Liverpool trial collapses after Muslim witness swears oath on the Bible instead of the Koran
19:02, 26 February 2015
By Neil Docking
An attempted robbery trial in Liverpool collapsed when a Muslim swore an oath on the Bible instead of the Koran.
Michael Davies, 38, denies trying to rob Victoria Kebab House in Birkenhead while armed with a hammer last summer.
But while giving evidence at Liverpool Crown Court, it emerged the takeaway’s manager Kerim Kurt had sworn an oath on the wrong holy book.
The packed courtroom was cleared and the witness left the stand, before the judge said the trial could not proceed.
Recorder Patrick Thompson told the jury: “You will notice the witness isn’t in court. The difficulty that arose and I will be very straight about this, is you have heard evidence from the witness on oath, just like you all swore an oath.
“Unfortunately it was sworn on the Bible and he just informed us he is a Muslim, which means I can’t accept his evidence and neither can you, because it was sworn on the wrong holy book. We have to start the case again.”
Mr Recorder Thompson said if the trial restarted, it would not be expected to finish this week.
Discharging the jury, the judge added: “It is probably best a fresh jury who doesn’t think we’re all totally incompetent hears this case.
“It is regrettable. It could have been worse. If he had concluded his evidence, we might never have found out.”
Mr Kurt, who gave his evidence from behind a screen, was not given the option of which holy book he wanted to swear an oath on, and the judge commented that it was not his fault.
During the trial, which opened this afternoon, the jury watched CCTV showing Davies enter the takeaway in Bebington Road at around 11.30pm on August 20 last year.
Derek Jones, prosecuting, said Davies was wearing a dressing gown, but claimed he was an Environmental Health officer.
He said Mr Kurt rang the police but Davies broke into the counter area near the till.
Mr Jones said Davies pulled a hammer out from underneath his dressing gown before Mr Kurt and another worker chased him out of the shop with a pizza shovel and a knife.
Davies argued he went to the takeaway because he had sold stolen items to Mr Kurt in the past and he owed him money for a computer.
He said they chased him with weapons and he picked up a hammer on the counter to defend himself.
Mr Kurt told the jury Davies said he was an Environmental Health worker and threatened to close the takeaway due to hygiene concerns.
He said he refused to let him behind the counter without seeing his ID and rang police, before Davies tried to hit him with the hammer.
John Weate, defending, suggested Mr Kurt knew Davies well, because he had bought stolen goods off him.
Mr Kurt replied: “No, I’ve got a child, I’m a family man. Also because of my religion, I wouldn’t be able to use these kind of things.
“If I know something is stolen that is against my religion.”
Mr Weate said: “Are you a Christian?”
He replied: “No, I’m a Muslim.”
Religious oaths require Christian witnesses and defendants to hold the Bible and state: “I swear by almighty God that I shall tell the truth, the whole truth and nothing but the truth.”
Followers of other faiths are given copies of their sacred texts, with Muslims swearing on the Koran and Jews on the Old Testament, for example.
Atheists are allowed to “solemnly, sincerely and truly affirm” instead of swearing.
The case has been listed for mention tomorrow.
http://www.liverpoolecho.co.uk/news/liverpool-news/liverpool-trial-collapses-after-muslim-8730891