Log In

Reset Password

Wounding trial accused testifies

A defendant in a wounding trial yesterday gave jurors her own version of a fight outside a club. And it varied markedly from one given by the complainants.

Wendy Margaret Harvey, of Northchurch Lane, Hamilton Parish denies wounding Gene-Anne Bean and Gloria Maria Hayward-Cox with the intent to cause grievous bodily harm.

She is alleged to have caused facial wounds to Ms Bean with a bottle outside of the Hamilton Parish Workmen's Club on July 11, 2005.

Yesterday, Harvey took the stand telling the Supreme Court jury she went to the club just after dark to drink some more beers. She told the court earlier that night she bought five or six Elephant beers from The MarketPlace Shelly Bay and sat at the watering hole — by the railroad tracks across from the MarketPlace — drinking with some friends.

She said she went up to the club because, "I wanted to drink some more", even though she is apparently banned from the premises.

"I heard that I was banned but I never received any type of letter."

When asked why she was banned, Harvey said: "In 1997 I had a bike accident and had gotten road rash on my face. I went to Crawl Club to get some beers to go. Mr. Douglas was in charge at the time and told the bartender not serve me so I cursed him out."

The defendant said the only person that enforces the ban is Ms Bean.

"Everytime Gene-Anne was there, I had a problem but I always paid her no mind whatsoever. She has thrown me out on so many occasions. I go in and out so many times — only Gene-Anne used to harass me."

"She's always trying to belittle me to bring herself higher."

Harvey said that night she went up to the club and asked a male friend of hers to buy her a beer because she isn't allowed to purchase beer from the club.

"I stood at the door to receive the beer, walked towards the porch and Gene-Anne was right behind me. She said 'Give me that f***ing beer bitch."

"I had my hand on the beer and Gene-Anne had her hand on the beer. We were wrestling over the beer and she poured half of it out and gave me a wringing slap."

Harvey said she felt "irritated and pissed off" and also threatened because Ms Bean was "awfully hyped" that night, more than usual.

The defendant said she drank the rest of the beer and slammed the bottle against the wall and said: "I'm tired of this s**t."

Harvey explained when she holds a beer, she has a habit of putting her index finger into the neck to keep the flies out. She said when she broke the bottle, she didn't realise the neck was still on her finger.

Harvey told the court three or four minutes passed and then Ms Bean came back at her with a helmet.

She said she raised her hands to fend her off and Ms Bean went back into the club. She said she didn't see any blood on her.

"Next thing I know, Maria's coming at me like a charging bull. She comes out and punches me in my face. I fall to the ground, get back up and she punches me again."

Harvey said when people came to break out the fight, she noticed the bottle neck on her finger and slammed it against the wall to get it off. She said she went straight home.

"When I woke up the next morning I had a big lump to the right of my forehead. When I woke up, I knew something had happened but I didn't remember."

She said she didn't deliberated cut Ms Bean or Ms Cox's face because she didn't know they had been cut.

"I don't go around fighting people. I don't look for trouble, it finds me," she said.

Harvey also said she didn't break the bottle to hit Ms Bean with it, she broke it because there wasn't any beer left. She said she didn't make any stabbing motions towards Ms Bean or Ms Cox and denies even knowing Ms Cox.

"I didn't even know Ms Cox, I didn't even know her name. All these years I didn't know if she was a male or female. I only know her name because of this case."

Harvey admitted she was "feeling nice" but not drunk from consuming alcohol.

During cross examination, Crown counsel Robert Welling suggested that Harvey had been thrown out of the club many times that night.

Harvey said she doesn't remember being in the club so she wasn't there.

She said she was sitting with her guy friends on the porch of the club but can't recall any of their names.

Mr. Welling also suggested that Harvey made up her story causing her to make an outburst.

"Your clients have made it up. I'm not lying like how your clients are."

Mr. Welling suggested that Harvey was so mad at Ms Bean for throwing her out of the club that she reached into the trash can, pulled out a beer bottle, slammed it on the wall and went to attack her. Harvey disagreed.

"If I wanted to do something to Gene-Anne, don't you think I would have done it all these years?"

The defence also brought out Clarkie Darrell, a frequent bouncer at the club to give evidence.

Mr. Darrell maintained that Harvey was never in the club that night so he didn't have to throw her out.

He said at one point during that night, he heard a 'clink' outside like someone had broken a bottle but he didn't check on it because he didn't hear a scuffle.

The witness said Ms Bean was inside of the club when the bottle broke. He also said there was a calm for a few minutes until a commotion broke out.

Mr. Darrell said as he was going outside, he saw Ms Bean coming towards him with blood streaming down her face. When he got outside, he said it looked like two men were fighting but he soon realised it was the defendant and Ms Cox.

"I saw one huge woman. She was taller than me, bigger than me. Wendy's on the ground and the big person is over her trying to giver her more wringers."

"She's defensive, she's getting knocked in her tail. It didn't look like she had a damn thing in her hand. She was getting whacked."

"Wendy never got a blow in once. This girl was too fast. Wendy couldn't reach her. This girl can fight men."

Mr. Darrell said he broke up the fight and told Ms Cox to go to the hospital but she refused.

The trial is expected to finish today.