Man 'spat in woman's face' during alleged assault outside Plymouth KFC
Jury told Plymouth 'charmless chav' murder accused was 'long on threats, short on action'
A MAN accused of murder has been described by his own barrister as "foul mouthed", "monosyllabic and charmless", but who was also "long on threats, short on action".
Simon Laws QC for the Crown Prosecution Service and Martin Meeke, QC for Donald Pemberton – accused of the murder of Tanis Bhandari and injuring four others – began summing up their respective cases at Plymouth Crown Court today
Mr Laws said the 27-year-old builder died a "completely unnecessary death" while four other men – Sean Cordon, Jamie Healy, George Walker and Matthew Daw – all suffered "completely unnecessary injuries of various levels of seriousness."
He told the jury: "It comes to this – if two people commit a crime together then they are both guilty of it, if they are both taking part and both want it to happen."
He gave an example of two people deciding to rob a bank.
"They go out with guns to do it. One man will be the look out and never goes into the bank.
"The look out can hardly say 'I didn't take anything, I can't be guilty'", said Mr Laws. "No, it's a joint plan. Two men have done it together."
Mr Laws suggested that if one of the men went in and the other got the door slammed in his face, both were still taking part in the joint plan and were "liable for one another's actions".
He said Pemberton drew an axe and "went for the group" on the green at Tamerton Foliot in the early hours of New Year's Day.
The green in Tamerton Foliot on New Year's Day
Mr Laws said there were five key questions the jury had to consider and suggested the evidence presented in court answered those questions.
They were "what did Pemberton know about Ryan Williams by the time they got to the green", "did Pemberton know that Ryan Williams had a knife by the time he got to the green", "were the two of them a team that night", "who started the fight on the green" and "what can the medical evidence tell you in this case?"
He said Pemberton knew Williams "would fight with him", and knew he was "an aggressive young man" with a criminal record.
Mr Laws said it was "inconceivable" Pemberton did not know Williams had a knife.
Pemberton and Williams had posted photos of themselves holding weapons during their Facebook argument with Dale Hewitt and Dale's mother.
He described them as operating as a team as they intimidated and threatened people on the way through Tamerton Foliot to the green, working "hand in glove".
He said: "Two men drunk, carried away with the power their weapons brought them.
"This was never one man against a group, it was two.
"Williams stabbed the man who took him [Pemberton] on. Tanis Bhandari was involved in keeping him [Pemberton] on the ground. It was an act of great courage on his behalf and he paid for it with his life.
"He was stabbed because Ryan Williams was coming to the assistance of Donald Pemberton and for no other reason."
Ryan Williams - who has pleaded guilty to murder, three counts of wounding with intent and one of actual bodily harm
He said it was Pemberton's actions which began the fight, pulling out the axe, having already engaged in threats to stab someone in the liver on Facebook, intimidate others en-route through the village.
He noted how the medical evidence showed there were two weapons at play on New Year's Day, with injuries sustained pointing towards the large kitchen knife held by Williams and a smaller, narrower knife which he suggested was in Pemberton's possession.
Mr Laws reminded the jury of witness Darren Cotter who remarked "I don't think he [Pemberton] wanted a cigarette, I think he was looking for trouble'"
Mr Laws also noted an account from one witness who said they saw a man – Pemberton – on the ground being attacked by at least three others.
He said: "If ever there was a man on New Year's Eve in Plymouth who deserved what he was getting it was Donald Pemberton. He was, on his own account, still reaching for his axe and they were doing just whatever they could to stop him."
***

Donald Pemberton's final Facebook profile image posted on New Year's Eve
Martin Meeke QC told the jury there was "a great deal, you may think, not to like about Donald Pemberton", collecting "by the age of 20 a number of previous convictions" including an unprovoked attack, carrying a machete and causing an affray.
He said the CCTV footage they had seen showed him threatening people with meat cleavers, but it also showed him "our hero in the dock, running away… Long on threats, short on action".
He said Pemberton had been in prison, "takes illegal drugs, scrounges cigarettes, keeps bad company, he is foul mouthed – just look at his Facebook exchanges – is almost monosyllabic and charmless and on that night he was on his way to meet Kane Swabey with an axe. If I've missed anything let me know.
"What am I doing running down my own client? We have no illusions of what you will make about Donald Pemberton and that others see him as you do with all his many faults."
However, Mr Meeke went on to urge the jury to put aside their "distaste" for Pemberton and their "sympathy" for Tanis Bhandari and examine the evidence "analytically and dispassionately".
Mr Meeke reminded the jury that Williams pleaded guilty to all counts, adding: "He had to. He was the man who had a knife, or knives."
Ryan Williams and Donald Pemberton posted selfie images on Facebook posing with knives on New Year's Eve
He asked the jury to consider "what opportunity did he [Pemberton] have to stab Sean Cordon who had told the court he remembered being on the ground, holding onto a man, facing the man's back and both unable to punch each other.
