Crown rests its case in assault trial
Jurors in the trial of a Southampton man accused of robbing an American tourist were told that it was the accused who was attacked and not the alleged victim.
Paul Lamar Smith, 37, of Scenic Heights Drive, denies attacking Michael Connelly, 50, while Mr. Connelly and his wife were walking by the Southampton Rangers club on November 26, 2005.
Yesterday, Supreme Court jurors heard a recorded interview of Smith's statement on December 10, 2005, conducted by Det. Con. Patrick Rock and Det. Con. Karema Flood, at the Hamilton Police Station.
The prosecution alleges that after the pair left the Tio Pepe restaurant just after 9 p.m., Smith set upon Mr. Connelly from behind, causing both men to fall to the ground, where a struggle ensued.
Mr. Connelly had testified to immediately latching onto Smith's legs and claimed he was punched repeatedly in the head, before Smith removed his wallet from his pants pocket, taking $83 in cash.
However, defence lawyer Charles Richardson has maintained that his client accidentally collided with the visitor — who then attacked him — without just cause.
During Smith's statement he told the detectives he was running from the Southampton Rangers Club in a bid to get home "as soon as possible."
Due to the road's poor lighting conditions and because Smith says he was wearing a sweat-shirt with the hood over his head while hurrying, led to the impact, the court heard.
He stated in the recording: "I had my hood over my head and I was just trying to get home as soon as possible. I was running past Rangers and the man assaulted me.
"We both went down to the ground and the lady with him started screaming and punching my head.
"He tackled me, grabbed onto my legs and his wife beat the s**t out of me. I do admit I punched the guy twice but I didn't hit him on his head.
"The guy had me by the back of my legs and his wife kept punching me."
He also claimed to have sustained scrapes and bruising to his body as a result of the incident.
Mr. Richardson reminded the court that Smith's cousin — Afnik Williams-Hyde — who testified against him last week — admitted she told Mr. Connelly to release him after stopping to assist after seeing a woman screaming, while driving by.
Mrs. Williams-Hyde had also recounted when she first told Smith to "just leave the man alone," he replied that it was Mr. Connelly who was attacking him.
Mr. Connelly had also admitted in court that the issue of the wallet hadn't arisen before he instantly grabbed onto Smith's legs after falling to the ground.
And, Mr. Richardson cited Mrs. Hyde's account that she never saw Smith remove or touch the wallet at any time — which was subsequently retrieved by Mrs. Connelly — several feet away — as the men wrestled on the ground.
The officers also testified that they seized a pair of jeans and sneakers belonging to Smith, from his Southampton residence, while executing a search warrant on November 27, 2005.
The Crown rested its case and the trial continues at the Supreme Court.
