Original subtitles

Are you familiar with the extinct volcano

that is Arthur's Seat in Edinburgh?

Yes.

Were you on Arthur's Seat on the second of September?

Yes.

Did you hear anything out of the ordinary?

I heard a scream.

LINE RINGS

999 OPERATOR:

CHEERING

The main charge is that the accused

did assault his wife, Fawziyah Javed,

and did push her from height at Arthur's Seat in Edinburgh...

..and was so severely injured that she died,

and he did murder her.

NEWSREEL: A man has been arrested in connection with a suspicious death

of a woman who fell from Arthur's Seat in Edinburgh.

You have no evidence to tell you what happened on the hill.

You're just being asked to take a massive guess.

The accused will maintain that this was simply an accident.

How then does the Crown demonstrate that there was a deliberate push?

I've prosecuted many murder cases over the course of my career,

but for a variety of reasons, this case is extraordinary.

For Fawziyah's mum, and indeed the whole family,

this is a very emotional and difficult time.

They have attended all the way from Leeds to be here.

It's going to be a traumatic time for all of us.

I know I'm going to come face-to-face with him.

This person has destroyed us.

CLERK: Court.

We all wanted to know what actually happened to Fawziyah.

And we'll fight to get her justice.

I want answers.

Whoa! SHE CHUCKLES

If there's one memory I have about Fawziyah, is just laughing.

Where did you come from?! SHE LAUGHS

Fawziyah was almost like a, a wonder woman.

She was smart, she was beautiful.

Some would say she had it all.

PRODUCER: As the trial starts, what's going through your mind?

Hate...

Hate for him.

Right, good morning, everyone.

Advocate Depute, what's happening first today?

Thank you, my Lord, the first witness for the Crown

is number 26 on the Crown list.

All right, thank you.

The key issue is what happened on Arthur's Seat.

So, I will open the case with

one of the witnesses who was on the hill at the time.

However, we don't have an eyewitness other than the accused.

The defence might argue that's there's insufficient evidence

to justify murder.

So it's up to me to prove the case beyond a reasonable doubt.

Have you been on Arthur's Seat on many occasions?

Yes.

Would I be right in saying there are several routes

that one can take to get to the summit?

Mm-hm, correct.

Is it an area which is prone to recreation

with lots of people walking up there?

To my knowledge, yes.

There's a good view of Edinburgh from the top, is that correct?

Yes.

Were you on Arthur's Seat on the 2nd of September 2021?

Yes.

Did you hear anything out of the ordinary?

I heard a scream.

Could you tell if it was a male or female scream?

There were a couple of screams,

one was from a female screaming,

and then I heard a male screaming.

And then I saw a gentleman coming down

basically asking for help, very panicked.

Would you recognise the male if you saw him again?

Yes.

Could you look round the court and tell me if you see him?

There.

And just for the record purposes,

you've pointed to the man between the two security officers

in the dock, is that right? Correct. All right.

Was any explanation offered to you as to what had happened?

The gentleman said that his wife had fallen off of Arthur's Seat

off of the summit, and he wanted me to dial 999.

And did you do that?

Yes. Right.

I'm going to play a recording,

which is label number one, a treble nine call.

LINE RINGS

999 OPERATOR:

After that point, what happened?

The gentleman kept trying to go over to-to

get to the woman who had fallen.

But, uh, he was struggling to get up there.

I think it was just his shoes or it was just slippy at the time.

And did you receive a call back from

the emergency services, the Ambulance Service in particular?

Yes.

Did the man you've identified also speak on the telephone?

Yes.

999 OPERATOR:

All right, thank you very much.

Mr Duguid?

How many times had you been up to the summit on Arthur's Seat?

I would say over 100, most of my life I've been going up there, so.

All right.

So, you are aware of part of the summit

which descends quite rapidly from,

I suppose, the top of some crags, or rocks or cliffs, is that right?

Yes, I do my best to avoid it.

Mm. And I take it you do your best to avoid it

because you know about it?

Yes. Is that right?

Yes.

So, when you're on the summit,

you know how to descend from the summit

and where not to go? Is that correct?

Correct.

Now, you were explaining how the man, whom you've identified,

appeared to be slipping, is that right?

Yes, he appeared to be losing balance.

And I think you used the description of him as being very panicked?

Correct. I take it that was the impression you gained

of his, uh, situation? Is that correct?

Yes, correct.

Thank you very much.

The starting point for any defence in a case

is the instructions you have from the accused.

So, the accused says, "I didn't commit this crime,

"here's the circumstances,

"can you defend me?"

Accused persons deserve the best representation

that the law can provide,

and you give every case everything you've got, really.

That's the way I see it.

This is my favourite one of Fawziyah.

And maybe she just had a bath, and she was just so giggly and happy.

So natural.

The life that I had, that's gone.

It's finished.

And Fawziyah was our life, she's our world, our everything.

Sorry, I can't do any more.

Fawziyah was an angel on earth.

Me and my husband couldn't have asked for a better baby.

She attracted attention wherever she went,

you know, anybody that would come to the door,

she'd go running and just start chatting to them.

So extravert, so outgoing.

Everybody just fell in love with her.

And at the age of eight, she wanted to become a lawyer.

She stood for fairness and justice.

Even at that age, you could just tell.

She'd always say to me "Maama"...

"Maama" in Punjabi, it means uncle.

She's always said, "Maama, how are you?"

Yasmin invested all her hard work in Fawziyah.

And Fawziyah was the only one in the family

to be educated privately.

Yasmin was probably on £5 an hour,

and she used to pay like £20 an hour for a private tuition.

I can remember the graduation day,

she was saying to me that, "I'm gonna become a lawyer,

"I'll make you very proud."

That was like the happiest time of my life.

Seeing her, you know, doing well.

On a boat right now.

It's not setting off, but I think we're all feeling scared.

Smile Baapu.

We did a lot of things together, lunches together,

holidays together.

She took us to places that I would never have ever dreamt of going.

Hello.

Aw, that's quite cute.

Ah, kisses only Tuesday or Wednesday.

Oh, my God, the water is so cold.

It wasn't a question of mother and daughter,

they were best friends. They were very close.

It just breaks my heart when I see that...

..it's no longer...

..gonna happen anymore.

Yes, Advocate Depute, who's next please?

My Lord, the next witness is number five on the Crown list,

Nighat Yasmin Javed.

It's going to be very painful for my sister to give evidence.

But she's very brave,

and we know she's gonna do this for Fawziyah.

Would you say these words back to me, please?

Yeah, sure. "I solemnly sincerely and truly..."

I solemnly truly and sincerely...

"..declare and affirm..."

..declare and affirm...

"..that I will tell the truth..."

..that I will tell the truth...

"..the whole truth..." ..the whole truth.

"..and nothing but the truth." ..and nothing but the truth.

Thank you very much. Yes, Advocate Depute? Thank you.

Now, are you Nighat Yasmin Javed,

more commonly known as Yasmin Javed?

That's right, yes.

And did you have a daughter, Fawziyah?

Yes? That's right.

Yeah.

Were you close to your daughter?

Very close.

She was an only child.

What was her occupation?

She was a solicitor, employment law.

Employment law.

Did she form a relationship with a man called Kashif Anwar?

That's right, yes.

And do you recognise him? Yeah.

Could just point to him please?

There. You've pointed to the man in the dock

between the two security officers.

Yeah.

Tell us how that relationship came about?

When the accused was working as a optical assistant in Leeds,

I went in there to purchase some glasses accompanied by Fawziyah.

So, it was like friendly chit-chat.

And then, um, Fawziyah worked in the city centre,

and they bumped into each other one day.

And he actually said to her,

"Look, um, this is the type of girl that I want to marry."

It's lit.

Don't do it that way, Kash.

When I met him, he was very, very confident.

He came across as a very caring young person, very genuine.

Fawziyah was a practising Muslim,

and faith was important to him as well.

WHISPERS: Fawziyah. Look up.

They seemed really happy together.

Love you.

He told her that she had everything

that he was looking for in a wife.

Beautiful, independent, intelligent.

He said he wanted to be a very good husband to Fawziyah.