He said if Pemberton had reached round to stab Mr Cordon "it would've been a feat of some proportions".
Mr Meeke reminded the jury of a statement by a paramedic who drove George Walker and his girlfriend Billy-Jay Edmonds to the hospital.
The medic told police she heard Miss Edmonds say the man, later identified as Williams, as using a "bread knife" and described it as having "serrated edges".
He also noted paramedic Neil Jago's statement who took Jamie Healy and Sean Cordon to Derriford Hospital. En-route he heard them talk about the event, leaving the pub, walking across the green and "these males ask the girls for cigarettes which they said they didn't have any, so they asked Sean Cordon and Jamie Healy. I didn't hear anything which explained why they had been attacked."
He said there was "no evidence of a plan" between the two men adding: "That is nothing more than supposition on behalf of the prosecution."
He reminded the jury that Pemberton had no convictions for injuring anyone with weapons.
He also noted how the images posted on Facebook were "to make himself look big, to be the hard man, to impress Dale Hewitt".
He noted the "likes" the foul comments between Mr Hewitt, his mother and Pemberton received.
Just two of the many Facebook exchanges on New Year's Eve
He said: "You may think it is a pretty sad world when people communicate in those terms or approve of others doing so and there's no doubt that Pemberton was offering Dale Hewitt a fight."
Mr Meeke told the jury Pemberton came up with an explanation as to what started the attack on the green.
He said the young man had asked for the cigarette and within the group on the green, "someone else came through asking 'what did he say?'
"What was this charmless chav doing in his part of the village?
"He [Pemberton] got a punch for it. That's why he pulled the axe out."
The Kings Arms in Tamerton Foliot where Tanis Bhandari and his friends had seen in New Year's Eve
Mr Meeke noted how Sean Cordon's girlfriend Dina Moore turned after hearing a "silence" from the group and witnessed Pemberton pulling out the axe and lunging.
Mr Meeke held up his arm, as if holding the axe and said no-one witnessed Pemberton make any chop or slashing motions.
He asked: "What might you say if I held an axe out like this? 'Stay back'? 'Back off?'"
He noted how Miss Moore had said it was "a bit strange" these babyfaced boys would take on a large group of men, some over 6ft tall.
He added: "It's not just a bit strange – it makes no sense at all. On the way to the green they had a number of targets who would've been much easier to take on."
He said witness David Dewar "didn't seem surprised that there was a fight occurring" and that he saw Tanis Bhandari "punch and kick someone on the floor", George Walker "punch and kick someone on the floor and a third man he didn't recognise punch someone on the floor."
Images taken by police of Donald Pemberton following the incident on New Year's Day
Mr Meeke told the jury Williams saw Pemberton taking a beating. Williams did not attack in self-defence, but "stabbed people wholesale".
He said what Williams did was "so far over the top as to be criminal, which is acknowledged by his pleas."
The trial continues.
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Two men wanted by police in connection with 'nasty assault' outside Plymouth pub
TWO men are wanted in connection with a "nasty assault" in a Plymouth pub.
Police say a 32-year-old male was assaulted in the toilets of the Melbourne Inn, Stonehouse, on Sunday, November 29.
An appeal for witnesses to help identify two men wanted in connection with the assault has been issued.
A spokesperson for Devon and Cornwall Police said: "[The man] was assaulted in the toilets of the pub by two other males. On going outside the pub he was attacked again by the same two males.
"It's known from CCTV footage there were people around at the time stood by the pub. It's also believed the two suspects went back into the pub after attacking the man in the street.
"It was a very nasty assault. The man was punched and kicked while on the floor and he suffered cuts and bruises. People did go to his aid.
"We would be very grateful if anybody that saw anything could come forward, anonymously if they want to."
If you can help police contact 101 quoting crime reference CR/081659/15 or alternatively call Crimestoppers anonymously on 0800 555111 or online at www.Crimestoppers-uk.org
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Jail term cut for two who beat Plymouth man for sleeping with one of their wives
Man wanted by police following theft of wallet from inside Plymouth's Home Park stadium
A MAN is wanted by police following the theft of a member of staff's wallet from inside Home Park.
The burglary took place on Monday, November 16, at abound 10.30am.
Police say a wallet was stolen from inside the stadium which belonged to ground staff and the bank cards were then used to purchase items.
If you have any information call police on 101 or email 101@devonandcornwall.pnn.police.uk or call Crimestoppers anonymously on 0800 555111 quoting crime reference number CR/079353/15.
Police standoff with possibly armed man on roof of Plymouth property resolved
EMERGENCY services from across Plymouth were held to a standoff on Thursday night as a possibly armed man refused to come down from a property roof.
