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Alleged beating victim charged with assault

A young father who claimed he was beaten by Police in an unprovoked attack appeared in court yesterday accused of assaulting an officer and violently resisting arrest.

Troy Smith, 28, pleaded not guilty to possessing a weapon, namely a wooden pole, in a public place; assaulting an officer causing bodily harm; violently resisting arrest and using offensive words. The charges relate to an incident outside Smith's family home in Plaice's Point Road, Spanish Point, in the early hours of July 4, when two Policemen arrived to deal with a domestic dispute.

Smith alleged that he was kicked in the face by one of the officers. He was treated at King Edward VII Memorial for a broken nose, two broken cheekbones, a broken bone above one of his eyelids and a sprained jaw.

He filed a grievance with the Police Complaints Authority (PCA), while Bermuda Police Service launched a criminal investigation into his claims and removed both officers from operational duties.

Last night, Deputy Police Commissioner Mike Jackman said: "The investigation is continuing and is expected to be completed very shortly. The allegations made against the officers are separate from any alleged offences committed by Mr. Smith."

Police said in a statement earlier this month that Mr. Smith was acting in a violent manner on July 4 and turned his violence on the officers, before he was subdued with the use of a Taser.

Officers here have been allowed to use the electroshock devices — which send an electrical current to immobilise muscle movement — since late April.

Police Complaints Authority chairman Michelle St. Jane told The Royal Gazette on Monday that the board had received Smith's complaint and been notified by Police about the criminal inquiry.

She said: "The Police Complaints Authority is actively following the use of Tasers and is always gravely concerned when allegations arise concerning Police actions that result in harm to members of the public.

"The members are conscious of the fact that Taser use has drawn international attention — the incident involving the recent death of Raoul Moat in Northumbria, United Kingdom, being a prime example.

"The PCA is concerned to see a thorough investigation of the allegation made by Mr. Smith, as Taser use was said to be a means of last resort short of using a firearm."

Father-of-one Smith was represented in court yesterday by lawyer Llewellyn Peniston, who was holding for his attorney Graveney Bannister. Maria Sofianos represented the Crown.

Magistrate Khamisi Tokunbo released Smith on $3,000 bail and ordered him to return for trial on November 4.