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Accused claims he was `drowsy' when he made statement

"drowsy and sleeping'' when he made a Police statement, and that he could not remember questions put to him.

Eugene Levi Robinson, 27 of Bob's Valley Lane, Sandys, has denied escaping lawful custody, assault with intent to prevent his own detention and assaulting P.c. Dean Stanford on March 12.

When he testified yesterday, Robinson claimed one officer gripped his head in a lock while the other held his arm behind his back causing his shoulder to dislocate.

The morning after the alleged assault at Bob's Valley, Robinson said two Police officers escorted him to the hospital emergency department where he was "put to sleep''.

Three hours later he was released after taking two painkillers and escorted to Hamilton Police Station for questioning.

"I said I didn't want to make a statement, but the officers put questions to me,'' Robinson said. "As I was dozing off they shook me and told me to pay attention.'' Robinson also admitted that when asked if he wanted to see a lawyer he replied he did not.

"Do you remember questions being put to you?'' defence lawyer Mr. Archibald Warner asked.

"Not really because of the effects of the drugs,'' Robinson answered. He added that some statements were true but others false and that he could not remember being asked any of the questions.

"Do you remember reading the statement and signing it?'' Mr. Warner asked.

"No,'' Robinson replied.

In his cross-examination, Crown Counsel Mr. Philip Storr accused Robinson of selective amnesia.

He claimed that Robinson must have been alert and understood the questions because a number of the answers he admitted were correct.

He also questioned why Robinson did not seek treatment for his dislocated shoulder immediately after the alleged assault.

Robinson replied: "I was waiting for the Police officers to do something about it because they dislocated it.'' Expert witness and director of emergency services at the King Edward VII Memorial Hospital, Dr. Edward Schultz testified that the effects of the sedative drugs usually wear off within two to four hours.

Side effects included drowsiness and disorientation that could be exacerbated if a patient was under the influence of drugs or alcohol.

Under cross-examination by Mr. Storr, Dr. Schultz said it was unlikely the defendant would have suffered a total loss of memory more than two hours after his release from hospital.

Amnesia, he said, was caused by trauma to the head. But he did admit it was possible he could have suffered from "intermittent amnesia'' meaning he might recall some things and not others.

Dr. Schultz also said a dislocation is extremely painful at the time it occurs but that the pain may abate for up to 12 hours.