Fawziyah was happy with him.

Me and my husband were happy with him.

You know, there was no reason to think otherwise.

Did Fawziyah's view of the relationship change?

Um...

The accused seemed a bit, um...

..possessive.

Uh...

..a bit of a hot temper.

Did you ever see any example of a hot temper?

Yeah.

We were on the way to get the rings.

We got into the car.

We all had our seat belts on apart from the accused.

And Fawziyah told him to put his seat belt on,

and he refused.

Fawziyah said to him, "Look, I could get into trouble."

And he just snapped.

He got really, really angry,

shouting, and swearing and screaming.

It was something that I'd never seen before,

it was...an extreme reaction.

But he was very, very apologetic.

He apologised to me,

he apologised to Fawziyah.

He told me that he was stressed out with his studying.

And I-I believed him.

There was something about him that was bugging me.

There was just something about him that I didn't like.

When I first met him,

I was speaking to his father introducing myself,

and then he just cut in and goes, "Oh, forget my father."

And he spoke over me.

And I didn't like that.

His cockiness and his arrogance put me off straight away.

She was like a Bentley Continental,

one of my favourite cars.

You know, and he was like a Nissan Micra.

But Fawziyah was happy with him,

Fawziyah made her choice.

And I had to accept that.

PHOTOGRAPHER: Look at me.

Right round here, yeah? Yeah.

And then just place it across.

Like that? Yeah, lovely, smile.

Fawziyah was an absolutely stunning and beautiful bride.

Are you sure I look nice?

Yes!

When Fawziyah married him at the mosque,

Fawziyah was very happy.

CHEERING

In our culture, the girl always goes to the boy's side of the family.

So, after the ceremony,

Fawziyah went to live with his parents and her husband.

He and his parents had actually come to our house.

And I made it absolutely crystal clear

that Fawziyah could do the basics,

but she wasn't going to be doing housework

and cooking all day, because she was a career woman,

she was a lawyer.

She wasn't a housewife, put it that way.

And they were absolutely fine with that,

all three of them.

So, Fawziyah went to live with them.

So, I first met Fawziyah in 2018

when I first joined at the firm.

And we just clicked.

Sometimes during our lunch break, we'd grab bubble tea,

that was our thing.

We used to grab bubble tea and go to a park.

She was very charismatic,

it was absolutely impossible for you to not to love her.

PHOTOGRAPHER: Stay there a second, do that again?

Because of the Covid restrictions,

not many people from work could be invited to the wedding.

So Fawziyah texted me a few days

after the ceremony actually happened,

"Hello, my little ingredient,

just wanted to drop you a quick message

to say I got married last-last week."

Um...

Um, and I told her congratulations,

and she replied "Thank you. Hopefully we can celebrate soon."

She sent me some photographs from the wedding.

I remember I told her that she looked beautiful.

The next time we saw each other was in a shopping centre

when we went for bubble tea.

She never talked about Kashif's parents.

But one thing I did find strange was

every time she would refer to them, she would,

she would say, "The people I live with."

She was taking a lot of pictures, more than usual,

and it sort of gave me the impression

she was sending them to somebody.

Kashif called at some point and he asked Fawziyah

if we wanted to go for a pizza.

And then she said, "No, I don't think Ingrid's hungry."

And that was it.

SOLICITOR: So far as you were aware,

was Fawziyah someone who would use social media?

Yes, she did, yes.

Did her use of social media change at all

while in the relationship with Mr Anwar? It did. Yeah, yeah.

In what way? She deactivated her Facebook account.

Why was that?

Because the accused said to her that, "I'm not on Facebook

"and it'll be good to just concentrate on the marriage

"rather than being on social media."

And she took that onboard. Yeah.

Were you aware of Fawziyah having blocked

any family members or friends from social media?

Fawziyah hadn't, but the accused had got into her phone

and started blocking male members of the family.

Did she ever tell you anything about money

having been transferred from her account?

She did. She said that the accused,

one day while she was asleep,

logged into her bank account online

and withdrew £12,000

and put it into his account.

Were you aware of telephone calls from Mr Anwar to your daughter?

Yes.

I overheard phone conversations.

PRODUCER: So, this is her room?

Yeah, yeah, yeah.

And have you changed much?

No.

I remember it was Ramadan, and she'd come back home to stay with us.

She was upstairs in her room,

and I could hear his voice on that phone call,

and I was just besides myself.

SOLICITOR: I'm going to play a recording,

which is Crown label eight,

which are calls recorded on the 30th of April 2021.

My Lord, the first call is Crown production 103.

RECORDING:

"You're a disease in everyone's life.

"The sooner you're dead, or the sooner you're out of my life,

"it'll be better."

What was Fawziyah's reaction to that sort of comment?

Upset, extremely upset.

Next part, also on the same day,

this time it is Crown production 25, please.

RECORDING:

Thank you, that might be the suitable point to break, my Lord.

Yeah, so, can I ask you please to return for quarter to two, please?

Thank you very much.

Playing the recordings,

this is not about tugging emotional strings.

Court.

It's about the way in which he spoke to her,

which demonstrates, what I will suggest,

is a controlling and coercive course of conduct.

Hearing her voice and hearing her break down

in the recordings and that,

it's just awful.

She didn't deserve any of this.

Really sad to see that what Fawziyah went through.

By the time Fawziyah was two or three years old,

I was an early teenager.

I used to babysit Fawziyah a lot when her parents were working.

She used to come here, play with us in the back street.

We used to play with her toys.

I used to hold her hand, walk around the garden with her.

Lots of happy memories here.

She used to hold on to my little finger,

"Uncle, I want some sweets."

So, we'd go there and, you know,

Fawziyah was a big part of the...

..big part of the community.

I weren't aware of the, of the details that are emerging,

it's a big shock.

Big shock to us.

Just really upsetting that we weren't there to do anything,

because we didn't know it was happening.

I remember Fawziyah sent me a text message after she got married.

She wrote "Salams, I hope you're well inshallah,

just wanted to say thank you very much for the wedding money."

And I wrote back the next day,

"Wa alaikum Salam, I hope you're well

"and settling down with your new family.

"Remember, life never goes according to plan,

"it's like a roller-coaster.

"Don't be coming home and moaning about little things

"to your mum and dad, instead work at your marriage

"and give and take and compromise.

"But I want you to remember one thing.

"Until...until my last day of breath,

"your Maamu is and will be always here for you."

I-I-I blame myself.

For writing that, saying,

"Don't be coming home for little things."

Maybe that was what stopped her from telling me.

JUDGE: Will there be questions, Mr Duguid?

Mrs Javed, I just have a few questions for you.

Would I be right in thinking that after the calls,

which we heard,

she went back to live with her husband Kashif Anwar, is that right?

That's right.

And when it got to their visit to Edinburgh,

do you know what it was intended for?

Just a break to get away.

Were they hoping that perhaps their relationship

would be improved after the break?

There was no mention of that whatsoever.

Did you realise that they'd come up,

stayed in a hotel,

taken a day trip to a place called Loch Ness?

Yeah.

And did she say anything about the trip?

She just said it was very tiring.

TANNOY: Adult life jackets are stored under...

Did she say anything about having enjoyed the trip or not?

You know, since this horrific incident,

I can't recall a lot of information.

OK.

Did you find out that they had booked to go for afternoon tea

at the Balmoral Hotel?

Yeah. I knew that.

So, did it ever cross your mind that their trip to Edinburgh

might be some kind of effort on each of their parts

to try and sort of their differences and go ahead as a married couple?

Did that ever cross your mind?

Cert, no certainly wasn't the intention of Fawziyah.

I can't say for the accused, but definitely not Fawziyah.

So the fact that if they had a good time in each other's company,

visited various locations,

does that surprise you?

The words that Fawziyah used to me were,

"I'm buying my time, I know what I'm doing."

So she was putting on a front,

doing what she had to do, to leave the accused.

But I-I saw that you gave a very long interview

or a very long statement to the police

on the 8th of September 2021.

So, five days after you heard about her death on the 3rd. Yeah.

