Jamila M'Barek

The Right Honourable Jamila, Countess of Shaftesbury
Born	c. 1961 Lens, Pas-de-Calais, France
Title	Countess of Shaftesbury; Baroness Ashley of Wimborne St Giles; Baroness Cooper of Pawlett
Criminal charge	Murder of the 10th Earl of Shaftesbury
Criminal penalty	25 years in prison, reduced to 20 years in prison
Criminal status	Imprisoned
Spouse	Raf Schouten (divorced) Anthony Ashley-Cooper, 10th Earl of Shaftesbury (m. 2002, wid. 2004)
Children	Raf Schouten Kiara Schouten

Jamila Ashley-Cooper, Countess of Shaftesbury (née Jamila Ben M'Barek, born c. 1961), is the widow of Anthony Ashley-Cooper, 10th Earl of Shaftesbury, and an accomplice to his murder.

Background

Born c. 1961, she was one of seven children born in Lens, Pas-de-Calais, France to immigrant parents, a Tunisian mother and a Moroccan father, Mohammed.^[1] The children were abused by their violent and alcoholic father^[2][3] who worked as a miner.^[4][5] When M'Barek was six years old, her mother fled with her and her six siblings to Nabeul, Tunisia, in order to escape from their abusive father.^[6] M'Barek spent most of her childhood there.^[3][5] M'Barek moved to Switzerland in her early twenties and then to Paris, where she claimed to have studied acting.^[6]

At the age of 17, M'Barek moved to Saint-Tropez where she married her first husband,^[7] a Dutch businessman called Raf Schouten, by whom she had a son, Raf (born c. 1992), and a daughter, Kiara (born c. 1994).^[8][9] The first marriage ended in divorce.^[9] According to Raf Schouten, M'Barek often went by the name "Sarah" and her children knew her by that name.^[7] Schouten also believed M'Barek was working as a prostitute even during their short, unhappy marriage. M'Barek rarely saw her children who live at the French Riviera with their paternal grandmother.^[5][6]

In 1993, M'Barek posed naked in Playboy. She later worked for an escort agency at the French Riviera and was looking for a permanent arrangement with one of her wealthy clients after her recent divorce when she, under the name "Sarah", met the twice-divorced Earl of Shaftesbury in late 2001.^[2][5][10] Catherine Gurtler, a former madam from Paris who sent M'Barek to the Earl of Shaftesbury, later testified that M'Barek asked for rich clients and that she "saw plenty of big-name celebrities during her days working for the agency". According to Gurtler, M'Barek hoped to settle down with an affluent and famous man.^[11]

Marriage to Lord Shaftesbury

M'Barek and Lord Shaftesbury were married at Hilversum in the Netherlands on 5 November 2002.^[9] The wedding was first scheduled for spring 2002, but the Earl "felt something was not right".^[5] To the disappointment of his family, he became infatuated with M'Barek, buying her a flat in Cannes for £500,000 (£610,000 in present-day terms)^[12] and transferring other properties into her name after they married.^[13] The new Countess of Shaftesbury, Lady Ashley of Wimborne St Giles and Lady Cooper of Pawlett claimed to be pregnant with his child; the Earl included her in his will, naming her the heiress of his properties in Ireland and France, but a child was never born to the couple.^[10] During her trial, the Countess claimed that she had had an abortion because of the Earl's alcoholism, while the magistrate said that the pregnancy had never existed.^[14]

By April 2004, Lord Shaftesbury started a new relationship with Nadia Orche, a young mother of two children who has been described as a "club hostess from Cannes" and a "Moroccan prostitute".^[15] According to Orche, Lord Shaftesbury was planning to marry her after getting a divorce from his third wife.^[9][15][16]

Lord and Lady Shaftesbury separated in April 2004 and divorce proceedings were set in motion. By that time, he had given her a windmill in the Gers region of southwestern France, the €700,000 duplex in a villa in Cannes, which included staff, a 4x4 car, and a monthly allowance, ranging between €7,500 and €10,000. Lord Shaftesbury wanted to end this arrangement and the marriage so that he could marry Orche. While the Earl was discussing his desire with the Countess, a fight broke out between him and his brother-in-law, Mohammed M'Barek. Lord Shaftesbury died during the fight when Lady Shaftesbury's brother strangled him, breaking his neck.^[17]

