Three guilty of mob attack
A marathon session at Supreme Court saw three men convicted yesterday of a brutal mob attack, one cleared, and a hung jury in the case of two others.
In a rare move in Bermuda, the jury in the case was sent to a hotel overnight so they can continue to deliberate today on the fate of the two men they could not decide upon.
One of the twelve members of the all-female jury was in tears at the end of the nine-hour session discussing verdicts even before the judge informed them they will be locked in their hotel rooms all night.
And one of the convicted men had to be bundled out of the courtroom by Police and prison officials as he swore at the judge to "shut the f*ck up" and "take me to Westgate!"
All six accused were said by prosecutors to have wounded Temasgan Furbert with intent to do him grievous bodily harm on the night of February 27 2009.
The 23-year-old victim described how he was set upon near his family home in Hamilton Parish by a group of 20 to 25 men. They attacked him using their fists, feet, and a variety of weapons including an electric drill, bats, machetes and a cane.
Mr. Furbert claimed to have seen each of the accused men during the incident, which left him unconscious and with four missing teeth, his top lip hanging off, and machete cuts to his body.
He said Bennett Phipps, 26, pressed the switched-on power drill into skin behind his ear and on his chest, leaving him with cuts. He claimed Kaiwan Trott, 25, kicked him and punched him and hit him with an unspecified weapon.
Mr. Furbert described Kyle Williams Tannock, 28, hitting him in the side with a baseball bat and Detroy Smith, 24, hitting him with a cane. He said Kiwaun Gilbert, 23, kicked him repeatedly. He said Allan Douglas Jr, 22, used a machete to chop his sides.
Prior to attacking him, the mob had smashed the windows of his family home while his sister, brother-in-law and their three young children were inside. All the defendants apart from Smith were charged with wilful damage in respect of that incident.
And Williams Tannock and Douglas faced addition charges of possessing offensive weapons a baseball bat and machete respectively.
The men denied all charges, saying it was a case of mistaken identity, and they were never at the scene.
The jury was first sent out at 11.13 a.m.
They came back at 5.26 p.m and delivered unanimous verdicts of not guilty in respect of all five men accused of wilful damage to the victim's family home. But they were unable to reach unanimous verdicts on the wounding and weapons charges.
Puisne Judge Carlisle Greaves told them at that point he would accept verdicts upon which at least nine of them agreed.
As a result, at 7.30 p.m, they came back in and delivered some more verdicts. They found Williams Tannock Phipps and Gilbert guilty by majority verdicts of wounding Mr. Furbert with intent to do him bodily harm. The majorities were ten to two in respect of Williams Tannock and Phipps and nine to three in respect of Gilbert.
Fingerprints from the three men convicted had been found on helmet visors recovered from the scene. They were all remanded into custody pending sentence. Williams Tannock reacted by shouting and swearing at the judge and being escorted straight to the cells by some of the many prison guards and Police in the courtroom.
The jury cleared Mr. Trott of the wounding charge, and he walked free from court, commenting as he left:"I am happy with my verdict, but not everybody else's. Nobody did anything wrong."
The jury was unable to reach a verdict upon which at least nine of them agreed in respect of Smith and Douglas and told the judge at 8.04 p.m that they wanted to be sequestered overnight in a hotel so they can continue deliberations today.
Mr. Justice Greaves told them he was not allowed to reveal which hotel they would be sent to. He also told them: "The bailiff is going to have the key to your room. You get locked in and he keeps the key and he keeps guard."
He also banned the jurors from listening to the radio, watching local TV news, having cell phones or computers, consuming alcohol and ordering room service.
"No funny smokes either, in case anyone likes funny smokes!" quipped the judge.
The jury members were told they would not be allowed any visitors, and were not allowed to speak to their families although they may send notes via the bailiffs looking after them. They were warned that their overnight bags to be brought to them by court staff were subject to search.
"Your deliberations must cease until I give you further instructions tomorrow," warned the judge before they filed silently from the courtroom. The deliberations are due to resume at 9.30 a.m today.
Smith and Douglas were granted bail until then. See tomorrow's edition of The Royal Gazette for the full story, and watch www.theroyalgazette.com for breaking news updates throughout the day.