Is there a reason why you hadn't mentioned to the police

that you'd spoken with your daughter

and that was going to be her intention?

Well, bearing in mind

I'd just had this shocking devastating news

that I've lost my only child in horrific circumstances,

so my head was all over the place.

And you putting that to me,

I can't even remember whether I said that or not.

Well, please don't think I want to put you at any kind of disadvantage,

but there is a...

..something like 23 pages of typewritten script

of what you had said at that time.

And it just occurred to me that

nothing like that was mentioned to the police.

That would be of some significance, though, wouldn't it?

That after what was intended to be a break,

that she was going to leave him?

My head was all over the place.

I fainted twice after giving that statement,

so I can't even remember what I said.

So it comes as a bit of a surprise, you putting that question to me.

I thought I had said it.

Thank you very much.

Right, you're free to go, thank you very much.

Thank you so much.

If the public gallery is full of relatives,

of course you're conscious of that.

But it doesn't change anything for you as a defence counsel.

The people in the gallery may not like

the inquiry that's being made,

but you can't ever think, "I can't ask that question."

That wouldn't ever happen.

So we'll stop there for today.

Can I ask you please to be back for ten tomorrow.

See you then, thank you.

It was tough, it feels like a blur.

Yeah, I can't even remember my responses.

I did what I had to do.

She obviously found some things difficult to remember,

but that's understandable.

To stand on a witness box and then face a jury, lawyers,

and then you add the grief of the case itself.

That took great courage.

But you never know what view the jury take.

NEWSREEL: Yasmin Javed, seen here on the left,

said she started to worry about her daughter, Fawziyah,

a few months after she married Kashif Anwar.

She told her son-in-law's murder trial

he'd been abusive, controlling...

JUDGE: In the High Court of Judiciary, Court number one,

His Majesty's advocate against Kashif Anwar. Court.

SOLICITOR: The members of the jury have heard evidence from

Fawziyah's mother about the nature of the abusive relationship.

CLERK: Court.

However, the jury cannot convict on that evidence alone.

Advocate Depute?

Thank you, my Lord, the next witness is Police Constable Sarah Joyce.

I want to show the jury independent evidence.

This is someone who has no connection to the accused

or the family,

and that is capable of supporting the evidence.

On Friday the 30th of April 2021,

were you requested to attend at a location at 21.39 hours that day?

Yes. And what was the nature of that work?

Um, it was a priority call from

a victim's mum stating that her daughter

had come to stay with her away from her husband,

and that there was controlling and coercive behaviour happening.

Would I be right in saying that your body camera recorded all of that,

is that correct? It did, yes.

Hiya, are you all right? Yes, thank you, yourself?

Good, yeah, very well thank you. You all right if we sit down?

Yeah, of course, yeah.

Thanks very much. So I think your mum called us.

Yes. Just with regards to, is it a husband? Yes.

Right. OK, what's gone on?

First of all, he's definitely not going to find out, is he?

It's up to you whether you say,

"Look, I just want to report this,

"and I don't want police to take action."

OK, so is this the first time, like,

you've come to mum's and you've gone, "Actually..." Yes.

"..I need a bit of time to think." Yeah, yes, yes.

OK, how long have you guys been together?

Four months, OK, well, look,

if it's not working, it's not working, OK?

Has he ever... Has he ever assaulted you?

Has he ever laid a hand on you?

Can I just say,

somebody putting a pillow over your face is one thing,

someone then punching that pillow is another thing.

Doesn't matter who's done it, that's assault.

However, because it's your husband, that's domestic assault.

And, you know, I think we're both sat here saying

that is definitely not acceptable.

Did Fawziyah want any police action to be taken on this occasion?

No, she just wanted it logged.

Thank you very much.

JUDGE: Mr Duguid?

I just wanted to clarify the last matter you were asked.

So she wanted the police to log the information

into some kind of system, is that right?

Yes. Well, to be exact,

it was her mother who had made the call to the police, is that right?

Correct. And I think her mother had some contributions

to what was being said to you as well. Is that so?

I-I think a few, yes.

OK.

But when it came to the end of the process,

she had signed to say that she didn't want

a prosecution to follow, is that right?

Yes.

As a defence lawyer,

you're not always standing up to cross examine a witness

to undermine them.

Thank you very much.

Sometimes you want the information that

the prosecution witness has given,

you want it and you want to emphasise it.

The prosecutor might think it has no relevance at all,

but you want the jury to have a part of that

in the forefront of their minds.

Kashif's always been a good lad.

I've known Kashif to be very outspoken, very loud.

But as outspoken and loud Kashif is,

is how humble and down to earth Kashif is.

Kashif did have issues within his marriage,

but those issues, when you have two people of strong character,

bearing in mind she was a solicitor,

so she had a strong opinion.

So, it wasn't very easy for them to actually get along with each other.

In regards to the evidence that's actually been produced,

it's all about marital issues,

having ups and downs, and the question that the prosecution

hasn't actually put forward is,

"Did the murder actually take place?"

rather than all the focus has been on Kashif's character.

But his character doesn't suggest that he is able

to do any physical harm, yet alone commit murder.

After the police left, I said to Fawziyah,

"Look, just leave him, come home."

That's all I wanted her to do.

But Fawziyah wanted to get the money back that he'd stolen from her.

So, she went back to him.

At that time, she was very, very cautious

as to what she was telling us

and could tell she was holding stuff back.

Hello.

How are you? Very well, sir. How you doing? Nice shirt.

THEY SPEAK PUNJABI

Oh, come here, man, come here.

No, no, it's fine, it's fine, man. I wanted to tell you myself.

She just says, "Ah, I've got something to tell you."

And she was really happy,

and she says "Oh, I'm pregnant."

And I was, I-I was really happy.

And I hugged her.

PRODUCER: And did she feel that she was going to try

and make a go of it at that point?

Um...

I guess...that was the case.

Yeah.

But me and my husband could tell that things were not right.

Yes, Advocate Depute, who's next, please?

My Lord, the next witness is Crown witness number seven.

On the 23rd of August 2021,

were you within the antenatal ward at Leeds General Infirmary?

Yes, I was.

Were you aware of the lady in the bed next to you having visitors?

Her husband, yes. Husband, right.

Do you recall hearing a conversation at all?

I did. Tell us about that, please?

Erm, so it was when the midwives were all on the changeover,

so there was not really many staff around.

And I could hear him repeatedly calling her a bitch

and erm repeatedly saying that he should never have married her,

he wish he'd never married her.

And that if...

..if one of them died during childbirth,

that would be good.

"If one of them died, that would be good?"

Yeah, "That would be good."

Because they would be free of one another.

He said that she brought out this side of him.

I was really scared.

Everybody within that ward

was there because they were pregnant,

everyone was there in a vulnerable place.

And I was really, really worried for her safety.

All right, thank you very much.

Mr Duguid?

I've no questions for this witness, my Lord.

Right, that means you've finished giving your evidence

and you're free to go, thank you very much. Thank you.

Fawziyah told us about the incident at the hospital.

And I invited the parents over to tell them what had gone on.

And I tried to discuss it with them,

but the father was more bothered about, uh,

the police not getting involved.

Fawziyah said she hadn't contacted the police,

and he was, "Thank goodness for that,

"I've got my reputation to think about."

He wasn't bothered about Fawziyah's safety whatsoever.

So I was thinking,

if they're like this to us,

what must they be like to Fawziyah when she's on her own?

I was in unknown territory,

out of my depth with it all.

The police gave me some support numbers.

Hello, Karma Nirvana, how can I help?

And Karma Nirvana was one of them.

So, I'd contacted them in May 2021.

I spoke about the parents and spoke about him,

the way they were behaving towards Fawziyah.

And I was shocked when they actually turned round to me

and they went, "This is honour based abuse."

This was the log from the call,

and Yasmin disclosed that

Fawziyah is experiencing domestic abuse

and that Fawziyah's husband is controlling,

and he's not allowing her to speak to her own family.

He's stolen her money and he prevents her from looking good

or going to the hairdressers.

From our perspective,

this was quite clearly honour based

because the abuse that she endured in that household,

was for the purpose of upholding honour.