Confession and arrest

Théoule-sur-Mer in France where the body of Anthony Ashley-Cooper, 10th Earl of Shaftesbury, was found

In February 2005, Jamila M'Barek was admitted to a psychiatric hospital, where she had an emotional breakdown and began confessing to her involvement in her husband's death. When interviewed by police, she claimed that Shaftesbury had been beaten to death by her brother during a fight at her flat in Cannes.^[18]

According to Lady Shaftesbury, her brother placed her husband's body in the boot of his BMW and left it in an unknown place. She was arrested on 25 February 2005 and her brother was arrested by German police the following day at his home in Munich. He was later extradited to France, continuing to deny his involvement and knowledge of the location of Lord Shaftesbury's body.^[17]

On 7 April 2005, a body in an advanced state of decomposition was discovered by the French authorities in a valley at Théoule-sur-Mer, Alpes-Maritimes, on the outskirts of Cannes.^[19]

In June 2006, pre-trial proceedings began in Grasse. Lady Shaftesbury told the court that she was not with her brother when he disposed of the body. She stated that she had never been to the site and claimed that she had no role in the murder other than helping her brother, under duress, load the body into his car. She told investigators, "I did not want him to die. I just wanted my brother to intimidate him so that he would continue to pay me my allowance. But he didn't want to have anything to do with it, so a violent quarrel broke out. I left the room because I could not stand to see what was happening".^[6][20]

Trial

Palais de Justice de Nice, France; Court Hall in Nice, France

On 22 May 2007, the trial of Lady Shaftesbury and Mohammed M'Barek opened at the Palais de Justice in Nice, two-and-a-half years after the death of the 10th Earl of Shaftesbury. The presiding judge of the jury trial was Nicole Besset, with Jean-Louis Moreau, serving as the state prosecutor. The Countess of Shaftesbury was represented by attorney, Franck De Vita.^{[2][21][22][23][24]} A forensic examination of the skeletal remains revealed injuries, including a broken ankle and a double fracture to the larynx, which indicated strangulation as the cause of death. At times, both Lady Shaftesbury and her brother admitted their involvement in the death of Lord Shaftesbury and the French authorities decided to charge both her and her brother with the crime of premeditated murder.^[17]

Fearing that her Arab ancestry would alienate the jury, the defendant demanded to be referred to by the title she had legally gained when she married the Earl, much to the dismay of his family.^[22]

Magistrate's investigative report

The trial began with a presentation of the investigative report, which was read to the court by Jean-Louis Moreau, the state prosecutor.^[21] The report described the Countess as "an escort girl who loved the high life" who "chose the life of a kept woman, with multiple affairs with men she chose for their bank accounts and their assets".^[25] Having struck gold when she married the 10th Earl of Shaftesbury, she then faced "looming financial disaster" in the event of a divorce and set out "consciously and without constraint, to accomplish his assassination".^[25]

Refusing to be dissuaded from her desired inheritance, she continued to maintain her belief throughout the trial that she was entitled to a share of her late husband's £6million fortune, including the family estate at Wimborne St Giles.^[11]

Defence statements

Lady Shaftesbury discounted the investigative report and stated that her marriage to Lord Shaftesbury "was a curse", describing her husband as "a loner" who "had no friends" which is why "he drank a lot".^[1][26] She portrayed him as a "violent, sex-crazed alcoholic, hooked on cocaine".^[1][26] While she freely admitted that her brother had indeed killed her husband, she testified that it was all an accident. Her brother presented a similar defence.^[1][26]

There was blood on the floor. I did not know if it was my brother or my husband's blood. My brother could not believe my husband was dead.^[1][26] —Jamila M'Barek

She further admitted that after her husband was dead, she helped her brother load his body into the trunk of his black BMW. She prefaced this admission with additional claims.^[1]

He forced me to put the body in the boot of the car. He forced me to follow him as I thought we were going to a hospital. Then he asked me to go away.^[1][26]

