Remove this ad

VICTORIA FABIAN, SON & UNBORN CHILD - NICHOLAS FABIAN - TRIAL - CONVICTION & SENTENCING

Rss     Subscribe     Share     Tweet    


0 Points

Lead

Feb 7 11 9:27 PM

Tags : :

2011 - February 7 -  Maidstone Crown Court - Attempted murder trial begins.

Nicholas Fabian is charged with:
 
Attempted Murder
Unlawful possession of ammunition
GBH with intent
Causing an explosion likely to endanger life or cause serious injury.
 
Fabian is accused of stealing a grenade containing about 155g of high
explosives with a lethal range of up to ten metres, during training on an
army range, then using the device to blow up his pregnant wife Victoria's
car, while it was occupied by her, and her son Charlie.
 
PROSECUTION
Graham Reeds QC
 
"According to Mrs Fabian, who is due to give evidence tomorrow, their relationship
 "had more downs than ups
 
"Nicholas Fabian had tampered with the brakes on his wife's car on three
previous occasions."
 
Fabian had access to grenades at a training exercise in Yorkshire in January
last year. During the course of his weapons training he stole a hand grenade from
a firing range in North Yorkshire, and on March 5 last year he used it to booby-trap
his wife’s car. 
 

Victoria had a heart-to-heart with her husband the previous night over sexual text
messageson his mobile phone, and over a £1,400 bill for a weekend away with
his mistress. She then went to bed but Fabian went downstairs until 2.30am.
 
"There were two opportunities for Mr Fabian to have planted the device.
The first was later that night when Victoria went to bed.
 
Activity on the family computer showed that someone had looked at the
ArmyNet website along with child support information until after midnight.
 
The second opportunity was when he took the dog for a half hour walk the
 next morning."
 
Fabian was at the time having an affair with ex-work colleague Jackie Phillips.
Fabian had sent a text to his lover Jackie Phillips a minute before midday on
March 5. The message read: "Hello gorgeous. I love you so much xxx."
 
The car exploded an hour later as Mrs Fabian set out towards her mother's.
 
The couple had left their home in separate cars. The defendant drove out first.
Fabian had their four-year-old son Harry in his car.
 
As Mrs Fabian pulled out and started to drive away there was an explosion which
ripped a hole inwards through the driver’s side  footwell. Shrapnel penetrated into
the driver’s compartment causing very serious wounds to Mrs Fabian’s legs which
have left her in a severely injured condition.
 
Seeing that she was alive but injured and screaming, the defendant then got
Mrs. Fabian out of the car before the fire could take hold.
 
 After he had been arrested it was discovered from her telephone that he had
been sending Jackie Phillips affectionate text messages, proclaiming his love
for her. Although Fabian told police he had split from his lover the text messages
suggested otherwise.
 
The defendant was a recently trained soldier who well knew the damage grenades
were capable of causing. 
 
When he was arrested over the blast the following day Fabian claimed the grenade
was planted by someone else. But paint flakes matching it were found in his workshop.
Also found at his home were 95 live rounds stolen from an army firing range. Nylon,
like that used to pull the pin from the grenade on contact with the steering wheel,
was also found in Fabian's shed.
 
"Taken together the evidence demonstrates it was him that placed the grenade
on the car."

Quote    Reply   
Remove this ad
Remove this ad

#1 [url]

Feb 9 11 6:22 PM

2011 - February 9 - A tearful Victoria Fabian testifies.
 
Victoria Fabian is as a nurse at Tonbridge Cottage Hospital.
She has 3 children, Charlie (8) (from a previous relationship),
Harry (3) (from her marriage with Nicholas Fabian), and Freddie,
(also of her marriage with Nicholas Fabian), who was born after the
explosion. She remains on crutches and has to undergo further
treatment.
 
 Mr Reeds QC
"What was your relationship like?"
 
Victoria Fabian
"He was a good husband, and a good dad. There were ups and downs.
Probably more downs."

 Mr. Reeds QC
The prosecutor questioned Victoria Fabian about the events the day of,
and the day prior to the explosion.
 
Victoria Fabian
 

"My suspicions were raised when I found a change of address
letter from his bank. I also discovered credit card debt of  £1,400  

and knew the money had not been spent on me or the children."