Fawziyah was that you can't divorce,

shame was a prevalent factor.

And Fawziyah was expected to dress

and behave in a particular way,

which isn't how she used to dress and behave

prior to marrying into this family.

So, quite clearly there was an honour dynamic

that made it more difficult for Fawziyah to get help.

And we provided support to Yasmin.

In some cultures, there is a concept known as honour based killing,

in other words, shame is brought on the family

and that death is seen as

a method of resolving that matter.

Consideration was given in this case as to whether

an expert on the concept of honour based killing should give evidence,

but that's relevant for motive.

The Crown never has to prove a motive.

Clearly, the Crown have got a job,

which is to prove that he pushed Fawziyah off Arthur's Seat.

For the purposes of the trial,

honour based abuse doesn't necessarily need to be used.

Because you don't want to risk confusing the jury

who might be unfamiliar with what honour based abuse is.

I want to show the jury that the violence was escalating

in its nature just days before they travel to Edinburgh.

CLERK: Court.

We have CCTV footage

and I will also have a completely independent witness to the events.

I'm going to put on the screen label seven entitled CCTV Owlcotes Road.

Now, do you recognise that person?

The lady, yeah. That's the lady, yeah? Yes, it is, yeah.

How was she, the lady that you saw?

Distressed.

She just broke down crying,

she-she just cried.

I did say to her to phone the police, and she said, no,

she was going to get a car and go to her mum's house.

Did another car appear on the scene?

Yeah, it was a male that got out, and she said,

"Oh, no, it's his dad that's come to take me,

"I don't want to go."

I said you don't need to go, I'll take you,

and she said "No." And she got in the car and she went.

All right, thank you.

I just found it very emotional.

Distressing.

I know, Yasmin.

Yeah.

You've been so incredibly strong throughout this whole thing.

It's difficult. It is.

I wish I was just there for her, you know,

somehow bumped into her by coincidence.

And then I'd find out, then I would stick with her like glue.

Did you notice that the car that came?

That was his dad. So, he knew.

He can't say he didn't know anything.

After the incident where he was trying to drag her into the car,

Fawziyah said, "I'm going to leave him."

His behaviour was just absolutely horrifying.

LINE RINGS

So, she contacted divorce lawyer.

PHONE: So what I will do,

is I'm just gonna put just a little bit in the message...

Nobody knew what was going on

apart from Fawziyah and me and her father.

We were like, once we get Fawziyah safely home, we'll tell my family.

There's no need to tell anybody now.

Because this could escalate.

I wanted Fawziyah to come home then and there.

But there was a problem.

The perpetrator's family had organised a Walima party,

which is a wedding party thrown by the groom's side.

Fawziyah was all about putting other people first.

And she wanted to cause as minimal damage as possible.

And she said, "Let me get this over and done with

"and then I'm going to leave him."

Fawziyah had a smile on her face,

but me being Fawziyah's mother,

I could tell that she was very unhappy

and she was putting on a front.

After the Walima party, they were going to Edinburgh on a break.

Obviously I didn't want Fawziyah to go to Edinburgh,

but she was adamant.

It was like, "I know what I'm doing, I've got this, Mum."

And she said, "In five days' time, I'll be back home for good.

The plan was that they were coming back on the Saturday,

which was Fawziyah's birthday,

and she was going to say to him,

"I'm gonna go home cos my mum's got some presents for me."

And then she wasn't gonna go back.

That was the plan.

Fawziyah was going to come home

and we were going to celebrate together.

My Lord, the next evidence was given on commission.

That's the legal name for it, but all it is,

it's a pretrial recording of evidence, OK?

I'm going to lead evidence from an American tourist who

was in the same hotel as Fawziyah and the accused

the day before the events on Arthur's Seat.

Please describe what you heard?

The evening of the 1st, we had heard a loud disagreement

going on in the room adjacent to us.

Was it something that sounded like an argument?

It was a very loud,

intense argument from a male and a female,

at least male and female voices.

What time would you say this disturbance took place?

I'd say approximately eight o'clock pm.

All right. Thank you very much.

I just have a few questions to ask you.

Could you tell what the argument was about?

I have no idea.

Could you make out the language that was being used?

My only assumption was it was may not have been English

because I couldn't pick out any specific words or expletives

in the argument.

OK, so it's raised voices, but the subject matter,

you don't know what that would be

and exact words you couldn't make out, is that correct?

That's correct.

You described it as occurring around 8pm?

Could you be perhaps mistaken about the time?

Because there is some CCTV footage which recorded

the people in the adjacent room coming into the hotel

at about five minutes to nine o'clock.

So, that would place,

perhaps what you heard at eight o'clock,

not having occurred with the individuals in the adjacent room?

I-I mean I don't, I don't time stamp when I return after dinner.

But I would assume that it'll be about eight o'clock.

But it certainly could have been nine.

All right, thanks very much, I don't have any further questions.

I wanted the jury to understand the state of the relationship.

But when you decide to call a witness,

things will not always go well,

you just have to learn to not get too flustered about it.

But now I will go back and lead evidence about

the events which give rise to the murder charge.

That day I had spoken to her about two o'clock in the afternoon.

Just ask how she was doing.

And she was saying fine.

That evening I sent her text messages.

And she went, "We're going to go for a short walk."

Because she was pregnant,

I thought "Oh, a short walk,

"that's probably near the hotel near the shops."

I asked her, "Have you eaten?"

And she said "Yes, I went to Wagamama's."

Advocate Depute.

Next witness is Crown witness number 90, Emma Todd.

I want to show the jury how Fawziyah

and the accused were behaving on the way to Arthur's Seat,

so I'm going to call the CCTV coordinator who was on the case.

I'm going to start with the item 31,

Waverley Station.

Now I've paused it,

and you see two people at Waverley Station

steps leading down into the station, is that correct?

That's correct, yeah.

Yeah. And who, are they?

That is Kashif Anwar and that is Fawziyah Javed.

Does Mr Anwar appear to have something in his hand?

It appears to be something similar to a mobile phone, yes.

Right.

Again, does Mr Anwar appear to have something in his hand?

Yes, it appears to be a mobile phone again.

OK.

Would it be fair to say within the sequence of really a few minutes,

the device or whatever it is,

is being accessed on several occasions? Yes.

All right, thank you very much.

Mr Duguid?

The footage we've been looking at so far

has depicted the two people walking arm in arm.

Have I picked that up correctly?

It would appear to be, yeah. OK.

Almost all the way, they are closely in each other's company,

physically close to each other.

Certainly, arm in arm for a lot of it. Mm.

Now when it got to the point of being outside the parliament,

the lady had the telephone,

because she so obviously was taking some photographs herself.

Is that right? Yes.

And as she walked off to join him, she has the phone?

Yes. Is that right?

So, it looked as if she had caught up with him,

put her arm into his arm.

And then taken her arm out of his arm and done something.

Do you know if she was putting her phone in her bag?

She might have been, I don't know.

I can't, I can't really tell from that, to be honest.

Does that mean that you weren't really looking at it that closely?

No, I'm looking at it closely.

But it's hard to tell from a distance like that.

No, please don't think I'm trying to criticise you,

I'm just asking you about the detail here.

You were asked a number of questions about his having the phone,

but she quite obviously ends up with the phone outside

the Parliament Building. She certainly does at the front,

but I cannot tell from there what she does with the phone there.

I could never say for certain.

The last person who's noticeably got the phone

is the lady herself. Is that correct?

That's what I saw, yeah.

Thank you very much.

Once they leave the Scottish Parliament,

there's no CCTV cover of the route that they took.

So, consequently there's no evidence at all

of how they were as they ascended Arthur's Seat.

Later on that evening,

I sent her a message asking her how was your walk.

And she didn't answer.

I got worried but then I thought,

"Well, she's pregnant, she's probably really tired

"and she's probably gone to sleep."

And I thought, well, as soon as I wake up in the morning,

I'll ring her.

The next day, about five o'clock in the morning,

there was a knock on the door.

Did you ask him if he had a telephone?

He said that he didn't have his phone on him.

And how was he?

