Pioneering young Harrogate barrister appointed judge

A Harrogate barrister has been announced as the youngest ever black and minority ethnic crown court judge in the UK.

Ayesha Smart, 34, can now sit as a Recorder in crown courts across the north east of England.

As well as being the youngest non-white person to take up the role, she will be the third youngest person from any background to be selected.

The process of becoming a judge is complex, involving two sets of exams, a role play exercise and an interview – and the final approval has to be given by the King.

Ayesha told the Stray Ferret:

“Everybody says it takes several goes at the process to get through, so I thought I would give it a go and at least I know what it’s like.

“I anticipated I might be one of the youngest ones in the exams, so I assumed I wouldn’t get anywhere. It was a bit of a nice surprise when I got it!”

Ayesha, who lives near Killinghall, attended Ashville College when she moved to Nidderdale with her family when she was 14.

She went on to study A levels in biology, chemistry and maths, as well as music which she sat early, at St Aidan’s and St John Fisher Associated Sixth Form, before completing an undergraduate degree in medical sciences at the University of Leeds.

Her first professional job was as a pathologist at Harrogate District Hospital, but she decided to turn to the law and completed a conversion course in Leeds.

Quickly securing a pupilage place to complete her training, she was called to the bar in 2014, and has since been working in crown courts around Yorkshire.

Her appointment as Recorder, confirmed on Wednesday this week, means she will undertake an induction before sitting in the role for at least 30 days a year.

Ayesha says she is not nervous about the appointment, adding:

“I come from a science background before I went into law. For me, analysing things and coming to a decision is the bit I find easier.

“For the induction course, we get packed up in a group of other Recorders. Having to do it all in front of them will be slightly nerve-wracking!

“I’m kind of excited – I just want to get going.”

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To begin with, Ayesha will continue to work as a barrister part-time. She can then decide whether to continue the dual role or move to be a full-time judge.

She hopes she will help the justice service to tackle a huge backlog of cases that has built up in recent years. She added:

“One of the two-day trials I’m working on, the earliest date we could get for the trial was next October. That’s how backlogged everything is at the moment.

“If one of my trials [as a barrister] collapses and I end up with a bunch of dates free, they may say, ‘we’ve got some cases you can hear’.”

And that is not the only way in which Ayesha hopes to make a difference.

As a pioneering BAME woman, she is aware that her presence will be noticed by the people in front of her.

She said:

“The bar, as a profession, is all old, white, posh people. At least with people like me coming through, it’s a bit more representative of society.

“So many defendants aren’t white. If they see people more like them, it just helps in giving a better perception of fairness.

“Having somebody slightly younger probably helps as well – a more modern way of thinking rather than an old-fashioned approach to everything.

“The drug sentencing guidelines, they’ve had to put a reminder to judges that Blacks and Asians typically get a harsher sentence and ask them to remember that.

“Having someone who appreciates cultural differences and biases, you are a bit more alive to making sure people are treated equally.”

Harrogate woman fined for stealing miniature Dachshund

A woman has been given a conditional discharge for six months and fined £111 for stealing a miniature Dachshund from a home on Swan Road.

Maggie went missing from Laurie and Paul Smith’s home on Swan Road in August.  A neighbour’s CCTV had captured images of a woman the Smiths believed snatched her from the front garden.

The couple began a frantic hunt for their missing pet and posted the CCTV images on social media.

A huge response led the couple to a house on Oakdale Avenue, half a mile from their home, where they believed Maggie was.

The Smiths called the police who recovered their dog which had been taken by 62-year-old Jonkal Messenger. An emotional reunion followed between Maggie and her owners.

Guilty plea

This morning, Messenger, who lives at Oakdale Rise in Harrogate, pleaded guilty to theft at Harrogate Magistrates Court.

She received a conditional discharge of 6 months and was ordered to pay court costs of £85 plus a victim’s surcharge of £26.

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Mr Smith told the Stray Ferret afterwards that he was pleased Ms Messenger has been held accountable.

He said:

“At first police said they wouldn’t prosecute. She always said she would return the dog but it didn’t hold up. Stealing a family dog is a heinous offence.”

A month on from the ordeal, Mr Smith said he was glad the police took it seriously. He added:

“It was an awful 48 hours after what she put us through.”

‘Crazy Russian’ found guilty of murder at Harrogate’s Mayfield Grove

A man nicknamed the ‘crazy Russian’ has been found guilty of brutally murdering Gracijus Balciauskas at a flat on Mayfield Grove, Harrogate in December last year.

After two days of deliberation, the jury at Leeds Crown Court found Vitalijus Koreiva guilty by a majority verdict of 11-1.

Polish national Jaroslaw Rutowicz was found not guilty of murder but guilty of manslaughter by a majority of 11-1. Judge Rodney Jameson QC told him he will also receive a “substantial custodial sentence”.

Mr Balciauskas, from Lithuania, was just 41 years old when he was killed.

Body wrapped in a rug

The trial began last month with the court hearing how Mr Balciauskas’s body was found wrapped in a rug after a lengthy drinking binge involving the three friends turned violent.

CCTV footage was shown of the men leaving the flat to buy more alcohol on several occasions in the hours leading to the murder.

Rutowicz told the court how Koreiva, who is Lithuanian, erupted during a drunken game of chess with Mr Balciauskas at 5am, which led to Koreiva punching and then kicking him.