Police negotiators, local officers, firefighters and paramedics were called to a property on Holyrood Place, Plymouth Hoe, around 1am after reports a man was carrying a knife while sat on the roof.
Although concerned for the 44-year-old's welfare, negotiators were withdrawn from the scene by 3am after it was concluded the man was no longer a threat.
Local officers stayed at the scene until the morning, though the man fled the scene before returning unharmed in the afternoon.
A police spokesperson said: "We were called to an address on Holyrood Place at around 00.50 following reports of a disturbance.
"On arrival police had concerns for the welfare of a 44-year-old resident who was also believed to be carrying a knife and was sitting on the roof of a property.
"Police attended and negotiators spoke with the man. Fire also in attendance.
"Our negotiators then left around 3am after it became apparent the man, while still on the roof, was no longer a danger to himself or to others.
"Local officers stayed with the man who then left the roof and fled the area early in the morning. The man later turned up unharmed in the afternoon."
Pensioner jailed for starting fire at her home in Plymouth
Thieves target Plymouth charity leaving £2,000 trail of destruction
Thieves have targeted a Plymouth charity shop, making off with £500 cash and leaving a trail of destruction which will cost £2,000 to fix.
The St Luke's Hospice Plymouth charity shop at Sugar Mill, Plymstock which specialises in furniture was targeted between Saturday evening and the early hours of Sunday morning.
Thieves removed a safe containing £500 and caused nearly £2,000 worth of damages.
Offemders accessed the premises by throwing a large rock through the rear window.
Retail Area Manager, John Saunders said: "Any form of burglary is devastating for the victim, but to target a charity is the ultimate low.
"This charity shop has a considerable amount of signage on the outside of building, so it is very obvious we are a charity and what our cause is.
"Whilst there has been no stock taken, the destruction and mess they have left behind was considerable.
"Our 31 charity shops contribute over £800,000 into patient care each year. The £500 which was taken is the equivalent to half the total cost of caring for one of our patients at home."
St Luke's is keen to inform customers that The Sugar Mill charity shop is still open for business, 7 days a week.
If you have any information that may be able to assist Devon & Cornwall Police with their inquiries, please call 101 quoting crime number: CR83945/15
Lights out for man who stole disco illuminations in Plymouth
Claims of attempted kidnapping outside Plymouth school are false, say police
REPORTS of an attempted kidnapping outside a Plymouth school are false, say police.
Three girls claimed they were approached by two men in a white van while walking along Seymour Road, by Hele's School, last Monday.
Following a comprehensive investigation by Devon and Cornwall Police, officers have since concluded the incident did not happen and have dropped the case.
A police spokesperson said: "Police have conducted a comprehensive enquiry in to this matter and concluded that the incident did not occur.
"We would like to reassure the pupils and parents of Hele's School and the wider community of Plympton that incidents of this nature are extremely rare.
"We would like to thank members of the public that came forward and provided information.
"Although this incident was not as reported, we would ask parents and students to remain vigilant for suspicious behaviour."
Justine Mason, principal at Hele's, was keen to reassure both pupils and parents that there is no reason to be fearful.
Speaking to The Herald, she said: "I'd like to stress that the safety and welfare of our students and our staff is, and always has been, our very highest priority.
"Hele's School has robust safeguarding procedures in place and an exemplary record in keeping members of our school community safe. It is important to note that our school safeguarding procedures have never once been brought into question as part of this investigation.
"We cooperated at every stage of this police investigation in spite of this being an out-of-school incident, and acted on police advice in the best interests of our community without compromising the investigation.
"I have no doubt that parents will continue to be highly supportive of Hele's School and to have absolute faith in our ability and our commitment to keep their children safe and happy."
Animals tortured, mutilated and killed at Devon special needs school
GUILTY: Donald Pemberton murdered Tanis Bhandari
THE two men who killed Tanis Bhandari had "gone out ready for violence" according to the judge who handed them both a life sentence.
Donald Pemberton and Ryan Williams have been sentenced to life in prison with a minimum of 23 years following the killing on New Year's Day.
The pair showed little reaction as they were led away
Mr Justice Nigel Teare called the death of 27-year-old builder Tanis "unnecessary and unprovoked" and spoke of the "irreplaceable loss" his family had suffered.
Pemberton, of Victoria Road, St Budeaux, faced one joint count of murder, three counts of wounding with intent and one count of actual bodily harm.
He was today found guilty by a jury of five men and seven women, with each count on a majority of 11 to 1.
His co-defendant, Ryan Williams, of Haydon Grove, St Budeaux, pleaded guilty to all five charges earlier in the trial.
Mr Justice Teare said: "His [Tanis] unexpected and unnecessary death on what had been a night of celebration and optimism for the future has changed his family's lives forever.
"The moving statement of his mother demonstrates that."
Tanis' mother she spoke of the "irreplaceable loss" the family had suffered, the Judge said.
