Stalker to be sent for psychiatric testing

By Leon Symons, December 3, 2009
Elliot Fogel hides his face as he is driven away from court

Elliot Fogel hides his face as he is driven away from court

A man who persistently stalked a young mother has been ordered to undergo a psychiatric assessment before a judge determines his sentence.

Elliot Fogel, 34, formerly of Edgware but now living in Isleworth, appeared at Wood Green Crown Court on Monday for sentencing. At an earlier hearing, he pleaded guilty to storing material on his computer that broke an indefinite restraining order banning him from any contact with the mother, Claire Waxman.

The material included 40,000 searches for Mrs Waxman on Google; her wedding picture, which appeared on his desktop; and her new home address.

The order also banned Fogel from approaching her home, her place of work and her parents’ home.

Fogel has been stalking Mrs Waxman for six years and has made a number of court appearances for breaches of the order. They met when both were studying A-levels at a college in St Albans. They left in 1993 and there was no contact for 10 years until May, 2003, when Fogel sent her a bunch of flowers.

This was followed by a series of anonymous e-mails and then telephone calls to her mobile in the middle of the night.

This led to his arrest and first appearance at Brent Magistrates’ Court in July, 2005, when he arrived with a giant teddy bear and made himself sick in court.

The banning order was made in February, 2006. He appeared again in April, 2007, when he was given a 13-week prison sentence suspended for a year and ordered to pay a total of £4,500 damages.

Andre Jumabhoy, counsel for Fogel, told Judge Morrison that one report on Fogel said that the only option was that he should be imprisoned. But he asked for an adjournment to allow further investigation.

Kwame Biney, prosecuting, told the court that the defence had asked for a psychiatric assessment at the hearing six weeks ago when Fogel pleaded guilty.

“I would wish that the matter was dealt with today,” said Mr Biney. “Every adjournment brings further stress to those who are complaining about this man.”

Judge Morrison ordered an adjournment until January 18 to allow the compilation of a psychiatric report.

The judge gave Fogel a clear warning about his behaviour: “By your admission and the history of your conduct towards the complainant, it’s quite clear the professionals who assist judges are very worried about what lies behind that conduct.

“I am told you are prepared to be co-operative. If you don’t co-operate you will return to this court and things will be that much worse for you.”

Last updated: 4:58pm, December 3 2009