I suspected he was having an affair and when I looked through his
mobile phone messages, I found one from a person named on
the phone as "Jack." It was a text message about oral sex.
When I questioned Nicholas about it, he claimed he had received
it from a male friend called "Jack" by  mistake.
  
I decided to write him a letter so he could consider things without 
a heated argument developing, and left it out for him when I went
to work a late shift on the evening of March 4.
 
When I returned from work later that night, he told me he hadn't read it.
I told him I thought we needed to talk and he agreed, I brought up the
credit card and he promised me he'd tell me the truth.

We agreed to put it behind us. We watched something on telly. We
were hungry so we had a pizza and a cuddle on the sofa."

 
"On the morning of the explosion, Nicholas asked me whether CCTV
cameras had been installed in the car park behind our home."
 
We had planned to return my mother's car I had borrowed from her,
and take the children for a haircut before going for a meal. Because
we were d
ropping the Mazda off, weneeded to go in separate cars,
so she got in the Mazda with Charlie, while Nicholas and Harry got
into our (Vauxhall Zafira) car.
 
Nick drove out of the parking space first. I moved my car to reverse.
The windscreen shattered. There was a loud bang. I can remember

thinking a tree or something had fallen on the car.
 
Charlie was asking what had happened. I said I didn't know but he was
to get out of the car. I was quite calm until I saw Nick running before me
crying. "I couldn't feel anything from the waist down
 
"He took something off to put the fire out on my leg. I was telling him to
get me out of the car. I couldn't move and that he needed to get me out
of the car. He was trying to get me out.

"He pulled me out. Another man helped. They carried me to the pavement.
At first I sat do
wn in the car park because my jeans were on fire.
My legs were bleeding. I remember I was losing a lot of blood.
 
A neighbour, Rickie Durnall, to help get me out of the vehicle and
extinguish my jeans.

"By this time the car had caught fire."
 
Kent Air Ambulance arrived and airlifted me to hospital, where I was
treated for two months. I had a blast injury to my left leg. I had a hole
to the left of my leg and a whole to the right of my leg. It had a skin
graft. They used part of my calf to fill the hole in."

 
 Victoria Fabian left the court during the testimony of her husband's mistress,
Jackie Phillips.
 
 

Quote    Reply   

#2 [url]

Feb 9 11 7:21 PM

WITNESS
 
Jackie Phillips (Nicholas Fabian's girlfriend of 10 months)
"Nicholas started working at the Battersea Dogs Home site at Brands
Hatch in 2009 and we became close from regularly being on the same
watch together.

He would tell his wife he was visiting friends or that he was working
night shifts when he was really seeing me. We had a short break together
at a hotel in the New Forest in September 2009."

 Mr Reeds QC
"Did Nicholas Fabian ever talk about his relationship with his wife?"
 
Jackie Phillips
"He said that he didn't love her any more, that they were only really
together for the sake of the children. They were arguing a lot."
 
Mr. Reeds QC

The prosecutor asked the witness about Nicholas Fabian's deployment
to Afghanistan.
 
Jackie Phillips
"When he heard he would be goingt oAfghanistan, he promised as soon
 as he got back he'd leave his wife for me. He told me he had put my
name on a life insurance policy along with his wife and childrne in case
anything happened to him. "I thought this was bizarre."
 
Mr. Perry QC
"Did you ever see the document?"
 
Jackie Phillips
"No."
 
EVIDENCE:
Text messages Nicholas Fabian sent to Jackie Phillips were read
out in court.
 
Among them are:
Text
"I can't stop thinking about you, xx."
 
"hello sexy, and thank you for a great night."
 
Jackie Phillips
"I  received hundreds of texts from Fabian during our relationship.
He told me he wanted to marry me and have a baby with me."
 
Mr. Perry QC
"Did Nicholas Fabian ever tell you that his wife was pregnant?"

Jackie Phillips
"No.''

"I was stunned to read a report of the car explosion, I only found out then
that Victoria was pregnant."

Mr. Perry QC
"When was the last time you saw Nicholas Fabian?"

Jackie Phillips
"On March 1, four days before the explosion. He had been due to stay with 
me from March 8 for a week."

"He also wrote to me while remanded in police custody."

