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Mother loses assault conviction appeal

A mother who was found guilty of assaulting a Police officer, obstruction of duties, and use of offensive language lost her appeal this week in Supreme Court.

Juanita Young, 46, of Greenwich Lane, Devonshire was found guilty of the charges in Magistrates' Court on October 23 last year and was fined a total of $1,500.

Crown counsel Shakira Dill argued the punishment should stand.

She told the Court: "The Magistrate decided that the appellant was not acting in self defence of her son, Oshea Saltus.

"The Magistrate did not impose a penalty that was excessive. The sentence was not harsh and excessive and should not be altered."

Defence lawyer Darrell Clarke argued, however, that his client was trying to rescue her son from a beating by a Police officer.

He said: "My client's account correlates with her son's. My client could have been more aggressive and I submit that all charges be dropped.

Mr. Clarke said a Police officer allegedly punched Saltus in the back of the Police car while he was handcuffed and, when they arrived at the hospital, "they threw her son on a security table and had him in a headlock, choking him".

In the summary of evidence, Young told Police: "I just lost it and hit the Police officer."

Chief Justice Richard Ground questioned Mr. Clarke: "The Police officers were taking him to the hospital, not a back room to beat him.

"Are you suggesting that he was taken to the hospital for further beatings?"

Mr. Clarke replied: "If I have to suggest that, I will. Those are my instructions."

He said the beatings occurred on the way to the hospital, where the officers dragged him into the hospital by his neck.

"I feel this is so obvious what our case is and the Magistrate took a very narrow view. I do not think a reasonable Court would accept this."

Mr. Justice Ground said Mr. Clarke's client did not witness what happened in the Police vehicle and dismissed the appeal.

Mr. Clarke told The Royal Gazette: "My client and I are considering whether we should take this to the Court of Appeals.

"There is a lot of Police brutality that happens on this Island and it is time people stood up for their rights and made Police accountable for their actions."

Often defendants are afraid to stand up for their rights, he said. Or they feel that it is a fruitless exercise and, in many cases, it is.

"I am constantly getting instructions from clients that Police beat them up. Nine times out of ten nothing will happen and Police will just say they were resisting arrest."