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Accused ‘refused Police breath test’

Altercation: Jeff Baron

The criminal trial of a man accused of attacking Senator Jeff Baron continued yesterday, with the court viewing security camera footage of the incident.

Victor Moore Johnston, 46, of Hamilton Parish, has denied assaulting Sen Baron, the Junior Minister for National Security, in an altercation outside the Swizzle Inn on August 27 last year.

Magistrates’ Court heard on Monday that Sen Baron had confronted Mr Johnston in the car park because he believed he was drunk and about to drive his family home.

Sen Baron reached into the accused’s car to turn off the engine, when Mr Johnston allegedly threatened to “kick his a**”.

The senator testified that the accused got out of his vehicle and lunged at him, punching him in the face, before Sen Baron pulled the both of them to the ground.

A security officer in the area pulled the men apart, but only after Sen Baron said Mr Johnston punched him repeatedly. He then told the court that he took the accused’s keys until Police arrived, explaining that he had done so because the security officer had told the defendant to drive home.

He claimed the security guard also assaulted him in an ensuing scuffle, slamming him head first into the hood of the defendant’s car while trying to pry the key from his hands.

Sen Baron suffered a two-inch cut to his right cheek in the altercation, along with scrapes and bruises.

As the trial continued yesterday morning, the court was shown security camera footage of the car park at the time of the altercation.

The black and white video shows a light-coloured vehicle reversing out of a car park and a man, identified as Sen Baron, approaching the driver’s side of the vehicle at the edge of the frame.

A security guard in a reflective vest then approaches the vehicle.

Another figure, identified as the defendant, then emerges into the frame, moving aggressively towards Sen Baron, who appeared to be backing away.

Watching the footage, Sen Baron agreed that the defendant appears to push him on one occasion, but said during a second movement a moment later the defendant had struck him in the face.

Sen Baron is then seen swinging his right arm before both men fell to the ground with only their legs still in frame.

While defence lawyer Charles Richardson said the movement was a punch aimed at Mr Johnston, Sen Baron said he was swinging his arm around the defendant’s head to bring him closer. Also taking the stand was PC Stephen Allen, who was one of the officers who responded to the disturbance.

He told the court that when they arrived at about 11pm, Sen Baron approached and handed another officer a set of keys.

The officer said he interviewed several witnesses in the car park before speaking with the defendant, who he described as being unsteady on his feet with glazed eyes and breath that smelled strongly of intoxicants.

Told by the Police that he was going to be arrested on suspicion of having care and control of a vehicle while impaired, he said: “I wasn’t driving. I was attacked and he took my keys.” Asked if he would provide a breath sample, Mr Johnston responded: “I’m not taking no test.”

Under cross examination, PC Allen accepted that he had not personally seen Mr Johnston driving the car and that the defendant did not have access to the vehicle’s keys when police arrived, but he denied the suggestion that the officers did not have reasonable grounds to demand a breath sample.

He also denied the suggestion that Mr Johnston said that he would take a breath test if Sen Baron would do the same.

The trial is expected to continue today.