, who she described as a "danger" to their two year-old son.

Forde, of The Courtway, Watford was originally convicted at Croydon Magistrates Court of assaulting Miss Payne at her flat in Orford Court, Elmcourt Road, West Norwood on October 30, 2014.

He was sentenced to a twelve-month community order, which includes 300 hours community service work and was ordered to pay £200 compensation to Ms Payne, £350 court costs and a £60 victim surcharge. 

However, Forde claims there was no assault and Jemma made a false statement because he threatened to tell social services she wanted to buy cannabis from associates nicknamed the 'Frontline' in Brixton.

He was arrested on November 7 at a social services meeting, which was due to discuss, among other topics, their son's Child Protection Plan.

Forde told police: "My ex has made these allegations up because I was going to report her to social services about our son."

When cross-examined Miss Payne did not deny becoming pregnant with another man, adding: "I'm afraid of Brinsley and his behaviour.

"Social services are happy for me to come off child protection as long as I have nothing to do with Brinsley. He's a danger to my son."

Assault Claim: Jemma Payne
Forde told the court the row was about Jemma's affair and abortion. "The chances were that she was back with her ex-boyfriend. I found his underwear in the house.

"I once picked-up the phone when he thought it was Jemma and he asked: "Is the fool still there?'

"I would say she has anger issues that came up now and again and I am facing a charge that discredits me and I have not seen my son."

He told the court he was forced to grab Miss Payne's wrists to defend himself as she tried to punch and kick him.

Ms Payne told the original trial: ”Brinsley wanted to be close to have a cuddle. He put his arm around me and tried to bring me close, but I told him I did not want to be close to him, I wanted to be left alone.

"He got very angry and upset. He lost his temper and went into a blind rage and grabbed and shook me like a rag doll.

"He put either a pillow or duvet over my face in a blind rage and held it down. I couldn't breathe and I started to panic and kick out with my legs.

"I jumped off the bed, but he ran around and ripped-off my t-shirt with one sweep from under my arm, tearing it off and did the same with my pants from the front, ripped them off.

"I had chafe marks under my arm, a burn sensation that came up as a bruise the next day."

The court heard Forde, who is also a radio presenter and actor, confiscated several pairs of shoes he bought Jemma as he left the flat, but then turned and blocked the front door.

"I picked-up a shoe and threw it at him and as he moved back I shut the front door," she explained.

The attacked was reported to police a week later on November 6 and Jemma explained: "I did not report it at the time because of domestic violence in our relationship.

"I realised he was an unsafe person to have around my son and I was worried social services would take him away. That's why I didn't report it.”

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