The victim of an alleged kidnapping denies he concocted his story to ensure he received favorable treatment after being caught by police with a cache of steroids.
Marven Yacoub was charged with possessing steroids after a raid on his home on February 4, 2013. A week later the Crown alleges he was kidnapped and forced to swear a false affidavit claiming responsibility for a consignment of green pills found in the boot of a BMW being driven by his former friend Khalid Nasar Slaimankhel.
Slaimankhel, Junior Iolimo Paea and Jen Jay Law face a charge of kidnapping at the High Court at Auckland. Slaimankhel and Paea also face a charge of attempting to pervert the course of justice.
Mr Yacoub testified yesterday that he went to a South Auckland Burger King on February 11, 2013 to buy steroids for personal use from Law. He was instead taken aside by a man who called himself Smokey and two unknown associates. Smokey, whom he later learned was Paea, took him to a booth and instructed him he would be taken to a Ponsonby law office to swear an affidavit. During the conversation Paea's associates parted their shirts to reveal gang insignia, Mr Yacoub testified.
Under cross examination by Slaimakhel's defence counsel, Mark Ryan, Mr Yacoub was accused of making up the kidnapping story to ensure he would be granted diversion on the steroids charge, meaning he would avoid a conviction.
Mr Ryan pointed to the 90 minutes Mr Yacoub waited before calling police after he had returned home following the alleged kidnapping.
"You sat there and worked out how you can protect your diversion for steroid dealing charges" Mr Ryan said.
"No. I was working out how to protect my family," Mr Yacoub answered.
"I was buying steroids from Jay and Khalid for my personal use so why would I be worried about my diversion?"
Under cross examination from Paea's lawyer Paul Heaslip, Mr Yacoub admitted he had lied to one of the lawyers who witnessed his statement when he swore its information was true. Mr Heaslip pointed out Mr Yacoub was a Christian who had sworn on the bible at the time.
"I knew god was going to forgive me," Mr Yacoub said.
He refuted Mr Heaslip's accusation that he had made up the kidnapping story and had in fact gone willingly with Paea because he owed him money. Mr Heaslip put it to Mr Yacoub that he and Paea had met many times and had worked out together at gyms. The discussion at the Burger King, which is captured on CCTV, was about Mr Yacoub owing Paea money, Mr Heaslip submitted. The men had then travelled to Ponsonby so Mr Yacoub could get $300 he was owed by Slaimankhel for selling him the green pills and give it to Paea.
Mr Yacoub said that was not true.
"I have never trained with Mr Paea. I don't know Mr Paea. That's why I knew him as Smokey," Mr Yacoub said.
The 90 minute delay before he called a police detective whose number he had been given was because he was in shock.
"I just didn't know what to do."