"The result of this unnecessary and unprovoked attack was that Tanis Bhandari lost his life and Jamie Healy suffered very, very serious injuries," Mr Justice Teare said.
"[Jamie's] life was saved by doctors."
The Judge praised the courage of the group of friends in tackling Donald Pemberton as he lunged at them with an axe.
Speaking to the killers, Mr Justice Teare said: "You had gone out ready for violence and were in an aggressive mood."
The jury had spent 13 hours and 35 minutes in deliberations as they tried to reach a unanimous verdict against Pemberton.
They were originally sent out on Tuesday at 11.02am to consider their verdict by Mr Justice Nigel Teare.
They returned at 4.30pm, informing the court clerk they had not yet reached a unanimous verdict
The jury were again sent out at 10.10am yesterday and returned at 4.12pm.
Today, they were asked by the judge whether they had reached a verdict on which they were all agreed.
Mr Justice Teare sent the jury out at 11.34am today, saying he would accept a majority verdict on the charges to which at least 10 of them could agree.
At 12.37pm the jury of five men and seven women returned to court. When asked by the court clerk, the foreman answered the questions, returning a guilty verdict to all five counts, noting that each was on a majority of 11 to 1.
Despite being asked by the judge to remain silent during the verdicts being read out, stifled gasps and crying could be heard from the public gallery, which has remained full for nearly every day of the 16 day trial.
Pemberton, dressed in a dark grey shirt and black tie, gave no great reaction as the verdicts were read out. He appeared to look around the court room, place his hands on his hips and behind his back, occasionally rubbing his face with the back of his hands.
Defence barrister for Williams – Paul Dunkells QC - told the court his client was in the building having been brought from prison.
It is expected the court will reconvene at 2.15pm. The judge will hear mitigation from MR Dunkells QC and Pemberton's defence, Martin Meeke, QC, before he passes sentence.
Popular builder Tanis Bhandari, 27, was fatally stabbed after spending a night with friends at The Kings Arms public house on New Year's Eve in Tamerton Foliot. Jamie Healy, Sean Cordon and George Walker all suffered serious wounds while Matthew Daw suffered cuts to his arm.
Detective Inspector Ian Ringrose from Devon and Cornwall Police's Major Crime Investigation Team said: "We welcome the guilty verdict which will see both Donald Pemberton and Ryan Williams serve life sentences for the murder of Tanis Bhandari.
"Both men have not only been convicted of Tanis' murder, but also for assaults on Jamie Healy, Sean Cordon, George Walker and Matthew Daw.
"This was a senseless, unprovoked and horrific attack on a group of friends celebrating the New Year. Tanis Bhandari lost his life at the age of 27 years and the attack has had a profound impact on the victims, their families, friends and the community."
Det Insp Ringrose added: "The Major Crime Investigation Team conducted a thorough investigation into the tragic events that night. However, the result would not have been possible without the actions of officers who attended the incident on the night and support of the community, in particular the very close community of Tamerton Foliot.
"I would like to thank everyone who assisted the investigation and who have supported police throughout.
"Tanis' family, the victims who survived, their family, friends and the community have acted with dignity throughout this ordeal. I hope that the outcome today will allow everyone who has been affected to gain some kind of closure and help recover from this traumatic crime."
History of a tragedy, from attack to conviction
Jury told they could consider manslaughter, as alternative to murder charge
Pemberton is a 'charmless chav' who is 'long on threat, short on action'
Pemberton said video of him brandishing knives in street was 'unfair'
Tears after the stabbing in Tamerton Foliot
Jurors watch Pemberton brandishing meat cleavers on CCTV
Aggressive Facebook exchange before fatal attack
Forensic evidence closed case for prosecution
Pemberton's sister said he snorted drug before attack
Surgeon said wound was deep enough he could reach the operating table through it
Sober witnesses tell what they saw on the night of the attack
Police reveal threats and insults
Police say murder scene was most horrific and distressing of their careers
"Come up this lane and I will stab the lot of you"
Witnesses speak of Tanis Bhandari covered in blood
Man who lost kidney and spleen in attack begged not to die
He came at me with an axe, I thought he would kill me
Tanis's best friend broke down in tears
Man admits murder of Tanis Bhandari
I watched Tanis die in front of me as friends tried to save him
Evidence linked killers to the scene
Pemberton told police "I don't care if he dies"
Family thanks Plymouth for their amazing support
Facebook pictures of the accused brandishing weapons are shown to jury
Friends run half-marathon in memory of Tanis
Farewell to Tanis - emotional funeral for much-loved man
Tesco staff raise £4,500 for Tanis's family
Hundreds gather at vigil for Tanis Bhandari
Pub creates photo montage memorial for Tanis
30 get tattoos in memory of Tanis
Family pays tributes - there will never ne another Tanis
Messages of support for man left fighting for his life