—Jamila M'Barek

The French authorities suspected that there was a conspiracy to murder Shaftesbury, when they discovered that the Countess transferred €150,000 into her brother's bank account the week following her husband's disappearance. The prosecution viewed this as payment for services rendered, although Lady Shaftesbury testified that she had given her brother the money in order for him to buy a house for their ailing mother.^[27][28]

In her defence, Lady Shaftesbury denied any financial motive in wishing her husband dead and claimed that she had no need of his fortune, stating that she had "always been prosperous".^[28] She testified that the source of her prosperity was the generosity of wealthy individuals who were prepared to pay for her company. The Countess, who claimed to be "extremely close" to Prince Albert II of Monaco,^[11] named the actors George Clooney and Bruce Willis and former tennis player Björn Borg as her former clients.^[1] All three individuals denied ever meeting Jamila M'Barek and declined to attend court to comment on her allegations or serve as character witnesses.^[29] Lady Shaftesbury vowed revenge, additionally stating, "I was always loyal to the men who were close to me, but they did not want to know me when I was facing the biggest trial of my life. Most were too scared to appear because they are ­married or have steady girlfriends but with their help I could have been cleared".^[30]

The Countess of Shaftesbury further stated that the arguments she had with her husband had nothing to do with money, but rather arose as a result of Lord Shaftesbury's excessive sexual demands brought on by his seemingly endless injections of testosterone.^[27] Throughout the trial, her lawyer, Franck De Vita, continued to declare her innocence. "I am convinced Jamila will walk free".^[22]

Conviction and sentencing

The strongest piece of evidence presented by the prosecution were details revealed in a secretly recorded telephone conversation between the defendant and her sister, Naima, in which Lady Shaftesbury discussed £100,000 (€150,000) blood money paid to her brother. She additionally recounted precisely how she was going to blame her brother for her husband's death.^[1][31][32]

The wire tap also uncovered the truth about Lady Shaftesbury's visit to the remote spot where her husband's body was found. This was supported when downloaded records from the GPS tracking device in her cellphone provided details that she (or at least her cellphone) had been there two days prior to Lord Shaftesbury's death.^[1][31][32]

On 25 May 2007, after deliberating for two hours, the jury returned guilty verdicts against both brother and sister. Lady Shaftesbury and her brother Mohammed M'Barek were each sentenced to 25 years in prison. Under French law, they each have an automatic right to appeal their conviction, which results in a retrial of the case.^[27]

On 4 February 2009, M'Barek appeared in a court in southern France to appeal her conviction. After the jury deliberated for four hours, her sentence was reduced from 25 to 20 years at a court of appeal in the French city of Aix-en-Provence.^[33]