EVIDENCE: The letter.
 "I hope you are ok and the dog too. I know you are feeling upset
at the moment and hurt and I'm sorry for that. I have not been charged yet as
I'm remanded but I would never hurt my kids or Vicky in that way I'm still in shock
that this happened."
 

Quote    Reply   

#3 [url]

Feb 18 11 10:46 PM

WITNESS
 
Nicholas Fabian

DEFENSE
 
Barrister Michael Wood QC
“Did you plant a grenade in your wife’s car?”

Nicholas Fabian
“No I did not.”
 
Other items found in my house and garden shed, including broken down fireworks
were to make a rocket for my sons. A flare found in my bedroom cupboard must
have been brought home accidentally."
 
"The nylon wire found in my shed which was similar to that attached to the grenade,
was used as part of my army kit. The hooks found in my possession were bigger
than those used to attach the grenade to the wheel.
 


Barrister Michael Wood QC
"Did you try to kill your wife?”

Nicholas Fabian
 "No, I didn’t try to kill my wife.”
 
 
Barrister Michael Wood QC
 "Did you lie in a police interview about your relationship with Jackie Phillips
 and tell them it was over?"

Nicholas Fabian
"Yes, I did."
 
Barrister Michael Wood QC
"Why did you lie?"
 
Nicholas Fabian
"I was embarrassed and ashamed about the affair. I just wanted to get out of
 there and get home so I could look after my children. I knew the affair was
going to come out and I wanted to tell Vicky myself but never got the chance."
 
 
Barrister Michael Wood QC
"Did you lie in a police interview about grenade training?"
 
Nicholas Fabian
 "Yes, I did."

Barrister Michael Wood QC
"Why did you lie?"

Nicholas Fabian
  "At the time I was scared and my head was all over the place."
 
 "I got really scared I was going to be arrested. I just wanted to close up and
started spurting rubbish out." 
 

"I lied because I was shaken up and confused by the explosion. My mind was all

over the shop. I hadn't slept for two days or eaten anything. Just hours before, I'd

dragged my wife from a burning car. I had blood on my hands, blood on my T-shirt.

My head's in pieces."


 
PROSECUTION

Graham Reeds QC
"Why did you spend more time with Miss Phillips, than with your wife
before you were due to be posted to Afghanistan on March 18 last year?"

Nicholas Fabian
"I was being selfish. I just wanted sex. God's honest truth, I was enjoying it
at the time."
 
"I planned never to see Jackie Phillips once I returned from Afghanistan
 and would start a new life in Catterick with my wife.
 
"I didn't tell her I wanted to marry her." 
 "She may be a woman scorned because I treated her so badly."

 
 
Graham Reeds QC
"What do you remember of the explosion outside your home on March 5 last year?"
 
Nicholas Fabian"We had a “kiss and a cuddle” before setting out in separate cars
for a meal. Then her Mazda “went bang. I had no idea what caused the explosion."
 
"I remember dragging her from the car. I had blood on my hands and I thought I was
going to lose her."
 
I did what I could to save Victoria's life. I was trying to save her life. In my head I
was thinking I was going to lose her and lose the baby as well." 
 
Referring to the fire on Victoria Fabian's legs -

"I put it out with my hands, I believe."
 
Her leg was bleeding badly. It was pumping out so I put a tourniquet around
the top of her leg to stop the flow of blood, and also just below the kneecap
I put one as well."

"I then got my neighbours to bring out blankets and pillows to make her

more comfortable. I held her hand while we waited for the emergency services

 to arrive."

"I was just thinking about my wife and kids."


Graham Reeds QC

"I suggest that they were your last thought, and your first thought was for yourself."

Graham Reeds QC
 "You had a motive - you were infatuated with that woman. Did you think if
your wife's car exploded you wouldn't have to go to Afghanistan?"
 
Nicholas Fabian
 "No. I didn't know my wife's car would explode and I wanted to go to Afghanistan."
Graham Reeds QC
If you hadn't moved your car first would you have been hit in the explosion?"
 
 
Nicholas Fabian
Possibly yes."

Graham Reeds QC
"But you waited a safe distance away. Was your car damaged by the blast?"
Nicholas Fabian
"No."


