Was it murder on the Riviera or a tragic error?
December 10th, 2007HE WAS a peer of the realm, a “philanthropist who specialised in rescuing lap-dancers”. She was a night club hostess of Tunisian origin - and their meeting and eventual marriage would result in death, deceit and a remarkable murder trial.
Fighting back tears in a French court yesterday, Jamila M’Barek denied paying her brother to strangle her husband, the Earl of Shaftesbury, a flamboyant millionnaire aristocrat, in order to get her hands on his fortune.
In a lengthy, emotional and, at times, rambling testimony, the glamorous blonde insisted she had not married the earl for money and said marrying him had brought about a “curse”.
“I loved this man,” M’Barek told the court. “He brought me peace. He was for me a lover and a father.”
The 45-year-old told the packed Nice courtroom that Anthony Ashley-Cooper, the 10th Earl of Shaftesbury - a playboy with a penchant for lap-dancers whose decomposing body was found on the French Riviera last year - had died accidentally during a drunken fight with her brother, Mohammed M’Barek, 43, who stands accused of his murder.
The body of the 66-year-old earl was found hidden in undergrowth in a ravine between Nice and Cannes on 5 April 2005, five months after he vanished.
Prosecutors say Jamila M’Barek, who married the earl in Holland in November 2002 after convincing him she was pregnant to him, had feared that divorce would threaten her valuable inheritance and luxury lifestyle if her husband cut her out of his will. They will argue that she persuaded her brother to strangle her husband.
Mohammed M’Barek, who was extradited from Munich in Germany in 2005, initially denied involvement, but later told police that he had accidentally strangled the earl during an argument. Asked about the events of 5 November, 2005, Jamila M’Barek told the court an argument blew up between her brother and her husband - who were both drunk, she said - after Mohammed tried to embrace the earl in greeting. The earl recoiled, and an argument ensued which escalated into a fight, she said, with the pair struggling on the floor.
She said: “It was an accident between two people who had been drinking, that’s it, quite simply.”
She told the court of her horror at the killing, saying she could not tell whether the blood on the floor was her brother’s or her husband’s. Mohammed threw up, she said, and kept repeating “I love you Anthony.” After the fight, she said her brother forced her to help him to put the earl’s body into the boot of his convertible BMW.
She said: “Money was never an issue at home. I was brought up to give, not to take. I had always been prosperous.
“Marrying him was a curse. God bless his soul. I am speaking from my heart. It’s a tragedy, a curse, I feel it every moment of my life. I have had enough of money, but this trial is obsessed with money, money, money.”
She said: “He was a loner. He had no friends, nobody to talk to. He lacked love, so he drank a lot. Deep down we are simple people. This was a curse.”
Jamila M’Barek’s testimony was twice interrupted by furious outbursts from her brother, who sat beside her in the dock.
At one point, Mohammed M’Barek stood up, shouting and gesticulating at the presiding judge, and threatened to leave the court.
“I am innocent. My sister is innocent,” he told court reporters in a dramatic outburst before the opening of the trial.
“It was just an accident,” he said before railing against French prison conditions.
Mohammed M’Barek admitted being in Cannes on the night in question, telling them he had fought with the earl and had killed him “without wanting to” during an argument over a debt of 100,000 (68,000). “For two and a half years I have been in prison for nothing, for a punch,” he told reporters yesterday.
The court must decide whether this version of events is correct, or if - as the judge, Catherine Bonnici, has concluded - the aristocrat walked into a carefully laid trap designed to ensure his disappearance just as he was preparing to divorce Jamila M’Barek.
Philippe Soussi, the lawyer representing the earl’s family said: “Jamila M’Barek, at a given moment, considered that she was going to lose everything in the separation from Anthony Ashley-Cooper. It was at that moment that the idea was born to have him eliminated by her brother.”
Jamila Barek’s lawyer, Franck de Vita, who is pleading for his client to be acquitted, says she is innocent. “I will show that she was the one who asked for a divorce, because of the earl’s dissolute lifestyle over the last months.”
The earl, a heavy drinker who developed a reputation as an international playboy with a particular penchant for lap-dancers and nightclub hostesses, divided his time between his homes in London and the Hove seafront and on the French Riviera, where he led a colourful and largely nocturnal existence.
He also owned an apartment in Versailles, which boasted a collection of antique furniture valued at over 3 million, and a country home near Toulouse.
More than 200 mourners turned out for the peer’s funeral in his home village of Wimborne St Giles, Dorset, in September 2005.
Born Anthony Ashley-Cooper in 1938, he inherited his ancestral title and 9,000-acre Dorset estate at the age of 22, on the death of his grandfather, the ninth earl.
His father died before he could inherit the title, but not before shocking “society” by marrying a chorus girl.
The 10th earl developed a taste for exotic women and high living at an early age - as a teenager at Eton he wrote mockingly of women from his own background, describing them as “round-shouldered, unsophisticated garglers of Champagne”.
After finishing his education at Oxford, the 28-year-old earl married an American divorcee 12 years his senior, who divorced him ten years later because of his adultery.
Lord Shaftesbury then married the daughter of a Swedish ambassador, Christina Cassell - the mother of his sons Anthony and Nicholas.
The couple stayed together until 2000, when, badly affected by the death of his mother, the earl moved out of the ancestral home and began pursuing a bachelor lifestyle.
At the time of his death, he had been living apart from M’Barek, who was his third wife. From hotels of Nice to a horrific discovery in foothills of the Alps
THESE are the key dates and events surrounding the Earl of Shaftesbury’s murder:
2004
3 November: Anthony-Ashley-Cooper, the 66-year-old tenth Earl of Shaftesbury, arrives in Nice. He is expected to holiday in Antibes and return to the UK on 10 November.
4 and 5 November: He contacts friends and family for the last time.
5 November: The earl has a meeting in Cannes with his third wife, Jamila M’Barek, 37. The pair are said to be in the process of divorcing, although there are reports the earl wants a reconciliation.
6 November: He checks into the four-star Noga Hilton in Cannes - the last time he is seen. Police in Sussex and France launch an inquiry after his family and his girlfriend, a 33-year-old hostess from Cannes, raise concerns for his welfare.
18 November: Police make a public appeal for information through local newspaper Nice Matin.
21 December: Police confirm they are treating the hunt for the Earl as a murder investigation.
2005
25 February: Jamila M’Barek is arrested in Cannes and placed under investigation by a judge for murder, a step short of formal charges. Her brother, Mohammed M’Barek, 40, is questioned at his home near Munich, Germany.
5 April: Skeletal remains are discovered in a deep valley in the foothills of the Alps 30 miles outside Nice. DNA tests confirm they are the remains of the earl.
May: Mohammed M’Barek is extradited to France and formally arrested.
September: Mohammed M’Barek admits having killed the earl “accidentally” during a drunken argument. M’Barek denies that the attack was premeditated.
2006
June: An investigative magistrate stages a reconstruction of the earl’s death to help ascertain whether the killing was premeditated.
2007
May: The trial of Jamila and Mohammed M’Barek for the earl’s murder begins in Nice.

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