References

1. ^ ^{a b c d e f g h i j} Allen, Peter (2007-05-23). "Marriage to earl was cursed, says wife accused of plotting his murder". Telegraph. http://www.telegraph.co.uk/news/worldnews/1552404/Marriage-to-earl-was-cursed-says-wife-accused-of-plotting-his-murder.html. Retrieved 2010-07-16. 
2. ^ ^{a b c} Sage, Adam (2007-05-26). "Earl's widow and her brother get 25 years in jail for murder". London: The Sunday Times. http://www.timesonline.co.uk/tol/news/world/europe/article1843268.ece. Retrieved 2010-08-14. 
3. ^ ^{a b} Sandford, Alasdair (2007-05-25). "Sex and money tale of earl's murder". BBC. http://news.bbc.co.uk/2/hi/uk_news/england/6693813.stm. Retrieved 2010-08-14. 
4. ^ Allen, Peter (2007-05-25). "Earl's son calls stepmother 'evil'". Telegraph. http://www.telegraph.co.uk/news/worldnews/1552619/Earls-son-calls-stepmother-evil.html. Retrieved 2010-08-15. 
5. ^ ^{a b c d e} Duval Smith, Alex (2006-06-09). "Fall from grace". London: Guardian. http://www.guardian.co.uk/uk/2006/jul/09/ukcrime.france. Retrieved 2010-08-15. 
6. ^ ^{a b c d} Allen, Peter (2007-05-26). "Prostitute who killed for money". BBC. http://www.telegraph.co.uk/news/worldnews/1552710/Prostitute-who-killed-for-money.html. Retrieved 2010-08-14. 
7. ^ ^{a b} "L'affaire de Jamila M'Barek ce soir sur France 2". babnet. 2010-04-17. http://www.babnet.net/festivaldetail-27258.asp. Retrieved 2010-08-14. 
8. ^ "Clooney, Willis and Borg were my lovers, says wife accused of murdering Earl". London: Daily Mail. 2007-05-20. http://www.dailymail.co.uk/femail/article-456323/Clooney-Willis-Borg-lovers-says-wife-accused-murdering-Earl.html. Retrieved 2010-08-14. 
9. ^ ^{a b c d} "Lord Shaftesbury's Obituary". Telegraph.co.uk. 2005-04-21. http://www.telegraph.co.uk/news/obituaries/1488272/The-Earl-of-Shaftesbury.html. Retrieved 2010-08-14. 
10. ^ ^{a b} Moreton, Cole (2007-05-24). "Fortune-seeking widow 'got what she deserved'". Independent.co.uk. http://www.independent.co.uk/news/world/europe/fortuneseeking-widow-got-what-she-deserved-450595.html. Retrieved 2010-07-04. 
11. ^ ^{a b c} Martin, Louis (2007-05-27). "Black widow plots revenge on ex-lovers". Telegraph.co.uk. http://www.express.co.uk/posts/view/8090/Black-widow-plots-revenge-on-ex-loversBlack-widow-plots-revenge-on-ex-loversBlack-widow-plots-revenge-on-ex-loversBlack-widow-plots-revenge-on-ex-loversBlack-widow-plots-revenge-on-ex-loversBlack-widow-plots-revenge-on-ex-loversBlack-widow-plots-revenge-on-ex-loversBlack-widow-plots-revenge-on-ex-loversBlack-widow-plots-revenge-on-ex-loversBlack-widow-plots-revenge-on-ex-loversBlack-widow-plots-revenge-on-ex-loversBlack-widow-plots-revenge-on-ex-loversBlack-widow-plots-revenge-on-ex-loversBlack-widow-plots-revenge-on-ex-loversBlack-widow-plots-revenge-on-ex-loversBlack-widow-plots-revenge-on-ex-lover. Retrieved 2010-08-14. 
12. ^ UK CPI inflation numbers based on data available from Lawrence H. Officer (2010) "What Were the UK Earnings and Prices Then?" MeasuringWorth.
13. ^ Campbell, Matthew (2005-05-27). "Cold hearts & coronets". London: Timesonline.co.uk. http://www.timesonline.co.uk/tol/news/uk/article1845286.ece. Retrieved 2010-07-15. 
14. ^ Sage, Adam (2007-05-23). "Wife 'lured earl to death at her brother's hands'". London: Telegraph. http://www.timesonline.co.uk/tol/news/uk/crime/article1826844.ece. Retrieved 2010-08-15. 
15. ^ ^{a b} Allen, Peter (2007-05-24). "Lord Shaftesbury feared for his life, says lover". Telegraph. http://www.telegraph.co.uk/news/worldnews/1552506/Lord-Shaftesbury-feared-for-his-life-says-lover.html. Retrieved 2010-07-16. 