Nicholas Fabian told police “I didn’t do it. I love her to bits.”  

Quote    Reply   

#4 [url]

Feb 18 11 11:52 PM

CLOSING ARGUMENTS
 
PROSECUTION
 
Graham Reeds QC
 
 
" When it became obvious that she was not dead but screaming and on fire,
and when it became obvious neighbours were gathering to help her, what was
 he to do? "Sit and watch her burn? Of course not. In front of his children and
in front of neighbours the only thing he could have expected to do was help her.
 
"No doubt, it was shocking to see when the car caught fire."
 
"Victoria Fabian has recovered up to 85 per cent of the function in her legs in the
 11 months since the explosion. She is of the opinion she is about 50 per cent
of the way there at the moment. She still walks with the aid of crutches, She still
suffers significant pain. She accepts pain will be permanent."
 
"The only thing I wish to add is the moving way she speaks about the offence and
the effect on her sons," 

 

 
DEFENSE

Barrister Michael Wood
"It was suggested Fabian wanted to kill his wife so that he could be with his lover
 Jackie Phillips. What is wrong with 'I am sorry Vicky, it's all over. I have found
somebody else? Nicholas Fabian knew how to walk away from a relationship,
 as he had done so previously.
 
"We submit this is a deeply worrying case for a number of reasons.
Stripped of its emotion and prejudice, there is no sensible motive for
what the Crown allege Mr. Fabian did.
 
The prosecution suggested Fabian must have planted the grenade the night
 before it exploded. "Did he behave any differently?"  "Has he behaved oddly?
No. Never mind The King's Speech, Mr Fabian should be winning Oscars if he is
 responsible for this."
 
Mr. Fabian described rushing to help his wife after the explosion and putting out flames
on her legs with his bare hands. "The Crown say he only went to help when neighbours
were gathering. Nonsense, absolute nonsense. Neighbours were not gathering at all."

"Are they really suggesting that instead of walking away from his wife, he goes to
the lengths of booby-trapping her car, setting it off intending to kill or maim her,
leaving behind a wonderful trail of clues? He must be obsessed by Jackie or barking
mad. Our case is it is not him and he is, therefore, not guilty."

 Mrs Fabian was "a totally honest, straight forward witness in extremely difficult
 circumstances. Given what she has gone through and giving her evidence in the
way she did is a real credit to her."
 
Mr. Fabian had received no training in how to make explosive devices.
If the jury could not be sure Fabian stole the grenade from an exercise at Warcop,
Cumbria, on January 22 last year, it was the end of the case and Fabian was not guilty."

 

 Senior Prosecutor with the Crown Prosecution Service
Alistair Dickson

 "Victoria's bravery and courage is quite extraordinary. She suffered horrendous
 injuries to her legs and she wasn't expected to live. The explosion blasted holes
 in Mrs Fabian's legs and she needed skin grafts to repair the damage. She was
 in a lot of pain during her treatment because she had to do without some
medication for fear it could harm her unborn child. Her recovery is going well
considering the injuries she had suffered.

 "She can now walk assisted with crutches but the emotional scars are
going to take a very, very long time to heal if at all. She will never fully recover
physically either.
 
"One has to remember she loved her husband. She was 24 weeks pregnant with
his child and the horror of what he did to her is something which is going to be
very difficult for her to overcome. Also one mustn't forget the effect on her children
as well, they treated Nicholas Fabian as their father."
 
 Mrs. Fabian turned down the chance to give evidence in court behind a screen
despite the trauma she suffered at the hands of her husband. She didn't want any
 of that. She wanted Nicholas Fabian to see her in court and to fully understand
what effect he had had on her."
 

 "Clearly not everyone who has affairs goes on to attempt to kill his wife in such a way.


"It has something to do with the fact that he was a fantasist and an attention-seeker

but I don't think anyone will ever know the true motive in addition to the Jackie Phillips

motive behind this offence.

 

Nicholas Fabian showed a callous disregard for life. He knew what kind of injury that

type of grenade would cause, and using the weapon to attempt to kill his wife and

unborn child "beggared belief".

Quote    Reply   
Remove this ad

#5 [url]

Feb 19 11 12:08 AM

2011 - February - The jury deliberated and determined that Nicholas Fabian
                          is indeed Guilty as charged.


