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Young father cleared of assaulting Policeman

Troy Smith leaves Magistrates? Court yesteday after being found not guilty of assaulting a police officer.

A young father who claimed he was kicked in the face by a policeman has been found not guilty of assaulting the same officer.But Troy Smith, 29, did behave in an “angry, aggressive and profane” manner on July 4 last year, according to Magistrate Khamisi Tokunbo.Smith denied assault causing bodily harm to Pc Richard Geraghty, resisting arrest and wielding an offensive weapon a croquet stick on Plaice’s Point Road, Pembroke.He stood trial at the end of last year and was yesterday cleared of assault by Mr Tokunbo but found guilty of the other two offences. He had already admitted using offensive language during the confrontation.Smith was treated in hospital for a broken nose, two broken cheekbones, a broken bone above one of his eyelids and a sprained jaw after the incident.He claimed Pc Geraghty used “tremendous force” to kick him in the head several times and beat him with a baton.Mr Tokunbo found yesterday that the officer and his partner Pc Robin Evans acted correctly in trying to subdue the defendant after attending his home in the early hours due to a domestic dispute.Father-of-one Smith had gone to the house in Spanish Point after being told his mother and cousin were arguing. Another relative dialled 911 and the two patrolling officers arrived at about 2.30am.The Magistrate said though Smith was not the person who caused the original disturbance, the policemen could not have been expected to realise that, given his behaviour.“It’s clear that the defendant was agitated and upset by what he encountered,” said Mr Tokunbo. “However, his behaviour, especially after the police arrived, was irrational, offensive and volatile.”The Magistrate said the officers acted correctly in trying to get him to let go of a two ft croquet stick he was wielding but he “continued to be verbally abusive, profane and threatening”.The stick became a weapon, explained Mr Tokunbo, when Smith swung it at the officers. The Magistrate said a Taser devise was used on Smith and he was told he was being arrested but did not comply with orders to stand still.“I find that a violent struggle between the police officers and the defendant followed,” said Mr Tokunbo, adding it was not clear to him whether Smith threw a rock at Pc Geraghty, as was alleged.He ordered a social inquiry report and adjourned sentencing until March 11. Smith’s lawyer Graveney Bannister who likened the case to that of Rodney King lodged an official complaint of police brutality with the Police Complaints Authority last year. It will be considered once all the proceedings against Smith have finished.Prosecutors decided not to press charges against Pc Geraghty in October, after viewing DVD footage from a camera attached to the Taser. Pc Geraghty told the trial Smith threatened him with the croquet stick, poked him in the eye and threw a rock at him after he tried to arrest him for violent behaviour.The officer described how Smith later called him a “white c***” and a “slave beater” after he checked on him at King Edward VII Memorial Hospital.

Troy Smith suffered a broken nose, two broken cheeckbones, a broken bone above his one of his eyes and a sprained jaw.
Troy Smith had denied assaulting Pc Richard Geraghty.