Harris acted in self-defence, judge tells jury
An 18-year-old accused of stabbing another woman onboard the last summer was found not guilty yesterday at the close of the Crown's case.
Felicia Sasha Renee Harris was charged with unlawfully wounding Ariaa Marshall with the intent to do her grievous bodily harm on July 2, 2005 while on a BermyNET cruise. The jury heard in the three-day trial that a fight broke out because a young woman was angry that Ms Harris was talking to her boyfriend.
Puisne Judge Carlisle Greaves told the jury that based on the evidence they heard ? that Ms Harris was assaulted several times and had several women beat her up at once ? the defendant acted in self-defence, if she did stab the complainant. Ms Harris maintained that she never had a knife after the verdict was handed down.
Before Justice Greaves gave the jury their instructions they heard a tape recording of an interview conducted by Det. Con. Don DeSilva with Ms Harris on July 2. In the interview Ms Harris denied that she stabbed Ms Marshall.
When she was informed that she was being arrested she started crying and said: "You mean I have to go to the Hamilton Police Station for this and stay in custody? How long do I have to stay? You mean this is going to stay on my record? I'm supposed to be going to school in September.
"I am gonna get in trouble with my mum, she told me not to get involved. I knew this was going to happen. I knew they were going to blame me, I didn't stab her."
Later in the interview Ms Harris explained that a girl punched her on the boat because she was mad that Ms Harris was calling her boyfriend. A friend intervened and Ms Harris then went to the bathroom to calm down.
When she emerged Ms Marshall and a group of women, who are friends with the young woman who initially punched her, began yelling and threatening her.
"They were telling me I was going to be beat up after the cruise," she said.
Ms Marshall then punched her in the face, something Ms Marshall admitted on Tuesday. Bouncers broke up the fight and placed Ms Marshall in an air-conditioned room and Ms Harris in another room while an unrelated riot broke out on the boat.
About 40 minutes later Ms Marshall and some friends burst into the room Ms Harris was in. Ms Marshall proceeded to climb across some seats and punch Ms Harris again. On Tuesday, Ms Marshall admitted that even after a cooling off period she sought Ms Harris out again and began punching her. She also said that Ms Harris did not strike back but put her arms up to protect herself. The jury heard that along with Ms Marshall there were several women in the room hitting out at Ms Harris.
At the close of the Crown's case defence attorney Elizabeth Christopher asked the judge to direct the jury to deliver a not guilty verdict because even if her client had wielded the knife, which she denied, the Crown's witnesses presented a case for self defence. Mr. Justice Greaves agreed.
When the jury returned he explained that points of law and went through the evidence.
"Faced with a situation like that what would you do?" he asked the jury.
He said under law Ms Harris acted in self defence. He added that some jurors may question the extent to which Ms Harris acted in self defence, if she did stab Ms Marshall.
"If you've got a bundle of girls on top of you beating you and yelling at you that they were going to beat you again when you got off the boat what would you do? If the person being assaulted believes their life is at risk the law allows them to use more force defending themselves."
When the jury delivered the verdict people began cheering and many broke into tears. Even after the not guilty verdict Ms Harris maintained her innocence and Ms Christopher said her client did not stab Ms Marshall. Throughout cross examination Ms Christopher questioned witnesses about another individual who was dressed in an almost identical outfit as Ms Harris. She asked witnesses if it was not the other woman who had the knife. The jury also heard testimony from a bouncer who stated he saw a woman dressed in a similar outfit to Ms Harris toss a knife overboard before disembarking the boat at Albuoy's Point.
Before everyone left the Supreme Court Mr. Justice Greaves added that he hoped all the young women involved had learned their lesson. "Is it really worth it, these little boyfriends you fight over?" he asked. "These little boys on the Island are doing nothing and you're fighting over them?"