2011 - February 18 - Judge renders verdict.

Judge Andrew Patience QC addresses Nicholas Fabian

  "You are an evil man without conscience, who is prepared to destroy
at least one human life in order to achieve your selfish ends.
"Not only are you evil, you present a danger to the general public.

"In my judgement, this offence makes it clear that you present a significant
 risk were you ever to find yourself in a similar relationship situation of
committing offences like this in future.

"These offences are of such seriousness and gravity with feelings of utter
 horror and revulsion which this court and right-minded members of the public
must feel, and have to be reflected in the sentence I pass."

You have been convicted on evidence which was "clear, compelling and,
 indeed, overwhelming".

"What you did in causing that explosion with all the consequences that
flowed from it on March 5 last year, was wicked beyond belief.

"You conceived a plan to rid yourself of your wife, which demonstrated low
cunning in its planning and preparation and utter heartlessness and chilling
ruthlessness in its execution."

I believe the plan had been in the making for some time. Ammunition and other
 items in your shed showed clearly explosions were on your mind.

"Your wife was not to know as you sat together on the night of March 4 that the
future planned for your life together, which you were discussing, meant nothing
to you and that you were practising the cruelest of deceptions,"

"She was not to know, in short, that the man sitting with her that night was in
reality planning her death.

"The next day you sent a text message to your mistress professing your love
 for her, just over one hour before the explosion occurred. After the explosion,
when your plan failed, you went back to the car and in front of your children
and neighbours when they came to help, demonstrated care and concern."

"However, it was a complete sham. You had no choice but behave in that way
in front of others, but your behaviour was a mockery in reality."

 Mrs. Fabian faces a lifetime of physical pain and will not regain full function.

"I have read her impact statement, parts of which describe the devastating effect
of what you did upon Charlie and Harry - moving and, indeed, heart rending."


                                 SENTENCING

Judge Andrew Patience QC then handed down the sentence:
Nicholas Fabian is to be jailed for life. He must serve a minimum of 16 years
before being eligible for parole.


Quote    Reply   

#6 [url]

Feb 23 11 10:54 PM

DAILY MAIL Interview with Victoria Fabian

Victoria Fabian
"How could he have let Charlie get into that car? By far, that’s the worst
 thing for me. 'He watched us walk to our deaths. Knowing it was him all
along I just feel sick. The man I knew isn’t there any more.

'There was nothing I could have picked up on, no signs at all. Looking
back, I shudder."
 
 "She also learned through newspapers that he once worked as a £50-a-time male
 prostitute and starred in a gay porn movie.

Victoria Fabian
"That came as a complete shock. It adds to the sense of really not knowing him at all."

 
MIRROR - Interview with Louise Sands, former wife of Nicholas Fabian

"Louise Sands spent five years living with evil Nick Fabian, the former Army bomb
expert jailed for life this week for booby-trapping his wife Victoria’s car with a hand ­
grenade."
 
"At court on Tuesday the two women sat side by side, hand in hand, in the public
gallery, looking on with a mix of anger and disbelief as lying Fabian stood up to give ­
evidence in his ­defence."

Louise Sands
"That monster tried to kill Victoria and made my life hell too. He treated us both
like dirt. Watching him in court made us both feel physically sick. He blew Victoria
up and made my life an utter misery for years. That’s the kind of man he is.”
 
And as the girls grew older Louise says he even physically assaulted Jessica,
then aged eight.  


Last October, out of the blue the police came knocking on my door, asking about
all this criminal ­damage to his and Victoria’s car. I didn’t know ­anything about it before
then. 

“I didn’t actually realise he was trying to frame me as a suspect until the ­explosion
happened six months later.”

 

Quote    Reply   

#7 [url]

Jan 21 13 4:17 AM

I have read your post about VICTORIA FABIAN, SON & UNBORN CHILD - NICHOLAS FABIAN - TRIAL - CONVICTION & SENTENCING.It is a deeply sad incident with mother and children. Here, i would like to say  that the Nicolas Fabian is to be seriously punished.I tell you that Escort In UK are much the same at making things simpler, and therefore more enjoyable.

Quote    Reply   
Remove this ad
Add Reply

Quick Reply

bbcode help