Man fined for ‘angry, aggressive’ confrontation with police officers
A young father who claimed he was kicked in the head by police was yesterday fined $1,800 for his part in the confrontation.
Troy Smith, 29, received an $800 fine from Magistrate Khamisi Tokunbo for wielding an offensive weapon, plus $500 each for the offences of violently resisting arrest and using offensive words.
Father-of-one Smith, of Plaice’s Point Road, Pembroke, told
The Royal Gazette he had no comment on the sentence given to him in Magistrates’ Court but did intend to pursue his complaint of police brutality.
The Police Complaints Authority (PCA) will investigate the grievance now the court proceedings involving him have concluded.
Smith’s lawyer Graveney Bannister said: “That matter will be pursued vigorously. They [the PCA] were saying they would look at it after the outcome of the case, so that will be resurrected, along with any other considerations with regards to a civil suit.”
The lawyer said there was a “strong possibly” that his client would sue the police.
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 police attended a domestic incident at his family home in Spanish Point in the early hours of July 4, 2010.
He claimed he was the victim of an unprovoked attack by Pc Richard Geraghty, whom he alleged kicked him in the face and left him “spitting out blood”.
Prosecutors decided not to lay charges against the police officer but they did pursue a case against Smith.
He was charged with assaulting Pc Geraghty and causing bodily harm; possessing a weapon, namely a wooden pole, in a public place; violently resisting arrest and using offensive words.
He admitted the latter charge but denied the others and stood trial at the end of last year.
Mr Tokunbo cleared him of assaulting the officer but found him guilty of resisting arrest and wielding the weapon.
The magistrate said the defendant behaved in an “angry, aggressive and profane” manner during the incident.
This newspaper was not in court for the sentencing hearing and was unable to reach prosecutor Kirsty-Ann Keillor yesterday afternoon.
Mr Bannister said the prosecutor asked for a jail term, while he requested a non-custodial sentence for his client.
He said a social inquiry report found Smith, who had a previous conviction from 2002 for using offensive words, to be at low risk of reoffending.