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Thrown bottle almost hits Police car, lands men in court

A man in Magistrates' Court accused of throwing a bottle at a Police car, insisted yesterday that the vehicle had actually driven into the object's path.

Kimani Fubler said he and friend Sergio Robinson were competing on Sunday to see who could land the most bottles in a trash can across the street, when the officers drove by and he narrowly missed hitting their vehicle.

The 34-year-old and Robinson, 18, were yesterday charged with throwing missiles, obstructing Police, and escaping custody.

Crown counsel Larissa Burgess said officers on patrol on Court Street saw Fubler pick up a glass bottle and throw it at their car.

The officers approached Fubler and tried to arrest him but were prevented by a gathering crowd which included Robinson.

Police warned Robinson to "step back" said Ms Burgess. He instead got on a bike and towed Fubler away.

The Crown counsel said Police gave chase through the Middle Town area. Fubler was later seen standing on the roadside without Robinson, and was arrested.

Despite Police questioning, Fubler refused to give the name of his getaway rider although officers were later able to identify and arrest him also.

Fubler told Senior Magistrate Archibald Warner that the incident stemmed from a game he and Robinson were playing outside Swinging Doors.

"[We] were playing a game called 'get it in' where we throw bottles across the street into a trash can for money," he said.

"It was my turn and I threw my bottle and it landed just before the Police car."

He added: "The officers jumped out and tried to arrest me, so I jumped on a bike to avoid conflict.

"I told the guy to stop the bike when we got round the corner so that I wouldn't be around the crowd as I have had trouble with the Police before."

He said the officers aggravated the situation by dousing him with pepper spray instead of listening as he tried to explain his actions.

"I was not trying to resist arrest. I held out my hands so they could arrest me but they sprayed me anyway with pepper spray. They used the whole bottle. I swear my head is still burning."

Mr. Warner suggested to Fubler that the officers might have used the pepper spray because he was part of a crowd of people attacking the officers, and he resisted arrest.

Fubler said he wasn't that dumb.

"Who's gonna throw bottles on Court Street with cameras all around them your Honour? That would be stupid."

Robinson, of Loyal Hill, Devonshire, supported Fubler's story, insisting the pepper spray had been unnecessary.

"We were just having fun after we left the club a little hot," he stated. "Your Honour, you do not have to do much for the officers to say you are resisting arrest. I just wanted to get him away from the crowd."

He added: "When the officers came back to arrest me I went straight to them without hesitation. I wanted to deal with this matter right away. I don't know if you have been sprayed with pepper spray but it don't feel nice."

Fubler was fined $500 for throwing the bottle and escaping custody and Robinson was fined $1,400 for his offences.