In my opinion, seemed calm.

Domestic violence has no place in Islam.

Naturally your body just fills with rage.

Who received this call?

It was Kashif Anwar's father.

You're not being asked to find him guilty

of being a horrible nasty guy,

you're being asked to decide whether he has committed a murder.

I'm just like, "Oh, I hope he doesn't get acquitted."

She was writhing in pain,

but she was able to speak to me when I asked her questions.

Did you ask her what had happened?

I did, yes.

This is her shirt from Gateways when she left.

And all her friends signed it.

"Gonna miss you and your pointy shoes."

"Love and kisses."

This is the teddy bear.

It says, "To Fawziyah.

"Life will be sweet once more.

"Inshallah, love Mum and Dad."

That was when I was thinking she's coming home for good.

Fawziyah had made up her mind that, when she came back from Edinburgh,

she was going to start divorce proceedings and divorce him.

She was going to come back to our house,

have the baby in a safe environment,

and be away from him.

That was the plan.

But he always said, "You're never going to leave me.

"That's never going to happen".

So, I had the CCTV cameras installed

because I knew that once Fawziyah left him,

he wasn't going to leave it at that.

But who thinks that somebody's going to do something

so horrific, like this?

Court.

Did you hear anything out of the ordinary?

WITNESS: I heard a female screaming.

And then I heard a male screaming.

Kashif's always been a good lad.

Kashif is a very, very good, genuine guy.

NEWSREADER: A man accused of murdering his pregnant wife

by pushing her Arthur's Seat had

a history of controlling and abusive behaviour.

BARRISTER: Were they hoping their relationship would be improved

after this trip to Edinburgh?

No, she had plans in place to leave the accused.

BARRISTER: Does Mr Anwar have something in his hand?

Something similar to a mobile phone, yes.

The last person who's noticeably got the phone is the lady herself.

FAWZIYAH: Kash, you're a horrible person!

If you love someone,

you don't make them feel the way that you make me feel!

I've been a lawyer a long time now,

and it's immensely satisfying work.

But when you're in a trial,

it's hard, it's a grind.

And while, privately, these cases can be

quite disturbing and upsetting,

we don't show that,

and we don't allow that to be revealed in the court.

Scotland has an excellent system

whereby, no matter your wealth,

you can still be defended by the best lawyers.

Accused persons deserve the best representation,

and justice has to be done in the courts. It's fundamental.

We have set out the background of abuse which occurred in England,

but ultimately the jury will not be returning a verdict

on the events in England.

Court.

The key issue is what happened in Scotland.

So, today, I'm going to call a witness

who was walking on Arthur's Seat that night.

Her evidence could be crucial in this case.

On the 2nd of September, 2021,

did you go for a walk on Arthur's Seat?

Yes. What time did you leave your home?

I think it was around quarter past eight, in the evening.

Did you reach the top?

Yes.

As you made your way down, did you hear anything?

I heard someone behind me shout, "Sir!"

Did you turn round to see who it was?

Yes. I saw a man who was standing

in a sort of elevated space behind me,

and he started running towards me.

How was he, in his demeanour?

He seemed really panicked.

He said that he needed help coming down

because he couldn't see, and that his wife had fallen.

I asked him where she'd fallen,

and he said that he couldn't remember,

and it happened in a flash.

I think he asked me if I had a phone,

and I said that it died.

He said that he didn't have is phone on him,

and that the phones were with his wife.

He started shouting, "Fawziyah, where are you?"

And then I started shouting her name, as well.

At some point, he said, "She's pregnant."

And I was really shocked.

Why were you shocked?

I felt like if he was really, really scared

that he would have said something

about her being pregnant at the start.

It sort of just seemed like it just came out of the blue.

Did you locate someone who had a telephone?

Yes.

I saw two people,

and he quickly began to run towards them.

RINGING TONE:

I went up the hill a bit,

so maybe I could yell her name and she could hear me.

He also tried to come up the hill, as well,

but he wasn't able to.

Why was the-the man not able to come up the hill?

I think he was slipping.

I'm just going to put on the screen Production 99.

Am I right in saying that you would come from left to right,

up towards that area?

Yes.

But you'll see there are two arrows.

The lady was found where the red is positioned.

So...

..did you reach the lady?

Yes.

Was she alive?

Yes.

Did you try to alert the man you've identified

as to the fact that you had discovered his wife?

Yes. I yelled, saying, "I've found her!"

And he yelled back, asking if she was bleeding.

Did the lady then hear this exchange -

you shouting to the man and the man shouting back?

Yes.

What was her reaction to that?

She told me not to let her husband near her,

and that he had pushed her.

Do you recall exactly what she said?

She said, the first time, "Don't let my husband near me, he pushed me."

I was very surprised, and I said, "He pushed you?"

And then she said, "I think so. I can't remember."

Now, will there be questions, Mr Duguid?

Now, when you were on the hill, you...

I think, noticed what he, the gentlemen, had on his feet.

Is that correct?

Yes. He had Converse shoes on.

Now, I think you said that, when he was coming towards you,

he himself was slipping, is that right?

Yes. But I was also wearing worn Converse shoes,

and I wasn't slipping.

Yeah. Well, I wasn't asking you about yourself. OK.

Um, I was asking you about him. Was he slipping?

Yes, he was.

So you were managing the terrain much better than he was?

Yes.

Now you described him as,

was it "panicked"?

Is that the word you used?

Yes.

He was in a panic?

Yes.

The police had noted you as saying, "I think he's pushed me."

Is that what she said?

Yes, but after that, she was adamant

that he'd pushed her, after that.

OK.

And when you challenged her,

she said, "I think so. I can't remember."

Yes. Is that correct? Yes.

All right. Thank you.

Right. That's no more questions.

Um, can I just commend you for your bravery and humanity

in what you tried to do. Thank you.

Thank you.

The young girl who actually has come, and great courage she's given,

to actually say she found Fawziyah at Arthur's Seat,

and Fawziyah told her that, "He's pushed me." Yeah.

You know, it was very hard to sort of digest that, you know?

Yes. She's a wonderful girl.

It's very fitting that the judge commended the...the girl.

Yes. Excellent.

It's up to the jury to decide.

It's not for me to decide what to make of it,

but all the various component parts are there.

How she managed

to give her accounts of events,

it's a miracle.

I believe the angels came

and woke her up.

I didn't know that Fawziyah said those things.

That was really upsetting.

It angered me so much, that did.

I am extremely angry.

QUIET PRAYING

Praying helps me cope.

It's our belief that when a person passes away,

we pray for them, and they are rewarded in the next life.

PRAYERS RECITED

To listen to a lot of the details,

and then the perpetrator's sat in front of you,

and you can't do anything.

Naturally, your body just fills with rage.

But kicking and screaming,

it's not what Fawziyah would have wanted.

So, you have to stay calm

and make sure that justice gets done.

Now, the next witness is giving evidence by a TV link.

Good afternoon, can you see and hear?

I can indeed, yeah.

Now, you are Police Constable Rhiannon Clutton, is that correct?

That is correct.

Were you instructed

to attend at Arthur's Seat in relation to

a female who had apparently fallen from the hill?

That's correct.

Did you locate the lady who had fallen?

I did. Yes.

Describe how she was?

She was amongst gorse bushes.

It was a very steep incline, approximately 45 degrees.

Her shoes had come off,

her head was facing towards the summit,

her feet were facing down the hill.

She had an injury,

an obvious injury to her head,

and she was writhing in pain,

but she was able to speak to me when I asked her questions.

Did you ask her what had happened?

I did, yes.

What was her response?

She said, "He pushed me."

COURT ATTENDEES MURMUR

I asked her who had pushed her,

and she said, "My husband, because I tried to end it."

I clarified whether she meant end her life

or end her relationship,

and she stated, "My relationship."

Did you ask her about a phone?

Yes. I asked her where her phone was

and she stated, "He's got it. He's taken it from me."

She asked me why he was like that,

why he treated her like that.

She asked me if she was going to die,

and she asked me if her baby was going to die.

And it wasn't until the fire service had arrived

that she'd become unresponsive.

