Forest Gate man cleared of attempted abortion charge

Friday, August 3, 2012
5:00 PM

Woman admits making up story that she was held against her will and given tablets

A pregnant woman who claimed her boyfriend forced her to take abortion pills while holding her prisoner has admitted making the story up.

Kaylah-Klaire Samuel told police Javair Best, 27, ordered her to swallow misoprostol and mifepristone bought from an online pharmacy to induce miscarriage.

Best, who was said to be unhappy about the pregnancy, allegedly held Ms Samuel captive for hours in his bedroom at his home in Vanisittart Road, Forest Gate, on January 12 this year.

But Ms Samuel admitted mistakenly taking one pill believing it was paracetamol, then made up the story after fearing she may have harmed her unborn baby.

Snaresbrook Crown Court heard she initially told family, medics and police she was forced to swallow two pills but managed to spit the one out and hide it in her bra.

Ms Samuel then claimed she waited until Best was asleep before escaping and seeking help.

But with Best’s trial about to start she changed her statement to say she took the pills by choice and was not held against her will.

Ms Samuels, who has since given birth to a healthy child, discovered she was pregnant in August 2011, prosecutor Tim Clarke told the court.

‘The defendant was unhappy and text messages from him clearly suggest she should terminate the pregnancy, but she didn’t want to.”

‘She told police and midwives that the defendant had bought abortion pills over the internet and forced her to consume both of them, but she coughed one of them up.

‘She said she had been held against her will and only managed to escape hours later when he fell asleep.

‘But she now says in her statement to police, medical professionals and members of her family that she lied.”

‘She now says she took a tablet by mistake, believing it was paracetamol, and that she wasn’t held against her will but wanted to find out what damage she may have done to her foetus.”

‘The crown has two statements, one in January and one today, when she effectively says the defendant committed no criminal act.

‘She may feel affection for the defendant or it may be her statement is the truth.”

‘There was a realistic prospect of conviction but we have concluded there no longer is.’

Mr Clarke offered no evidence and Judge John Lafferty directed that not guilty verdicts should be entered.

Judge Lafferty said: ‘Javair Best faced two counts, the first an extremely serious allegation that he forced his partner, Ms Samuels, to take a tablet which he obtained from a pharmacy via the internet.’

‘There is good evidence from the prosecution that this tablet, combined with the other, can cause a miscarriage.

‘The crown’s case was that the defendant compelled Ms Samuels to take the tablet and tried to compel her to take the second tablet which she managed to disgorge and hide in her bra.

‘The defendant was unhappy about her becoming and remaining pregnant despite trying to persuade her to terminate the pregnancy.

‘She alleged he kept her against her will.

‘The prosecution have spent a great deal of time and money investigating this offence and officers pursued all lines of enquiry.

‘This case appears strong but is reliant on the evidence of the complainant.

‘Given the contradictory nature of the initial complaint and what she now says, there is no realistic prospect of securing a conviction.

‘In these circumstances I entirely understand the decision by the crown to offer no further evidence.’

Judge Lafferty told Best: ‘You are a very fortunate young man.

‘Had the jury convicted you of this offence, particularly attempting to procure miscarriage, you would have received a very substantial custodial sentence from me.’

Best remained expressionless as Judge Lafferty ordered his release.