Assault trial defendant goes on the offensive
A man accused of assault suggested a Police witness was lying during a Supreme Court trial yesterday.
Lloyd Hilton Smith accused Detective Constable Dave Bird of lying and fabricating the crime scene.
Smith, 53, of no fixed abode, has pleaded not guilty to unlawfully causing grievous bodily harm with intent to Nicole Lambert and depriving her of her freedom as well as being in possession of an offensive weapon, a pipe, on March 1 of last year.
Smith, who is representing himself, suggested that Police planted items at the alleged crime scene.
A gold hoop earring, a metal eyeglass arm, a brown handled knife, a gold chain and a piece of grey and white fibre were found at the crime scene. The complainant later identified all of the items, except the fibre.
?Would you intentionally or knowingly fabricate a crime scene?? Smith asked Det. Con. Bird.
He showed pictures of the Turtle Bay Crescent, Southampton crime scene and asked why it had taken Det. Con. Bird and his partner, Detective Constable Terry Pringle, so long to find the items.
Smith said it took 27 minutes to find the second item after locating the first item. He suggested it took too long because the items were never there in the first place.
Det. Con. Bird said: ?We looked along the whole embankment because we didn?t have a specific area where to look.?
He said the items, some of which were small, were hidden in the grass.
?I would suggest to you that you are lying and it?s offensive,? Smith said. ?I suggest to you that your only intent is to incriminate the defendant.?
Smith claimed he told the Police a ?white guy? had brandished a gun at him and the complainant.
He added that Transport Minister Ewart Brown and the ?white guy? could be suspects in the crime but neither had been investigated.
?After hearing that Mr. Smith was of no fixed abode did you ever refer to the defendant as a degenerate, a low-life?? Smith asked.
Det. Con. Bird told the seven woman, five man jury that the complainant had been ?quite clear? as to who had caused her injuries.
?If I had anything else to investigate that would have shed light I would have investigated it,? he said.
Det. Con. Bird said Smith never mentioned anything about a ?white guy?.
Two doctors who tended to Ms Lambert when she arrived at King edward VII Memorial Hospital the morning of March 1 also appeared as witnesses yesterday.
Dr. Keith McKenzie, an emergency physician, read to the court the report he wrote after attending to Ms Lambert. He said she had bruising to her face and bruising and swelling around both eyes and in front of both ears. She also had blood coming from an opening by her right ear. Bruising was also apparent on her chest and her legs and she had swelling to her right knee, he added.
An X-ray revealed a fracture in her lower left leg. She also had a fracture in her middle finger on her left hand.
?Such injuries occur from an assault,? Dr. McKenzie said after Crown counsel Anthony Blackman asked how the complainant could have received the injuries.
?More than likely it was caused from a blunt object, but it could also be caused from being kicked and punched in a severe matter,? he added.
Smith asked the emergency physician to explain ?in shock? to the court.
Dr. McKenzie said a person could go into shock due to loss of blood which contributes to a drop in blood pressure.
?Was there a possibility that at one point she could have gone into shock once she received a blow out of fear?? Smith asked.
Dr. McKenzie said shock due to fear depended on the person, but he added he had no professional training to comment on the psychological nature of shock from fear.
Based on the X-ray, Dr. McKenzie said, her injuries would not have put her in medical shock.
Dr. Milan Oleksak, the orthopaedic surgeon who attended to Ms Lambert?s fractures, told the court in his report that she was conscious and alert during the examinations at the hospital.
He added that her injuries were received due to significant force and the bruises on Ms Lambert?s body were a result of direct impact.
The case, before Assistant Justice Archibald Warner, continues today.