16. ^ "Brother-in-law accused of murdering Earl goes berserk in dock". Thisislondon.co.uk. 2004-02-04. http://www.thisislondon.co.uk/news/article-23397603-details/Brother-in-law+accused+of+murdering+Earl+goes+berserk+in+dock/article.do. Retrieved 2010-07-04. 
17. ^ ^{a b c} Alex Duval Smith (2006-07-09). "Fall from grace". London: Guardian. http://www.guardian.co.uk/uk/2006/jul/09/ukcrime.france. Retrieved 2010-07-04. 
18. ^ "Body discovered in Alps was earl". BBC News. 2005-04-19. http://news.bbc.co.uk/1/hi/world/europe/4463279.stm. Retrieved 2010-07-16. 
19. ^ Gimmers, Mof (2008-02-05). "Who killed the playboy earl". Tvscoop.tv. http://www.tvscoop.tv/2008/02/set_the_video_w_23.html. Retrieved 2010-07-04. 
20. ^ Randall, Colin (2006-06-12). "Earl murder suspect shows police where he dumped body". Telegraph. http://www.telegraph.co.uk/news/worldnews/europe/france/1521087/Earl-murder-suspect-shows-police-where-he-dumped-body.html. Retrieved 2010-07-25. 
21. ^ ^{a b} "Widow guilty in Earl murder case". Express.co.uk. 2007-05-25. http://www.express.co.uk/posts/view/8003/Widow-guilty-in-Earl-murder-case. Retrieved 2010-07-25. 
22. ^ ^{a b c} "Call me Lady, says murder case widow". Express.co.uk. 2007-05-22. http://www.express.co.uk/posts/view/7656. Retrieved 2010-07-25. 
23. ^ "'Scandalous' trial of Earl of Shaftesbury's killer". Telegraph. 2007-05-22. http://www.telegraph.co.uk/news/worldnews/1552254/Scandalous-trial-of-Earl-of-Shaftesburys-killer.html. Retrieved 2010-07-25. 
24. ^ Randall, Colin (2005-09-12). "Earl killed in Cannes by wife's brother". Telegraph. http://www.telegraph.co.uk/news/worldnews/europe/france/1498244/Earl-killed-in-Cannes-by-wifes-brother.html. Retrieved 2010-07-25. 
25. ^ ^{a b} Kim Willsher in Nice (2007-05-22). "Opening statements of trial". London: Guardian. http://www.guardian.co.uk/uk/2007/may/23/ukcrime.topstories3. Retrieved 2010-07-04. 
26. ^ ^{a b c d e} Baxter, Sarah (2005-06-12). "The murder, the curse and the DJ earl". London: Timesonline.co.uk. http://www.timesonline.co.uk/tol/news/article532342.ece?token=null&offset=0&page=1. Retrieved 2010-07-15. 
27. ^ ^{a b c} "The Shaftesbury Murder". Everything2.com. 2007-06-24. http://everything2.com/title/The+Shaftesbury+Murder. Retrieved 2010-07-04. 
28. ^ ^{a b} "Marriage to earl 'was a curse'". BBC News. 2007-05-22. http://news.bbc.co.uk/1/hi/england/6680535.stm. Retrieved 2010-07-16. 
29. ^ Allen, Peter (2007-05-21). "Peer's widow asks stars to defend her in court". Telegraph. http://www.telegraph.co.uk/news/worldnews/1552226/Peers-widow-asks-stars-to-defend-her-in-court.html. Retrieved 2010-07-16. 
30. ^ "Black widow plots revenge on ex-lovers". Express.co.uk. 2007-05-27. http://www.express.co.uk/news/view/8090. Retrieved 2010-07-25. 
31. ^ ^{a b} Kim Willsher in Nice (2007-05-22). "Death of the lord who liked bats, birds and brothels". London: Guardian. http://www.guardian.co.uk/uk/2007/may/23/ukcrime.topstories3. Retrieved 2010-07-04. 
32. ^ ^{a b} Samuel, Henry (2008-02-07). "Earl of Shaftesbury's killer 'wants to apologise'". Telegraph. http://www.telegraph.co.uk/news/worldnews/1577943/Earl-of-Shaftesburys-killer-wants-to-apologise.html. Retrieved 2010-07-17. 
33. ^ "Sentence reduced". France24.com. 2009-02-13. http://www.france24.com/en/20090212-shaftesbury-widows-sentence-cut-20-years-appeal-. Retrieved 2010-07-05. 

External links

• Lord Shaftesbury feared for his life, says lover
• Earl's murder by Riviera call-girl is no pulp fiction

Persondata
Name	Jamila M'Barek
Alternative names	Lady Shaftesbury; Djamila M'Barek
Short description	British countess
Date of birth	c. 1961
Place of birth	Lens, Pas-de-Calais, France
Date of death
Place of death