I am severely assaulted while sleeping

Last night I was “severely assaulted” – well, that is how the police officer that took my statement described it. He also said it was quite a disgusting assault because I was a woman and I was asleep. Basically I was the victim of a hate crime and a threat to kill (Crime Reference No. CR/007884/07). It is not the first time I have been attacked in the porch though. On 4 May I was assaulted twice: at 11.30pm, while sleeping, some guy dragged me out of the porch by the ankles and at 3.45am I was kicked in the back. Most recently on 7 September some guy threw a glass of beer all over us as we slept (I actually woke up because I felt my face wet).

This guy that assaulted me had two friends with him, although they did not participate in the assault nor did they pull him off me. Declan sleeps on the inside protecting all our belongings, which include all our documents, and was concerned the friends wanted him to stand out. There is CCTV all around the area – it’s the business district after all – so it shouldn’t be difficult to pick up the assault in question. This is the statement which was written this morning by the police officer on my behalf (I was given a copy):

STATEMENT OF MARIA DOLORES HEAVEY

I am the above named person. I have been a resident in the UK for about four years. Since 3 November 2006 I have been sleeping in the porch next door to Pret A Manger on …, London. At about 05.00 this morning the 22 September 2007 I was asleep in the porch with my husband Declan Jude Heavey. I was facing towards the street in a sleeping bag and hood which concealed my face.

I was woken by the sound of shouting which I ignored. There was then a period of silence for about two seconds. I then felt a heavy blow to my upper left arm which felt like a kick. This was followed immediately by a similar blow, both of these blows felt like kicks and were delivered with some force. I then heard a male voice shout “FUCKING TRAMPS”. Declan then shouted “THIS IS A WOMAN”. I then felt Declan put his arm on me. I then removed my hood from my sleeping bag and unzipped it slightly. This was in order to see my attacker. After I had removed my hood from my sleeping bag my attacker stamped on my upper arms and chest a further 5 times. The blows were delivered with a great deal of force.

I looked up and observed my attacker and two people standing with him. I would describe my attacker as a white male aged about 25 of slim build and about six feet tall. He had an angular face with high cheekbones. He had short, light brown hair, he was clean shaven. He was wearing a thin materialed top but I do not know what colour. He was wearing light coloured jeans which were loosely fitting. He was wearing trainers but I don’t remember the colour. He had an English accent.

My attacker then stopped stamping on me and shouted “I WILL FUCKING KILL YOU” before walking away in the direction of … before turning right towards ... About eight minutes later one of the attacker’s friends who had been watching the incident came back from the same direction and passed by and said “sorry”. He walked past me and turned back at Pret A Manger, walked past me again and said “sorry”. I would describe this man as white in his mid twenties of medium build about 5’8 inches tall wearing a long sleeved, stripped blue and white top with no buttons. I do not believe this was a football top. He was wearing blue jeans and light coloured trainers. He had light brown hair. He then walked away in the direction of … and turned right towards ... About three minutes later the second witness came back from the same direction. He walked past me twice on the same side of the street as me. He looked in my direction but did not say anything. I could describe this person as a white man, probably about 27 or 28 of a heavy build but not fat. He had light brown hair about collar length at the back. He was clean shaven. He was wearing a light pink shirt, short sleeved, buttoned all the way down with a collar.

He then walked off in the direction of … before turning right in the direction of ... I observed him cross the street and turn left. I could see him through the windows of ... I had observed all three men for a period in total of about 30 seconds. I observed my attacker in total for a period of about 4 seconds. Throughout the attack there was no natural light. However, the street was illuminated with street lamps.

I would recognise all three individuals again. None of the three men smelt of intoxicating liquor and my attacker’s speech was not slurred. I feel the attack was premeditated because my attacker was careful not to kick me in the head. The blows were deliberate and aimed at my upper body.

This incident has left me upset and very angry as I feel my personal space has been violated. Although at this stage I have no bruises I feel this is due only to the fact that I had on at the time 5 layers of thin clothing and was in a sleeping bag. I have been a victim of crime before but this incident has left me upset and angry because it was completely unprovoked. Should it prove necessary I am willing to attend court.

Signature: Maria Heavey
Signature witnesses: PC Stuart Thomas (409C)

Declan has also written to the Registrar of the European Court of Human Rights. As I have already stated in this blog, if Declan’s urgent request for expedition of 8 September to the Court is granted (Declan’s main application of 8 September can be read here), it is not beyond the realms of possibility that things could be resolved in just a few months. The case of Papon v France was expedited by the Court under rule 41 of the Convention because of the advance age and ill-health of the applicant in prison: the case was lodged on 12 January 2001 and on 23 January the Court asked the respondent Government to submit information and comments about the applicant’s conditions and regime. I hope the European Court doesn’t respond to Declan’s application while I am lying in a hospital bed with broken ribs. This is the letter he sent:

Application no. 22541/07
Heavey v. the United Kingdom

                                RULE 41-URGENT

Dear Sir/Madam

In further reference to my urgent request for expedition under Rule 41 of the European Convention on Human Rights made on 8 September 2007 (with particular regard to the reasons cited for the necessity of expedition), I enclose for the attention of the Court copy of my letter and enclosures of today’s date to Chief Superintendent Ken Stewart of Bishopsgate Police Station regarding my (illegal) begging and severe assault on my wife.

I beg to again point out that under the heading “Necessity of expedition”, the aforementioned urgent request for expedition states the following:

An urgent expedition is necessary in this instance because of the violations of the applicant's human rights already existing and are likely to be even greater. The right that will be violated is the right to private and family life by the threat to the applicant of being severely assaulted, becoming seriously ill and/or being reduced to begging. This would constitute a threat of irreparable and serious harm. Being reduced to begging is a threat that is imminent given that the applicant’s savings have already been exhausted.

Yours faithfully

Declan Heavey

Enc