Assault trial jury likely to get case later today
Lawyers in the trial of a Southampton man charged with robbing an American tourist in November 2005, made their closing arguments yesterday at the Supreme Court.
Paul Lamar Smith, 37, of Scenic Heights Drive, denies attacking Michael Connelly, 50, and stealing $83 from his wallet, while he and his wife walked along South Shore Road, near the Southampton Rangers Club on the 27th.
Senior Crown counsel Carrington Mahoney urged the five-man, seven-woman jury to reject Smith’s defence, saying he demonstrated himself to be a liar during his Police interview and court testimony. During the trial, the court heard that Mr. Connelly and his wife had left the nearby Tio Pepe restaurant when Smith allegedly set upon Mr. Connelly from behind, just after 9 p.m., causing both men to fall to the ground, where a struggled ensued.
Smith’s cousin, Afnik Williams-Hyde, had testified against him, remembering seeing a woman, Mrs. Connelly, screaming for help, as she drove by and stopped to assist.
She recounted that she witnessed Smith punching Mr. Connelly repeatedly, while they were on the ground and told him to “leave the man alone” and to restraining his “big fist,” before he replied to her that he was the one being attacked. Eventually, Mrs. Hyde-Williams had stated, other travellers also stopped to help, with one of them phoning the Police. She told the court she remembered hearing sirens shortly after, with Smith disappearing subsequently.
Smith recalled never hearing any sirens at any time, causing Mr. Mahoney to ask him if he had a known hearing problem. He denied that.
He conceded he punched Mr. Connelly a few times — but only in self defence — and admitted to giving Police a false name when they later found him inside a bathroom at the Rangers Club.
On the stand, he maintained he had been trying to get home in a hurry after leaving the club, wearing a hood over his head.
And, during the process of taking a shortcut through a fence, he collided with Mr. Connelly on the roadside, which he contends was poorly lit.
Once on the ground, it was Mr. Connelly who mistook the impact as an attempted robbery, when he instantly latched onto Smith’s legs, shouting to his wife that he was trying to take his wallet, according to the accused.
Mr. Mahoney told the jury: “The issue is one of credibility and when you heard Mr. Connelly’s testimony, the only issue of focus was whether or not he was jumped or bumped.
“You have to use your common sense. Is it a reasonable experience in daily life in Bermuda that somebody bumps into a person and instinctively delivers a punch to the other person? “The defendant was trying to turn the tables by telling onlookers who later appeared that Mr. Connelly had attacked him, so he could escape and cause others to attack Mr. Connelly.
“The accused was interviewed by detectives two weeks later, giving him plenty of time to cook-up a story, he had it all worked out and he admitted in the interview that he lied! “If it was all innocent then why did his cousin, Mrs. Hyde-Williams, testify that she pleaded with him to stop hitting Mr. Connelly?
“Is this the behaviour of a man that simply bumped into somebody, or someone who was desperately trying to escape when he heard Police sirens approaching? He was focused on one particular purpose — to steal and to get out!”
However, defence lawyer Charles Richardson called the Crown’s case “the dog’s breakfast” and “splitting hairs” — only concentrating on inconsistencies instead of sufficient evidence.
Striking down Mrs. Connelly’s previous testimony, he had suggested that her entire recollection of the incident could not be counted on because of her strong contradictory statements, he said. He also argued: “Mr. Connelly said his cash was simply whipped out during a fight and said nothing else in the wallet was disturbed.
“Why would my client wiggle Mr. Connelly’s wallet from his pockets — in the presence of several witnesses who had gathered — all of whom said they never witnessed Mr. Smith touch, take, or handle the wallet or any cash?
“Either it’s a case of the world’s most dumbest criminals or a grand illusion. And, Mrs. Connelly said Mrs. Hyde-Williams only arrived on the scene when Mr. Smith was already off the ground.
“Then who was Mrs. Hyde-Williams talking to, when she recalled telling Mr. Smith to stop punching the man, while they both were on the ground?
“A little inconsistency doesn’t mean someone is a liar. We all tell lies from time to time — give my client some credibility for standing here and admitting to you that he did lie once, during an interview.”
The jury is due to begin its deliberation today.
