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Man accused of murder during sex session challenged over 'no memory' claim Man accused of murder during sex session challenged over 'no memory' claim
(5 days later)
Jason Marshall, caught on camera smothering a computer technician, had told jurors he cannot remember it
Jamie Grierson
Fri 4 Aug 2017 15.08 BST
Last modified on Mon 27 Nov 2017 18.59 GMT
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A convicted killer, caught on camera smothering a computer repair technician in a bondage sex session, has been challenged over his claim that he cannot remember the latest killing with which he is charged.A convicted killer, caught on camera smothering a computer repair technician in a bondage sex session, has been challenged over his claim that he cannot remember the latest killing with which he is charged.
Jason Marshall allegedly stole £780 in cash from Peter Fasoli, 58, and used his bank card to buy a ticket to Rome after attacking him in his home in Northolt, north-west London, in January 2013, the Old Bailey has heard. Marshall, of East Ham, denies murder.Jason Marshall allegedly stole £780 in cash from Peter Fasoli, 58, and used his bank card to buy a ticket to Rome after attacking him in his home in Northolt, north-west London, in January 2013, the Old Bailey has heard. Marshall, of East Ham, denies murder.
While on the run in Italy the 28-year-old murdered a second victim and tried to kill a third, the court heard. He was convicted by an Italian court of murder and attempted murder. He was sent back to Britain this year and charged with Fasoli’s murder.While on the run in Italy the 28-year-old murdered a second victim and tried to kill a third, the court heard. He was convicted by an Italian court of murder and attempted murder. He was sent back to Britain this year and charged with Fasoli’s murder.
For nearly two years, Fasoli’s death was put down to an accident until his nephew stumbled across the footage of his violent death on his hard drive, the court previously heard. Marshall dressed up as a police officer and claimed to be an MI5 agent as he committed the alleged murder, the court heard.For nearly two years, Fasoli’s death was put down to an accident until his nephew stumbled across the footage of his violent death on his hard drive, the court previously heard. Marshall dressed up as a police officer and claimed to be an MI5 agent as he committed the alleged murder, the court heard.
On Friday he was played extracts of the CCTV footage from the flat of Fasoli’s last hours, during which he was smothered.On Friday he was played extracts of the CCTV footage from the flat of Fasoli’s last hours, during which he was smothered.
In his defence, Marshall has claimed he cannot remember the entire period spanning the killings.In his defence, Marshall has claimed he cannot remember the entire period spanning the killings.
Cross-examining on Friday, Edward Brown QC, prosecuting, said Marshall told a different story in his earlier Italian trial, which led to his conviction.Cross-examining on Friday, Edward Brown QC, prosecuting, said Marshall told a different story in his earlier Italian trial, which led to his conviction.
He said: “What you did not say to the court was that you could not remember. Yesterday you claimed on oath that you could not remember a thing from the time you were partying with your family in England to the time you woke up in an Italian hospital.”He said: “What you did not say to the court was that you could not remember. Yesterday you claimed on oath that you could not remember a thing from the time you were partying with your family in England to the time you woke up in an Italian hospital.”
Marshall said the truth was he could not remember what had happened but his lawyer in Italy had urged him to “come up with something better”. In the Italian trial, the court heard, he had never made any reference to amnesia.Marshall said the truth was he could not remember what had happened but his lawyer in Italy had urged him to “come up with something better”. In the Italian trial, the court heard, he had never made any reference to amnesia.
Earlier in the trial, Brown told jurors that less than three weeks after Fasoli’s death Marshall had murdered Vincenzo Iale in his flat in Rome. Italian investigators found that Marshall had met 67-year-old Iale, a Badoo user, and strangled him with an electrical flex.Earlier in the trial, Brown told jurors that less than three weeks after Fasoli’s death Marshall had murdered Vincenzo Iale in his flat in Rome. Italian investigators found that Marshall had met 67-year-old Iale, a Badoo user, and strangled him with an electrical flex.
Just over a week later, Marshall, posing as “Gabriel”, contacted Umberto Gismondi on Badoo and they arranged to meet for sex. When Gismondi, 54, invited him to his Rome flat, Marshall pretended he worked at the British embassy and bound and attacked him with a truncheon and pepper spray and tried to smother him with a cushion.Just over a week later, Marshall, posing as “Gabriel”, contacted Umberto Gismondi on Badoo and they arranged to meet for sex. When Gismondi, 54, invited him to his Rome flat, Marshall pretended he worked at the British embassy and bound and attacked him with a truncheon and pepper spray and tried to smother him with a cushion.
Marshall fled when Gismondi alerted his neighbours, but was arrested later, jurors were told.Marshall fled when Gismondi alerted his neighbours, but was arrested later, jurors were told.
The court on Friday heard how in the Italian trial Marshall blamed a person called “Michael” for Iale’s death and claimed Gismondi had attacked him.The court on Friday heard how in the Italian trial Marshall blamed a person called “Michael” for Iale’s death and claimed Gismondi had attacked him.
Brown told Marshall he could not “hide behind drink and drugs” in the Italian case because Gismondi had survived.Brown told Marshall he could not “hide behind drink and drugs” in the Italian case because Gismondi had survived.
He went on: “There is a really important fundamental difference, Mr Marshall, from the evidence that was able to be presented to the Italian courts and the evidence at the Old Bailey and that is the CCTV. You just cannot get away from it can you?”He went on: “There is a really important fundamental difference, Mr Marshall, from the evidence that was able to be presented to the Italian courts and the evidence at the Old Bailey and that is the CCTV. You just cannot get away from it can you?”
Marshall retorted: “I’m not trying to get away from it.”Marshall retorted: “I’m not trying to get away from it.”
Brown said: “With respect you have got two choices given the strength of that unassailable material. You can say ‘yes I did intend to kill Mr Fasoli’, or you can say ‘I cannot remember’.”Brown said: “With respect you have got two choices given the strength of that unassailable material. You can say ‘yes I did intend to kill Mr Fasoli’, or you can say ‘I cannot remember’.”
The defendant said: “Don’t you think I would come up with a better excuse than I can’t remember?”The defendant said: “Don’t you think I would come up with a better excuse than I can’t remember?”
The lawyer replied: “That is the point. There is nowhere else for you to go given that CCTV material.”The lawyer replied: “That is the point. There is nowhere else for you to go given that CCTV material.”
Marshall was played the CCTV in the courtroom.Marshall was played the CCTV in the courtroom.
The defendant said Fasoli, who he met on gay dating site Badoo, might have had a “desire to be dominated”, adding: “It’s not all about me.”The defendant said Fasoli, who he met on gay dating site Badoo, might have had a “desire to be dominated”, adding: “It’s not all about me.”
Brown said: “It’s plain later, this is nothing to do with enjoyment.”Brown said: “It’s plain later, this is nothing to do with enjoyment.”
The trial was adjourned to Monday when it will continue.The trial was adjourned to Monday when it will continue.
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