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Harrowing video footage taken on Rutowicz’s phone of a bloodied and bruised Mr Balciauskas was shown in court. The clips showed him being kicked by Koreiva whilst he was laying defenceless on the floor pleading for help.

In one of the videos, Rutowicz was heard shouting at Mr Balciauskas in Polish, “Why the f*** did you send us there? Now you look like this”.

‘The crazy Russian’

During the trial, Rutowicz said he had been threatened by Koreiva with his life if he called 999 after Mr Balciauskas died. He said Koreiva’s nickname in Harrogate was the “crazy Russian” and he had an unpredictable character.

However, prosecuting barrister Peter Moulson QC poured scorn on his claim and accused Rutowicz of lying.

Last week, Koreiva pleaded guilty to manslaughter after telling the court he had been an alcoholic since he was 13. He argued he was not in control of his actions on the night Mr Balciauskas died, which the jury ultimately rejected.

Mr Balciauskas died of internal bleeding after being kicked in the spleen. The prosecution told the jury he could have been saved if either man had called an ambulance sooner.

Instead, the pair carried on their drinking session.

Koreiva and Rutowicz will be sentenced next month.

Harrogate ‘crackhouse’ shut down following cuckooing claims

A court has closed down a Harrogate council house for three months following claims a drug-dependent woman was being exploited by drug dealers.

Harrogate Borough Council, which owns the property on Cawthorne Avenue, applied to Harrogate Magistrates Court for a closure order on the property under Section 80 of the Anti-social Behaviour Act 2014.

A notice was served this week at the one-bedroom property, which has been occupied by a 27-year-old female tenant, who was named in court, since June 2021.

Harrogate Borough Council solicitor Lynne Ashton told the court yesterday the “draconian order” was necessary due to the tenant’s spiralling addiction to class A drugs and the fact that known dealers and users were regularly seen visiting when she was not there.

The court heard how council housing staff have made repeated attempts to visit the tenant due to ongoing problems at the house, which have included threats of violence towards neighbours.

Ms Ashton said there was intelligence that the house was being used as a crackhouse and the tenant “appeared to be the victim of cuckooing”.

Cuckooing is when drug dealers take over the home of a vulnerable person in order to use it as a base for drug dealing.

The tenant did not attend court to offer a defence.

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Squalid conditions

Ms Ashton read out a witness statement from a North Yorkshire Police officer who visited the property in April and found over 200 used needles in a bag.

The statement described the squalid conditions at the property, including a double mattress on a concrete living room floor with needles and other drug paraphernalia scattered around.

The officer’s statement said:

“I was disgusted. It was one of the worst houses I’ve ever been in my career as a police officer”.

Ms Ashton also told the court that the house was near Willow Tree Primary School and there were concerns about used needles being left outside when children walk to school.

The court agreed to close the property for three months, effective immediately.

Ms Ashton said the tenant will be offered a place at Fern House, a specialist hostel for homeless people in Starbeck operated by Harrogate Borough Council.

Harrogate online predator caught by vigilantes

A Harrogate man asked a 13-year-old ‘girl’ for nude photos during online chats, a court heard.

Thomas Fryer, 36, contacted the ‘girl’ on a messenger app, not realising he was in fact chatting with an adult decoy who was working undercover to trap online predators.

Prosecutor Ashleigh Metcalfe told York Crown Court that a vigilante group called Keeping Kids Safe was behind the sting, which ended with a “confrontation” at Fryer’s home that was live-streamed on social media.

She said the volunteer decoy – a man who was named in court – set up a fake profile purporting to be a teenage girl.

Fryer made contact under the username ‘Tom Fryer 1’. On the ‘girl’s’ profile it said she was 19 years of age, but when he contacted her, she told him she was 13 years old.

Thus began a series of debauched chats on the Oasis and KIK apps, culminating in the “confrontation” at Fryer’s home where the vigilantes called in police.

Officers arrived on the scene and seized Fryer’s iPhone, which showed messages between him and the ‘girl’, including one in which he asked her if she “goes nude” and encouraged her to take naked photos of herself. Ms Metcalfe said:

‘She’ sent him two photos, whereupon Fryer called her a ‘cute girl’.”

He then asked ‘her’ if she had any photos of her young friend and if this girl was sexually active.

He then asked ‘her’:

“Why don’t you kiss your ‘bestie’ for the experience?”

In subsequent chats, he asked for more pictures from the ‘girl’ and told ‘her’:

“It’s probably better to keep this between you and me. Don’t tell anyone about the (pictures) LOL.”

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Ms Metcalfe said the chats occurred over a five-day period between May 28 and June 1, 2020.

Never been in trouble before

Fryer, of Dragon Parade, was quizzed by police but remained largely silent. However, he ultimately admitted attempting to incite a child to engage in sexual activity and attempting to engage in sexual communication with a child.

They were charged as ‘attempts’ because the ‘girl’ was in fact an adult decoy.

Robert Mochrie, mitigating, said Fryer had never been in trouble before.

Judge Simon Hickey said it was better for Fryer to get the help he needed in the community rather than any custodial sentence.

Fryer was given an 18-month community order with a 40-day rehabilitation programme. He was also ordered to carry out 80 hours’ unpaid work.

He was placed on the sex-offenders’ register for five years and made subject to a five-year sexual-harm prevention order, mainly to curb his internet activities.