When she became unresponsive, what did you do?

I started chest compressions.

Did there come a point

when further treatment would not be of any benefit?

That's correct, yes.

And at 2218 hours, was life pronounced extinct?

That's correct, yes.

Thank you.

There was a knock on the door

about five o'clock in the morning, the next day.

And I thought, "This is going to be bad news."

Yeah, I knew it was bad news.

Absolutely horrific.

I heard some loud screaming going downstairs.

There was no question of when you roll over and open your eyes,

and think, "What's going on here?" I just jumped out of bed.

I could see my mum.

She looked at me.

She says, "It's Fawziyah."

"She's died."

I said, "What are you saying, Mum?

"How? What happened to her?"

And then I says, "It's him, isn't it?

"He's killed her, hasn't he?"

Part of me just wanted to reject the idea so badly.

I just wanted her back.

FAWZIYAH: Oh, God! I'm going to need to go to the toilet, all right?

OK. Catch you later.

I'm stuck!

FAWZIYAH LAUGHS OK, bye, bye, bye!

I think we might be getting chucked out

cos we're spending way too long here.

Oh, my God! Where did you come from?

Her laugh was just contagious.

You couldn't help but laugh with her.

Whoa! What is this?

FAWZIYAH LAUGHS

Yay! Even though it didn't go down there.

Wahhh!

Fawziyah was an angel on earth.

Perfect in every way.

She did voluntary work for the orphans,

she mentored vulnerable children.

She gave so much to society...

..and had so many plans for the future.

And we've been robbed.

You know.

Thanks.

The members of the jury have heard evidence

of what Fawziyah said on Arthur's Seat.

And now we're going to hear

evidence of the accused reaction and comments.

Now, who's next, please, Advocate Depute?

Number 48 on the Crown list, Sean Stratford.

What I'm seeking to do is try

and demonstrate to the jury the state of mind of the accused,

which I say was to kill his wife.

Right. Good morning.

Would you raise your right hand, please? I swear by Almighty God...

I swear by Almighty God...

..that I will tell the truth...

..that I will tell the truth... ..the whole truth... ..the whole truth...

..and nothing but the truth. ..and nothing but the truth. Yes. Thank you.

Advocate Depute.

Thank you, My Lord.

Are you Sean Stratford?

Yes, I am.

And are you a firefighter?

Yes, I am.

On arrival at Arthur's Seat,

did you meet anyone who appeared

to be related in some way to the injured party?

Yes, it was a gentleman came over, said that,

if I recall correctly, he'd stood up,

they'd stood up to take a selfie,

he'd slipped and bumped her, and she'd fallen off.

Right, and how, was he?

He seemed very...

In my opinion, seemed calm.

All right. Thank you.

Mr Duguid?

Now, you had a verbal exchange with a man,

and I think you said he seemed calm. Yes, sir.

So, I want to ask you to listen to a recording, then. Production 45.

All right. So, when you described him as quite calm,

is this just the same as how he's speaking in this recording?

No. But like I say, that was just in my opinion when we got there, sir.

OK, so I appreciate it was your opinion,

but I was trying to work out whether

the man in this recording sounded the same

as the man you spoke to when you spoke to him.

No.

All right, thank you.

Advocate Depute?

Did you hear any reference to a selfie in that exchange,

in the one we just played?

No, I didn't.

Thank you.

Could you raise your right hand, please? I swear by Almighty God...

I swear by Almighty God...

The jury will hear from a police officer who escorted the accused

from Arthur's Seat to a police station.

I arrived with Mr Anwar at the Gayfield Police Station,

and then I was instructed to inform him that his wife had died,

and take the statement, if he was in a suitable place

to have the statement taken.

I'd like you to read this for us slowly, please?

"Me and my wife Fawziyah Javed have been in Edinburgh

"for a mini-moon.

"I think we were at Wagamama's around six o'clock.

"We then put Arthur's Seat into the maps on our phone

"and walked through the train station.

"I reckon we arrived at the bottom of Arthur's Seat

around seven, half seven.

"It took us a while to get to the top...

"..but we eventually got there.

"When we got to the top, we took some pictures.

"We'd gone there to see the sunset,

"but we had just missed it.

"We decided we were going home,

"so we started to look for a way down.

"We were both walking,

"I was to the right and she was to my left.

"I lost my balance and fell on to her

"which caused her to lose her balance.

"I heard her go over the edge

"and say, 'Oh, shit! My foot!'

"And she started screaming.

"I heard a thud.

"I kept shouting her name, but I wasn't getting any response."

Once that statement was taken,

were you aware of developments with regard to this inquiry?

Yes, so the statement was to stop,

as Mr Anwar was about to be arrested.

What was he to be arrested for?

For murder.

Was he searched?

He was, yes.

Was a telephone recovered from him?

There was, yes.

He said it belonged to his wife.

Belonged to his wife?

Yes.

In the time that I've been in the police,

I would say that the worst accident I've heard of on Arthur's Seat is

someone breaking a bone.

People don't fall from it.

They don't. So...

And I think it would be fair to say

that, from the outset,

I was suspicious that it had been an accident.

But, at the same time, maintaining an open mind

that potentially this has been a tragic accident.

When I began my shift for that morning,

I was literally told there is a woman

that's fallen off Arthur's Seat,

she has succumbed to those injuries,

and we have information that suggests her husband has pushed her.

Where Fawziyah was found was off any normal walking route.

It was within gorse, it was overgrown,

it was a difficult area to reach.

It would be something that hill walkers probably wouldn't

try to reach, given the sheer terrain and the slope involved.

We used the Police Service of Scotland's Mountain Rescue officers

to assist with finding any evidence that we could from Fawziyah,

and, indeed, getting her back down from Arthur's Seat

in a way that caused the least distress to the family

and to the wider public, who would, no doubt,

have been passing by at that time.

Forensically, it was going to be very difficult to prove

what Fawziyah had said had happened,

because of the injuries she'd sustained.

There was never going to be the opportunity

to show any injuries caused by Kashif pushing her from the hill.

The only people that truly knew

what had happened were Fawziyah and Kashif.

Could you raise your right hand, please?

Detective Constable Caballero

conducted an interview with Mr Anwar.

Do you see there a photograph of Mr Anwar?

Yes, I do.

At 2250 hours,

did you then proceed to interview the accused under caution?

Yes, I did.

Should we understand that a person

in the position of Mr Anwar has a legal right

to decline to answer questions,

and, with very few exceptions, he exercised that right

and made no comment?

That is correct, yes. Thank you.

Was he charged with murder shortly after that?

Yes.

When we got to the charge bit,

he asked if he would be getting bail on Monday.

And then he followed up by saying,

"Probably not. Not for murder."

He then began to ask about Edinburgh prisons,

asking how many years I reckoned that he would get.

He then said, "Double figures.

"Maybe 15 to 20 years,

"that's a long time."

He said, "My life is ruined now."

And asked if this would get media attention.

All these comments were made without any response from myself.

Thank you.

Now, if I understand correctly,

for about an hour,

you had been interviewing Mr Anwar

while he was under caution.

And the start of the interview, you said,

"What can you tell me about the murder of Fawziyah Javed

"on the 2nd of September, 2021?"

How did you know she was murdered?

We'd information that she had passed away,

and the officers at the scene had been told

that she may have been pushed by her husband.

Mm. But I'm asking you, how did you know she was murdered?

You've asked the question,

"What do you know about the murder of Fawziyah Javed?"

She had apparently spoken to someone saying she'd been pushed.

But he had spoken to someone saying she'd fallen in an accident.

Yes.

So, you did have information

suggesting that he had fallen himself and caused her to fall?

Yes.

And you go on to say, "We're trying to establish what exactly happened."

That's what you say to him, isn't it?

But in actual fact, you've told him that it's a murder.

Yes. That's correct, isn't it?

So, you're not that much interested

in what actually happened, then, are you?

No, we absolutely are.

And then he says, "I've been treated like a criminal, though."

He was being treated like a criminal, wasn't he?

That was his opinion.

He was going to get charged with murder no matter what he said.

Thank you.

