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Around the Courts

A Warwick man received a $100 fine on Wednesday in Magistrates' Court for not wearing a seatbelt, after he stopped to report a crime to Police.

Vaughan Marischal Smith, 37, of Warwick pleaded not guilty to not wearing a seatbelt.

Crown counsel Carrington Mahoney told the court that on September 12, Smith stopped to report a fight. Police noticed he was not wearing his seatbelt, and then discovered there was a warrant out for his arrest.

"Yesterday, I witnessed a fight and I was reporting a crime," Smith told Senior Magistrate Khamisi Tokunbo. "I forgot to pay a fine. When police stopped me I tried to put my seatbelt back on and get back to the crime I was reporting, but they weren't interested."

Smith said he didn't appreciate what had happened to him since he was only doing his civic duty.

"I spent all night in jail," he said. "This is what happens to someone who reports a crime. The police are always asking why people don't report what goes on. This is why. I had two boys, one was eight years old and the other was 14. Police just left them there."

The Senior Magistrate told Smith, "Don't be committing a crime when you report a crime."

Smith, however, said it was just a ticket he'd forgotten to pay, but the Senior Magistrate said the warrant was actually more serious than that, assault.

"I pleaded not guilty to assaulting my wife, Amanda Smith, and she dropped that a long time ago," said Smith. "We are still married."

"Nothing is dropped as far as the court is concerned," said Senior Magistrate Tokunbo.

Smith was told to bring his wife with him to court for a mention on September 22. His trial was set for October 19.

A 24-year-old Pembroke man who fractured a police officer's wrist was given two years in prison in Magistrates' Court yesterday.

Gladwin Tico Smith, 24, of Middle Town Lane pleaded guilty to wilfully obstructing Police Officer Sam Frasier Smith while carrying out his duties, violently resisting arrest, escaping custody, and assaulting Pc Smith and doing him bodily harm.

Junior Crown Counsel Takiya Burgess told the court that on August 5, at 11.15 p.m. police noticed a motorcycle driving very quickly down Front Street.

"The bike was being driven by a female, and Smith was a pillion passenger," said Ms Burgess.

"When the officers drove after the bike, the two looked back and then sped up. A high speed chase began which ended up on Curving Avenue."

Near a bakery, the female rider lost control of the bike, but the defendant got up and ran away.

"Police were very surprised by this as it looked as though the two had received serious injuries," said Ms Burgess. "They had to help the female passenger who was screaming for help.

"Police shouted 'stop', but Smith ran along a dark footpath. He tripped and fell at least twice, before a police officer grabbed his arm to cuff him. He resisted, wrestling free."

Smith fled again, but this time tumbled down a steep flight of steps. As the officer tried to cuff him a second time, the two began a violent struggle.

"The officer managed to block most of the blows, but at one point was struck very hard in the face," said Ms Burgess.

"Smith also landed on the officer's wrist at one point, which was later revealed to be fractured."

Smith later lost consciousness and was hospitalised for five days.

When police confronted him, he said he had no memory of the incident before waking up in hospital. He disappeared, until he was arrested on another matter. He is now serving three years in prison for something else. Smith apologised for wasting the court's time.

"I would like to put everything behind me," Smith said.

Smith received six months in jail for obstruction, and six months for resisting arrest, three months for escaping custody, a year for assaulting the officer, and two years for causing bodily harm, sentences to run concurrently.

A 43-year-old Portuguese national who needed a translator in court received an $800 fine and driving disqualification for driving drunk, yesterday in Magistrates' Court.

Carlos Machado of St. John's Road, Pembroke pleaded guilty to riding a motorcycle while impaired by alcohol.

At the beginning of court proceedings, a man stood up and asked to be Machado's interpreter as Machado did not speak English.

After being sworn in, the translator was asked to read the charges to Machado. "Oh he knows all that," the translator said.

"Please read it to him anyway," said Senior Magistrate Khamisi Tokunbo. He also gave the translator the Crown Counsel's printed version of events to read to Machado. "Tell him a story," the Senior Magistrate said.

Crown Counsel Cindy Clarke told the court that on 13 August police noticed Machado riding an auxiliary cycle in an erratic way on Burnaby Street.

"They stopped the defendant and asked him if he had been drinking," said Ms Clarke. "He said yes ? he understood ."

Police noticed that Machado's speech was slurred and his breath smelled of alcohol. His breathalyser reading was 101 milligrams of alcohol in 100 millilitres of blood.

"When he answered to bail, he said he was sorry," said Ms Clarke.

Machado was given until September 29 to pay his fine or spend 80 days in prison by default.

A 22-year-old Pembroke man quickly reversed not guilty pleas to numerous traffic offences yesterday when he found out that he was going to be remanded in custody until his identity could be verified.

Ralphel Simons pleaded guilty to driving an unlicensed vehicle, not having a driver's licence and having no third party insurance. At first he pleaded not guilty to driving without due care and attention, but later changed this plea to guilty saying that some of the tickets hadn't spelled his name correctly, and there were other identity errors on them.

When he found out he would have to be remanded in prison overnight while police verified his identity, he said, "Sir, I'd prefer not to be remanded. I will just plead guilty and pay the fines."

Senior Magistrate Khamisi Tokunbo said he was reluctant to accept the change in plea, because Simons had numerous traffic offences dating back several years, and had warrants for his arrest because he had not shown up to court.

"If I let you plead guilty then you are accepting all the fines that go with them," said Senior Magistrate Tokunbo.

"I can pay them today," Simons said.

The Magistrate then handed out $2,600 in fines for various traffic offences dating back to 2004 ? which Simons had pleaded guilty to ? including fraudulent use of documents, driving without due care and attention, no driver's licence, having an unlicensed vehicle, and not having third party insurance.