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Man accused of gasoline attack says he was drinking, has little recollection

A 44-year-old Smith's man accused of trying to set a security guard on fire claimed he had little recollection of the incident, a Supreme Court jury heard yesterday.

Robert Reginald Smith, of North Shore Road, pleaded not guilty to using a flammable substance with intent to cause harm and grievous bodily harm.

In his Police statement, read out yesterday by Sgt. Christopher Graham-Ward, Smith said he had been drinking heavily and did not remember throwing gasoline on Benjamin Smith -- then Sparrows Nest bar security head -- nor trying to light the gasoline with paper matches.

The security guard earlier testified that he threw Smith out of the bar after he fondled male patrons and himself.

But in his Police statement Smith denied holding his penis.

He said: "I did have my leg up on the chair and I was holding it (his leg) with my hand and talking to Tina (his girlfriend).'' He also explained that he had his leg up on the chair because he had sores on his feet, which he showed to Police.

Smith also told Police the security guard came up to him and demanded he behave himself.

"Shouldn't you have a uniform on?'' Smith said he asked the guard, adding that his girlfriend told the guard to leave him alone.

But Smith denied swearing at or hitting the guard.

"I never hit him,'' he said. "He hit me while I was sitting in the chair.

"All I remember after that is waking up in bed. I don't know how I got home.'' Smith said his memory was so bad because he had more than ten drinks that night.

The professionalism of Police also came into question yesterday when Smith's lawyer Ms Sharon Kenny asked Sgt. Graham-Ward about fingerprinting preservation practices.

Ms Kenny asked why a matchbook found at the scene was fingerprint tested while other evidence -- such as the Tupperware bowl or screw driver which Smith was allegedly carrying -- were not.

Sgt. Graham-Ward said he did not have the bowl tested because it was sent the Government analyst for chemical testing.

However, he admitted that if the Government analyst had been told the bowl would be tested for fingerprints, the fingerprints could have been preserved.

Ms Kenny then asked him if fingerprints would be better preserved in a sealed plastic bag or a paper bag.

"It wouldn't be necessary to put something in a sealed bag if you wanted to preserve fingerprints,'' Sgt. Graham-Ward told her. "A brown paper bag would be the most logical or practical choice to preserve items, for any item.'' Ms Kenny then held up the matchbook which Police tested for fingerprints and placed in a sealed plastic bag.

"Wouldn't it have been better for the matchbook to then have been placed in the bag?'' she asked.

Sgt. Graham-Ward admitted that this was true.

The case continues on Monday before Puisne Judge the Hon. Justice Meerabux, with Mr. Khamisi Tukumbo and Ms Nicole Stoneham acting for the Crown.