Right, there are no more questions,

so that's your evidence finished and you're free to go, thank you.

Thank you.

The entire crux of the case

rests on whether Kashif Anwar pushed his wife from Arthur's Seat,

or whether - as he said - he slipped, bumped into her

and she fell from Arthur's Seat.

There's that possibility that Fawziyah thought she'd been pushed

and that Kashif had slipped into the back of her

and she felt like she was pushed,

but in actual fact, how could we ever prove that she has been pushed?

And that's a real concern.

It was the 4th of September, Fawziyah's birthday.

A few of my family members went to Edinburgh

to go identify Fawziyah at a mortuary.

While I should have been celebrating with her -

you know, family get-together, giggling, laughing, joking -

there she was lying in the mortuary.

Never in a million years did I think this is going to happen.

To turn up on her birthday, that was the hardest part to accept.

The longer that the trial goes on, the more I'm worried about

how Fawziyah's family are coping with this.

Coming face-to-face with Kashif Anwar's family and friends

has been really difficult for them.

In the family's eyes, yes, we've got Kashif Anwar up there being tried

for murder, but there are other people who have enabled things

to get to where they got to in that relationship.

Understandably, you know,

tensions between the families are running very high.

For some of Yasmin's family, it's been very difficult

to contain that anger and that rage that they feel.

To see his mother waving at him in the public gallery

and blowing kisses at him, you know, it's absolutely disgraceful.

You know, your son's charged for murder and you've showed no remorse.

Yes, who's next, please? Thank you, My Lord.

Next witness is Crown witness 103 in the Crown list, Sabeen Rashid.

Very quickly after the investigation commenced,

we learned that Kashif had lost his phone at York train station

when travelling towards Edinburgh.

So, we realised that the phone that was recovered from Kashif

was Fawziyah's mobile phone.

Sabeen Rashid had the huge job of interrogating Fawziyah's phone.

Are you Sabeen Rashid?

Yes.

When you examined the mobile phone attributed to Fawziyah Javed,

were a number of images detected?

That's correct.

We understand those to be Fawziyah Javed and Kashif Anwar?

Yes.

This was the last photograph featuring Javed and Anwar,

is that correct? That's correct.

In examining calls on the device,

at any time were the emergency services number 999 called?

No.

Kashif maintained that he had forgot he had the phone in that panic.

However, shortly before, he'd been taking selfies of him

and Fawziyah on the top of the hill minutes before she fell.

The first thing anyone does when there's a terrible accident

is phone 999.

At 21:19:44, here's a voice call using Fawziyah Javed's handset?

Yes.

DIALLING TONE

It became even more concerning when I found out through Sabeen

that he had made a telephone call on that phone

before police had arrived.

AUTOMATED VOICE: I'm sorry, but the person you've called is not available.

The duration of that was only six seconds?

Yes.

What was the device which received this call?

It was the number attributed to Mohammed Javed.

So, there's a call for six seconds with the father of Fawziyah Javed?

Yes, that's right.

And at 21:20:09, again a voice call, is that correct?

That's right.

This time, the duration is one minute, is that correct?

That's correct.

DIALLING TONE

Who was the recipient?

So, the number dialled was a number attributed to Mohammad Khan.

And Mohammad Khan, you understood, was...?

It was Kashif Anwar's father.

In my opinion, after the actual incident,

Kashif realised he'd phoned the wrong number -

because it was Fawziyah's phone -

and he was phoning Fawziyah's dad rather than his own,

and hung up the phone.

So, then, immediately after that, phoned his own father.

We don't know what was said there, but it was a minute-long call,

and Kashif has then hung up from that call

and placed the phone back in his pocket

and not told the police anything about that call.

Mr Duguid?

No questions, thank you. Right, that's your evidence finished.

You're free to go, thank you. Thank you.

He didn't ring the emergency services,

he rang his father.

That's not normal behaviour.

His father didn't even bother contacting us.

We found out the next day

when the police came knocking on our door at 5.00 in the morning.

Can you imagine somebody knew what had happened to your daughter,

and they didn't even tell you?

His parents have never said how heartbroken they are,

they've never showed any remorse.

In fact, they've just added to our pain.

My Lord, I formally close the Crown case.

So, members of the jury,

you've heard all the evidence for the prosecution. Now, Mr Duguid?

My Lord, at this stage, I'd ask to move Your Lordship

to adjourn the proceedings until 10 o'clock tomorrow morning.

All right, members of the jury will adjourn. Court.

It's now for the defence to decide what they wish to do.

An accused can elect to give evidence or not give evidence.

The defence appears to be that this was an accident

rather than a deliberate push.

So, I would anticipate that he will give evidence tomorrow morning.

What time is it? It's only ten past.

He could take the stand, so let's see.

I think he will take the stand because obviously it's a...

Yeah.

I'd like to see the prosecution rip him apart.

PHONE RINGS Taxi's here.

I'm not interested in anything he has to say

because it's going to be lies anyway. Makes no difference.

This is just a procedure we have to go through.

I don't know what's going to happen this morning.

If the accused does give evidence,

then I'm ready to go if that's required at 10 o'clock.

Right, we had reached the end of the Crown case,

so I'll now ask Mr Duguid what's to happen next. Mr Duguid?

Lord, the accused elects not to give evidence

nor to lead any defence evidence.

Right.

INAUDIBLE

That is the close of evidence for the accused.

All right, so that means there will be no more evidence in the trial

and there will now be speeches.

I had the feeling he wasn't going to take the stand. Yeah.

I had a feeling. I thought, He's going to bottle it,

"right at the end, he's going to bottle it,"

cos he's had control right up until now.

Coward. Yeah, yeah.

As soon as he says, "My Lord, he's not gonna give any evidence,"

I went, "Aw!" I-I had the feeling. No, no, that's what...

He's a coward. That's the sign of a coward -

he's got so much evidence against him.

Preparing for a closing speech,

you're trying to get to the evidence that's credible

because it's true and reliable.

You want that in the forefront of their mind.

You've got the public watching it, you've got the family watching it,

the jury watching. I would defy anyone, even with vast experience,

to suggest that they don't get nervous.

But you never show any of this.

Everybody has nerves - and if you don't have nerves,

you're probably not doing your job properly.

Are you ready to address the jury? I am, My Lord.

If you would, please.

Alex Prentice is an excellent prosecutor.

And he's a very worthy adversary.

On Arthur's Seat on the 2nd of September 2021,

Fawziyah Javed, scared, in pain, lay among gorse bushes

and asked why her husband was like that

and treated her like that.

She said he pushed her because she tried to end the relationship.

I suggest the evidence clearly demonstrates

that Kashif Anwar absolutely controlled Fawziyah Javed's life.

In the telephone call, Kashif Anwar said to Fawziyah Javed,

"You're a disease in everyone's life.

"The sooner you are dead or the sooner you are out of my life,

"it'll be better."

Now, ladies and gentlemen, it's my privilege to address you

on behalf of the accused, Kashif Anwar.

And you've just been listening to evidence

of what a horrible guy he is.

Kashif Anwar is a horrible, disrespectful,

coercive, controlling, abusive individual.

If you're thinking that, well, maybe I'm thinking that myself,

even though I'm his legal representative.

I've got no immunity from having emotions just like you.

But that is no way to judge the case,

and you're not being asked to find him guilty

of being a horrible, nasty guy.

You're being asked to decide whether he has committed a murder.

But let's consider the evidence on Arthur's Seat.

Fawziyah Javed said, "Don't let my husband near me, he pushed me."

She was adamant that he had pushed her.

She said, "He pushed me."

He was saying, "I slipped and I went to grab her arm,

"and she went sideways."

Now, you might think she would see that as being pushed,

and he would see it as a complete accident.

You have no evidence to tell you what happened on the hill.

You don't have an eyewitness, you don't have forensic evidence,

you're just being asked to take a massive guess.

The last you saw of them was walking arm in arm,

and if you looked at the selfies that they took

on the top of Arthur's Seat, everything looks fine.

His wife - carrying his child - has just fallen from height.

You might think that the first thing he would do is call 999.

He never did that.

