Judge accuses CPS of ‘wasting public money’ as 2015 robbery case thrown outAlgerian national Khaled Gestalli, now 33, was accused of robbing Basheer Al Sawafi of a Rolex watch in an incident in Argyll Street on April 19 2015.Khaled Gestalli had been accused of robbing Basheer Al Sawafi of a Rolex watch in an incident in Argyll Street on April 19 2015 (PA)PA WirePol Allingham5 minutes ago
A judge has criticised prosecutors for dropping a charge alleging a restaurateur stole a watch more than a decade ago, calling it a “sorry state of affairs”.
Algerian national Khaled Gestalli, now 33, was accused of robbing Basheer Al Sawafi of a £10,000 Rolex watch in Argyll Street, London’s West End, on April 19 2015.
The matter was discontinued at Southwark Crown Court on Friday in what the judge described as “a bit of a waste of public money”.
Judge Mark Weekes asked prosecutor Sophie Young: “What’s gone wrong here? Lots of money has been spent on this case and at a fairly early stage the Crown seems to have decided that there’s no realistic prospect of prosecution.”
Khaled Gestalli was first charged ‘some time ago’, Southwark Crown Court heard (James Manning/PA)PA Wire
Ms Young said Gestalli was first charged by the CPS “quite some time ago” and that “it’s a very old case”.
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“It seems the case was brought back to life after the defendant was arrested on a warrant in July,” she told the court.
Asked for further details behind the decision to drop the charge, Ms Young said she believes there were issues with identification and the CCTV has not been located.
She said she was unable to provide more information as the case was only handed to her to discontinue.
The prosecutor offered to find more information and provide it later, but the judge declined.
Judge Weekes said: “Well, I think Gestalli is entitled to an explanation as to why he’s been dragged to court on two occasions.
“It appeared in magistrates’ court, it appeared here for PTPH (plea and trial preparation hearing) on August 21 in front of Judge Rimmer, and then just two or three weeks later he’s been told: ‘Sorry we’re not going to prosecute.’
“It’s fairly unimpressive”, he added, going on to call it a “a bit of a waste of public money, the whole thing” – partly given the costs of Mr Gestalli’s defence barrister.
He told Ms Young: “I do hope my comments are passed back and whoever has oversight of this case, perhaps for the future, takes a slightly harder look at cases.
“According to Judge Rimmer’s note, the fact was that Mr Gestalli was plainly available, not in hiding, and could have been located for any time, frankly, ahead of 2026.
“It’s a rather sorry state of affairs.”
Des Jenson, defending, told last month’s hearing, which was attended by a different prosecutor, that his client’s “memory of it is this is robbery was in 2014 not 2015″.
The defendant was originally arrested at a property in Islington, north London, and released pending inquiries, he said.
He then moved to Hammersmith, west London, and has lived there since.
“He has been on the electoral roll and has not been hiding. He had since then run three restaurants”, Mr Jenson added.
Addressing the restaurateur, the judge said on Friday: “I’m sorry that you’ve been brought to court on three occasions.
“I’ve made my feelings clear on the matter.
“No explanation has been provided,” he said, adding that he believes one should have been.
He told Gestalli that he is “free to go” but reminded him that discontinued proceedings do not “amount to a complete plea in bar”.
The option for recharge therefore remains open, “but in my judgment that is unlikely”, he said.
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