Social inquiry report ordered on teen who used offensive words
A teenager who used racial slurs towards a Police officer apologised in Magistrates' Court yesterday for his behaviour, saying it "disgusted" him.
Michael Coles Diel admitted using offensive words, telling an officer who placed him in handcuffs: "You n*gger, get me out of these f*cking things n*gger. I am going to f*ck you up n*gger. You don't know who you are messing with. My dad's a lawyer."
The 19-year-old is the son of Mark Diel, a partner in Bermuda law firm Marshall, Diel & Myers.
The teenager also pleaded guilty to violently resisting arrest and refusing to take a breathalyser test.
Diel, who resides on Harbour Road, Warwick, denied having care and control of a cycle while impaired, racially harassing a second male officer and escaping Police custody. No evidence was offered by the Crown on these charges meaning they will lie on file and will not be prosecuted unless a decision is made at a later date.
He was represented by lawyer Richard Horseman who said the incident was out of character. As evidence, he highlighted Diel's girlfriend, who is of "Indian descent", and the fact that his client has one black and one Portuguese boy within his close network of friends.
In court yesterday Diel said: "I would like to apologise to the Police officers publicly and in court for what I said. I realise they are just doing their jobs and they shouldn't have to put up with this. I apologise to the court, when I learnt what I had said I was disgusted by it."
He continued: "I am not a racist. I have embarrassed my family and my friends. These words have never been accepted in my house or around me. This will never happen again."
The court heard that at 2.20 a.m. on August 26, Diel was seen by an off-duty officer at Ice Queen in Paget.
Diel, who appeared intoxicated, was annoying other patrons and being a nuisance. The officer approached the teenager, who was on the ground, and told him to stand up.
It was then he noticed Diel had cycle keys in his hands and found it difficult maintaining balance. Diel also had a strong smell of intoxicants on his breath and glazed eyes.
Diel was cautioned for being in care of the cycle while impaired and replied: "Boy, do you know who my daddy is? He will have your f*ck*ng job." The officer tried to put handcuffs on the teenager, who violently resisted. And when the officer asked Diel to give a sample of breath for analysis, the teenager said "blow me".
According to Crown Counsel Cindy Clarke, these remarks demeaned the officer and were heard by other members of the public.
Diel was then driven to Hamilton Police Station where he continued uttering racial slurs. Upon arrival, he was made to stand in the corridor. He allegedly pushed past an officer and tried to escape the building, but ran into a Police vehicle and fell to the ground, injuring himself in the process. He was arrested and kept in prison overnight.
Said Mr. Horseman: "This whole incident has really devastated the Diel family. It was an incident that occurred that was completely out of character for Michael.
"Michael doesn't have a clear recollection of what happened that night, but obviously alcohol had a role. He accepts the officers saved him from serious injury and even worse.
"There is no way to minimise the hurts of the officers themselves, Michael understands that. He is at a lost as to why he was to use these types of words except to lash out and use the most hurtful comments he could have possibly come up with."
Mr. Horseman told the court that Diel had a psychiatric history and was prescribed medications for such problems. He added that the medication, coupled with alcohol, may have caused his client's reaction.
Senior Magistrate Archibald Warner said: "Though he is not charged with the racial slurs, the offensive words still remain under a racist nature. In terms of choosing the racist words, he specifically referred to one group as a n*gger, and another group as a Paki n*gger. Even under the influence of liquor it seems specific and intended."
Mr. Warner continued: "There is no doubt these are serious matters in this climate the attitude towards the Police and these racially offensive words."
Diel faces a maximum sentence of six months' imprisonment and/or a $2,880 fine for uttering offensive words. The penalty is the same for violently resisting arrest.
He faces a further $1,000 fine and/or 12 months' imprisonment for failing to provide a sample of breath and could be banned from all vehicles for anywhere between one and five years.
Mr. Warner ordered a full Social Inquiry Report for Diel and extended his bail of $5,000, with one surety. Diel is to reappear in court for sentencing on September 14.