He had a phone and didn't call 999 -

as if you're going to judge a murder trial

on that piece of evidence alone.

The accused himself has not given evidence.

In this case, you have evidence of what he has said

on the 2nd and 3rd of September.

And you might think to yourself that is a better measure

of how to judge him than if he was stood in the witness box

19 months after it.

You are looking for the prosecution to prove him guilty.

He doesn't have to prove anything.

The Crown invites you to find it established beyond reasonable doubt

that she was murdered by Kashif Anwar,

and I suggest to you that the only just verdict in this case

would be one of guilty of murder.

Thank you very much.

If you have a doubt about his guilt, you must acquit him,

not because he deserves anything - he doesn't deserve anything -

not because the lady who died isn't deserving of sympathy -

she absolutely is.

It's a sad and sorry case,

but you have to decide the case on the evidence.

Thank you very much.

Now, members of the jury,

your decision is important for the Crown and for the accused,

so please give the case full and careful consideration.

I am asking you now to return to the jury room

and consider your verdict.

In Scotland, there are 15 members of the jury.

For guilty, there must be at least eight members who vote for guilty.

Court.

If there are not eight, then there will be an acquittal.

I...don't know any more than you know now.

I've had a jury come back in six minutes

and I've had a jury come back in nine days, so who knows?

Advocate Depute Alex Prentice KC reminded jurors

of evidence they'd heard of Anwar saying to Ms Javed,

"You're a disease in everyone's life.

"The sooner you're dead or out of my life, it'll be better."

The jury will resume their deliberations tomorrow morning.

It's in the hands of the jury now and, you know,

we know that this could really go either way.

And even though we feel the case is really strong,

Yasmin and the family do need to prepare for the worst.

DOOR BUZZES

SHE READS: "Today, we have not received the verdict

"we had hoped for.

"Fawziyah's perpetrator has been found not guilty,

"meaning his behaviour and abusive attitude will be allowed to continue

"and possibly cause others harm.

"Today's disappointing verdict will cause further distress

"and hurt to my family."

Yeah. I mean, I think there was a lot of compelling evidence

to prove what he did. Yeah, yeah.

And that's what you've got to hold on to. Yeah, yeah.

I'm just like, "I hope he doesn't get acquitted."

He's got to be punished. He can't do this to another family.

I can't have another family going through this.

This is the point when you think,

"I wonder if I should have led other things or not led things,"

but I think overall I think there's enough material there for the jury

to convict if they want to do that. Yes. Anyway, we'll see.

Surely they can see this for what it is.

But I'm going to just have to accept whatever decision they come to.

In the High Court of Judiciary, in court number one,

His Majesty's Advocate against Kashif Anwar. This is a verdict.

Court.

I'm speaking to members of the public assembled here

to see the verdict.

This court demands that everybody respects

the jury's difficult responsibility

and does not cause any disorder in the court

when the verdict is announced.

Now, if anyone cannot control their emotions,

the police will remove you from the court. Thank you.

Members of the jury, would your spokesperson please stand?

Have the jury reached a verdict in this case? Yes.

What is the verdict of the jury

in respect of the accused, Kashif Anwar,

in respect of charge two on the indictment?

Guilty. Yes! Yes!

Are you making any deletions to the charge? No.

And is that unanimous or by majority?

By majority.

The jury, by majority, find the accused, Kashif Anwar,

guilty of charge two on the indictment as labeled.

Thank you.

Now, Mr Duguid?

Everyone in these proceedings would have a sympathy for

the family of the deceased

and indeed of course for what befell her on that night.

And that does extend to the accused himself.

He recognises how her family has been bereaved,

and how his own family also has been affected by what has happened.

Kashif Anwar,

you have been found guilty of murdering Fawziyah Javed, who was

a very special person, she was your pregnant wife,

and you also caused the death of her unborn child.

For murder, the punishment is fixed by law -

you will be sentenced to life imprisonment.

From the evidence led,

it seems that you sought out a secluded position at

the top of a cliff and waited until darkness fell,

and it seemed that no one else was around before you pushed your wife

off the edge. This was intentional murder.

You showed no remorse

and made no attempt to save her by calling 999.

You could have used her phone, which was working,

and which you retained.

The court must do what it can

to deter such lethal domestic violence

and impose appropriate punishment.

The punishment will be 20 years.

This does not mean that this is a sentence of 20 years.

You are sentenced to life imprisonment,

and you will serve at least 20 years before you can be considered

for release on parole.

That is all.

Silence, silence in the court!

You bastard, you've killed my niece.

I hope he suffers inside,

I really do. I hope they never let him out.

I'm sorry, members of the jury,

that you've...you've had to witness that.

But you will understand,

I don't want to keep you very long

because I can see that you are

upset at everything that's happened

and what you've been listening to and thinking about.

But I must thank you before you go,

for serving on the jury in this

pretty difficult trial and...

..for the really admirable way

that you've performed your function as a jury.

Advocate Depute, Mr Duguid,

thank you both for the way the trial was conducted,

making a difficult trial no more difficult than it needed

o be. Very much appreciated. Thank you both.

Court.

All of us who are working in this system think that trial by jury

produces the correct result.

It's a process of justice

and I think justice does prevail.

Yeah, I think justice is done.

Thank you so much.

Thank you.

Well, there we are.

He's been found guilty of murder.

Please don't think he's got a 20 year sentence - he hasn't.

He's got a life sentence with a minimum of 20 years.

So, after 20 years,

he can begin the process of applying for parole.

He's got what he deserved, and Alex,

thank you, and if, Alex, if you ever come to Leeds,

please. Thank you so much. I'm heavily in debt to you,

honestly, me and my family. You know,

there's satisfaction of course with the verdict,

but it doesn't take away

the loss which you all continue to suffer.

Absolutely spot on summary.

Fawziyah collected a great deal of evidence which formed the pillar of

the prosecution case.

Alex, if Fawziyah didn't give accounts of her events,

was there the chance of proving this or not really?

It would have been very difficult. Yeah.

Yeah, see. It would have been difficult. Fawziyah, it was her.

The evidence of what Fawziyah said was crucial.

It was effectively Fawziyah speaking to the jury.

Whoa!

Whee!

She built this massive mountain of evidence,

culminating with giving a statement to the police on

the verge of her dying.

And the fact she was a lawyer with all

the legal training,

I do think that she must have thought about

leaving this evidence behind.

I remember feeling that she died

like a lawyer, that's what I thought.

So, yes, I shall catch you shortly, mi' old chum.

Oh, course he's behind bars,

but it makes no difference to my pain and grief.

I don't work anymore. I don't socialise with my friends,

you know, I don't have that life that I had before.

My husband's gone back to work three days a week.

It's a bit of a distraction for him.

But I know he's in pain and he's grieving.

It tears me apart that it's my sister's only daughter,

that's her heart, that's her everything.

She'd gave her daughter away to

a family who she thought she could trust.

They sent her home in...in a body bag.

When an innocent life has been snatched in such

a violent way, the victim is called Shahid Martyr,

so they have a huge welcome in the next world.

And I've conducted hundreds

and hundreds of wedding ceremonies,

and sometimes they don't work out.

But Islam provides us with a window to get divorced.

And this domestic violence has no place in Islam.

You know, there is no honour in taking the life of an individual.

The mosque is here to help you go

through this painful period in your lives.

Lord of the heavens and the earth, grant our sister,

Fawziyah Javed, one of the highest stations in paradise.

Make her amongst the martyrs on the day of judgement.

Nobody's immune to become a victim of domestic abuse.

I want to raise awareness.

I want something positive to come out of this tragedy.

APPLAUSE

Fawziyah was a beautiful soul, inside and out.

She was caring, she was outgoing,

she had a fantastic sense of humour.

She was the most perfect of human beings.

My message to you is

this can happen to anyone's daughter or sister.

I don't want another mother

to be stood here this time next year...

..in pain and grief telling them what's happened to her daughter.

It's a privilege and an honour to

be Fawziyah's mother.

I will keep going to raise awareness.

And help others.

Fine, thank you.

APPLAUSE

Thank you, thank you.