Dialunguna Lema was charged with stalking and harassing neighbor Madia Giwa in Crouch End, north London, between May 2021 and June last year by trying to talk to her about her video streaming channel. A YouTuber has been cleared of harassing a plus-size model who refused to testify in court because the hearing fell on her birthday.
Lema denied stalking and harassment and the charges were dismissed when Ms Giwa failed to appear today to testify against her at Highbury Corner Magistrates Court on her birthday. Tom Lambert, defending Lema, told the court that the case had dragged on long enough. He said: ‘The primary objective of this case is not the convenience of the whistleblower.
We are here today to have a fair and just trial. “The written reasons given for postponing the session were not trauma or damage to long-term memory, but because she had birthday plans.” Rejecting the request for adjournment, the president of the court, Ms Anna Kaposi, said: “We have not heard of any steps by the prosecution to ensure witness attendance here today.”
Dialunguna Lema Age
Dialunguna Lema is 26 years old.
Dialunguna Lema Allegedly stalked model Madia
Ms. Giwa’s friend and fellow model Aeva Andersson, 6ft 2in, was said to have witnessed one of the alleged incidents. Qadeer Mirza, the prosecutor, previously told the court that testifying on her birthday would “traumatize every future birthday” of Ms. Giwa.
He said: ‘Ms. Giwa did not want to testify on her birthday. She has been harassed and harassed by this man, to such an extent that she has caused him great distress and anxiety. “She doesn’t want to bear witness to her because she will traumatize her. She also has other health problems. Today her parents fly from abroad and it is the only day that she will be able to stay with her parents.
She lives alone in the UK and this is the only day she will see her family. She doesn’t know what plans they’ve made for her birthday, but it’s still a family reunion. The request is simple, giving evidence on her birthday will affect her mental health.
“Giving evidence and reliving the incident on her birthday will mean that she will be traumatized on every future birthday. “Any subsequent birthday of hers will remember what happened in court because that day is unique to her.
She has several personal medical issues that have affected her mental health. She is currently under protection from a counselor. “It’s not just a matter of ‘oh, it’s my birthday and you can’t bother me,’ it’s painful.” Summarizing the alleged crimes, Mr. Mirza said: “Remember that she lives alone and here we have an adult man.”
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In May 2021, Ms. Giwa claims that the defendant approached her address out of the blue, knocked on the door, and said, “Hello, my name is Chris, I have a YouTube channel. Do you live alone?”
He then entered her property and she had to force him out. She pushed him: he was someone she’s never met, someone she doesn’t know. ‘She yelled ‘Leave me alone’, and he was gone. “Last year, on March 7, she was woken up by loud knocking at the front door. The defendant is there and says: “I want to talk to you.” “He was standing so close that she could see the glass in the door was fogging up from her breath.
She yelled, “What are you doing here? Get away from my door. Get away from my door or I’ll call the police. Then she runs away. ‘Between 7 and 14 March last year, the complainant was at Haringey railway station. The defendant walked to the platform, she walked to the other end of the platform to create as much distance between her and the defendant as possible.
‘Once she arrived at Finsbury Park station, she got off the train to find the defendant on the platform looking directly at her. She decided to ignore him and head to her final destination. “She was walking along Ferme Park Road, N8, between 7 and 8 pm when a man ran up behind her. He rubbed close to her and brushed past her. She expresses shock. He turned around and she saw that he was the defendant, Chris.
“In another incident that occurred on June 4 last year, the applicant, Ms. Giwa, contacted the police. In that call, she claims that the defendant follows her from the communal dumpsters to her apartment and then stares at her and makes her feel uncomfortable.
Ms. Giwa had previously told the Crown Prosecution Service that she was not prepared to testify on her birthday. The defense attorney added: “Since the plaintiff’s credibility is at stake in this trial, that is something to consider.
“If this trial is delayed again, Mr. Lema will suffer further anguish.” In issuing her judgment, Ms. Kaposi said that the defendant also had rights in the matter. She added: “We know that it is the fault of CPS that there was a delay in notifying the court today. The matter is now almost a year old, in fact, some of the incidents are a year old.
Lema, from Ridge Road, Crouch End, was arrested on July 12 last year. She denied it and was cleared of nonviolent harassment and stalking without causing fear of violence after the prosecution offered no evidence. Ms. Kaposi added: ‘We deny the request for a restraining order. We do not consider it necessary, as we have not heard any clear evidence that the witness needs protection.”
Addressing Lema in the dock, Ms. Kaposi said: “You were here today for a trial and that trial will not take place. That matter is dismissed and will not be heard from again. ‘Your bail conditions are gone and you are free to go.’
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