A MAN who denies the murder of a former shop manager claimed he was on drugs when he was interviewed by police and told them "I'd like all my rights as a human being".
Damien Fogo refuted the prosecution's suggestion he had made a conscious decision to be obstructive and difficult when he was interviewed in connection with the death of Germaine Edwards over three days.
He allegedly shot Mr Edwards at close-range in a Ford Fiesta in Bilborough on Saturday, November 17, last year.
In his first interview, Fogo was asked for his name and he replied "I am a spiritual being. My name is Damien. I come from the clan of Fogos."
When detectives requested his date of birth he said: "A person is a straw man. I'd like all my rights as a spiritual being, please. My birth date is somewhere in the 1980s."
Timothy Barnes QC, prosecuting, asked Fogo, who has been giving evidence at his trial: "From the outset you were trying to frustrate this interview weren't you? You were not trying to help? You were trying to frustrate it."
Fogo, wearing a pink shirt and navy blue trousers, replied: "No".
After the 32-year-old, previously of Hungerhill Road, St Ann's, was arrested he was examined by a doctor at Bridewell Police Station, Nottingham Crown Court heard.
The GP's opinion was the suspect was fit to be interviewed with an appropriate adult present.
Mr Barnes asked Fogo: "What was your idea when you were to be interviewed by the police? Was it either to tell the truth or to feign some kind of madness or to say no comment to everything?"
Fogo said: "Well I was on drugs, so I can't really comment on anything like that so, obviously, my head wasn't in the right place."
Police had put to Fogo his mother's account of his alleged "confession" to her and he had answered "no comment".
After the alleged killing, Fogo had visited his mother and stepfather at their home in Long Eaton. He told his mother: "I am going away for a long time. Tell my girls I love them."
His mother asked him what he had done and Fogo allegedly said he had "killed or done a man called Germaine.
Mr Edwards' friend Dwyane Bryan, who had been in the Fiesta but escaped before the killing, had given an interview. The contents were put to Fogo by detectives in considerable detail and he had replied "no comment".
The court also heard about the moment police spoke to him about the recovery of a cream wax jacket.
Mr Barnes said to Fogo: "Your response was to laugh and you put your middle finger up at the interviewing officers. Is it true that you laughed when the jacket was raised and put your middle finger up?"
Fogo told him: "I can't remember that."
Mr Barnes said: "You agree now it's no laughing matter is it?" Fogo said: "The death of anyone isn't a laughing matter."
"Putting your middle finger up…was that being helpful or being arrogant and offensive?" asked Mr Barnes. Fogo replied: "I can't remember doing that."
Fogo has pleaded not guilty to three charges: murder, attempting to rob Mr Edwards and his friend Dwayne Bryan, and possessing a handgun.
Jurors have heard how Fogo was given a lift by Mr Edwards before he allegedly murdered him. They travelled to Balloon Woods Estate, off Wollaton Vale, where Fogo said he wanted to collect cash and keys.
Fogo is alleged to have returned with a gun, bundled Mr Edwards, who was due £10,000 redundancy from his job at the Co-op in St Ann's, into the boot of the Fiesta and ordered Mr Bryan to drive.
Mr Bryan fled when the car stalled near Broxtowe Police Station.
Fogo is alleged to have got into the driver's seat, driven a short distance and shot Mr Edwards at close-range.
Mr Edwards, 28, of Chingford Road, Bilborough, got out of the car and collapsed in a garden off Fairnley Road, Bilborough.
But Fogo says he never returned to the Fiesta and took no part in what happened.
The Fiesta was set on fire at a car park not far from Trowell Services.
