MG 11 (T)

Signature: M ELSWORTHY ....................... Signature witnessed by: N/A ...........................................................

2003(1): MG 11(T)

RESTRICTED (when completed)

WITNESS STATEMENT (CJ Act 1967, s.9 MC Act 1980, ss.5A(3)(a) and 5B; MC Rules 1981, r.70)

Statement of: Mark Elsworthy

Age: (if over 18, put “Over 18) Over 18 Over 18

Occupation: Immigration Officer 9137

This statement (consisting of: 3 pages each signed by me) is true to the best of my knowledge and belief and I ke it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated anything in it which I know to be false or do not believe to be true.

Signature: M ELSWORTHY Date: 15/11/2018

Tick if witness evidence is visually recorded (supply witness details on rear)

On SATURDAY 3rd NOVEMBER 2018 Officers from South London ICE attended the address of RETAIL24, 41

STREATHAM HILL, SW16 4TP. Officers were in FULL PPE. Officers were conducting a joint operation with Licensing

officers and Police to licenced premises.

At approximately 0145 hours I entered the premises. I observed 2 IC4 males stood behind the counter. I spoke with one

male, who initially claimed to be naturalised in the United Kingdom. The male gave false details, before eventually giving

his real name as Rafiullah NABIZADA, 01/01/ AFGHAN male. I arrested NABIZADA as someone liable to be

removed from the UNITED KINGDOM as he is an illegal entrant into the UK with no right to work.

I conducted the following Q and A with NABIZADA, in ENGLISH. NABIZADA had a good understanding of English.

Q: HOW LONG HAVE YOU BEEN WORKING HERE?

A: THREE MONTHS.

Q: WHAT IS YOUR JOB ROLE/WHAT ARE YOUR DUTIES?

A: SERVE CUSTOMERS, STACK SHELVES.

Q: WHAT DAYS/HOURS DO YOU WORK EACH WEEK?

A: TUESDAY TO SUNDAY 0000 TO 0800.

Annex B

Page 2 of 3 Continuation of Statement of Mark Elsworthy .......................................................................................................

Signature: ...................... Mark Elsworthy Signature witnessed by: N/A ...................................................... 2003(1)

RESTRICTED (when completed)

Q: DO YOU WORK THE SAME HOURS / DAYS EVERY WEEK?

A: YES.

Q: WHO GAVE YOU THIS JOB?

A: THE WIFE OF THE OWNER, SHAMIM.

Q: WHO TELLS YOU WHAT DAYS/HOURS TO WORK?

A: THE MANAGER RASHID AKHTER.

Q: WHO TELLS YOU WHAT TASKS/DUTIES TO CARRY OUT EACH DAY?

A: RASHID AKHTER.

Q: HOW ARE YOU PAID?

A: CASH AND CAN HELP MYSELF TO FOOD AND DRINK.

Q: IF MONEY, HOW MUCH AND HOW DO YOU RECEIVE IT?

A: £6 PER HOUR. CASH IN HAND.

Q: WHO PAYS YOU?

A: THE MANAGER RASHID.

Q: DO YOU PAY INCOME TAX OR HAVE A NATIONAL INSURANCE NUMBER?

A: NO.

Q: WHAT NAME DOES THE EMPLOYER KNOW YOU AS?

A: NASIR.

Q: DID YOU SHOW DOCUMENTS BEFORE BEING OFFERED THE JOB? IF SO WHAT?

Page 3 of 3 Continuation of Statement of Mark Elsworthy .......................................................................................................

Signature: ...................... Mark Elsworthy Signature witnessed by: N/A ...................................................... 2003(1)

RESTRICTED (when completed)

A: NO, JUST A BANK CARD.

Q: DOES YOUR EMPLOYER KNOW YOU HAVE NO RIGHT TO WORK IN THE UK?

A: NO IDEA. I TOLD HIM I AM ALLOWED TO WORK.

The subject then signed my notebook confirming the above was a true and accurate record of all that was said.

The subject was then given immigration bail to report to the Home Office. At approximately 0250 hours all Officers were

off scene. The subject has failed to attend his initial reporting event.

This concludes my witness statement, my name is MARK ELSWORTHY and I am an IMMIGRATION OFFICER for the

HOME OFFICE. My Warrant number is I confirm the above is a true and accurate account of all that was said.

MARK ELSWORTHY 15/11/2018, 22:35 hours.

STATEMENT OF WITNESS (CJ Act 1967, s9; MC Act 1980, ss5A(3)(a) and 5B, MC Rules 1981, r70)

Statement of: Calvin McLean Occupation of Witness: Head of Public Protection & Regulatory Services Age of Witness: Over 18 This statement, consisting of 1 page signed by me, is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false, or do not believe to be true.

Signed Date: 20th November 2018

I am the above named person employed by the London Borough of Lambeth and have been since 1st October 2012. I am responsible for the delivery of Public Protection, Enforcement, CCTV and Regulatory Services in the aforementioned borough. On Friday 2nd November 2018 I began duty at 9pm assigned to a multi-agency operation to target anti-social behaviour associated to licensed premises. Throughout the operation I was in the company of PS35LX David Smith and Thomas Dunn, Licensing Officer employed by the London Borough of Lambeth At approximately 1:30am we attended the premises known as “Retail 24”, 41 Streatham Hill, London, SW2 to do a licensing compliance visit. Upon entering the premises there were two males behind the counter. Thomas Dunn conducted a number of checks and overall found the premises to be satisfactory. I spoke with one of the males behind the counter who initially gave his name as Nazir Hazarbus. I engaged in general conversation with him and asked him about his immigration status in the UK. He told me that he had been in the UK for 4 years and was a naturalised British citizen, originally from Afghanistan. I became suspicious of what he told me and therefore asked for officers from the United Kingdom Border Agency (UKBA), who were engaged on the same operation to join us to carry out some further checks. I also spoke to the other male behind the counter who gave his name as Saif Ullah. He told me he was born in Pakistan and was in the United Kingdom on an entrepreneur’s visa. A short while afterwards were we joined by officers from UKBA who conducted their checks. At 2:00am I was present when the first male I had spoken to was arrested by one of the officers for illegal entry into the UK. One of the other officers also relayed to me that the second male was in breach of his visa requirements, which allow him to run his own business but do not allow him to be employed, which on this occasion he clearly was. At approximately 2:30am we left UKBA officers on site with the two males.

Signed: Date: 20th November 2018