Accused attacker claims he wasn't near mugging scene
A chorus of “it wasn't me” statements dominated accused mugger Paul Lemar Smith's testimony yesterday.
Smith, 31, of St. David's, is accused of two counts of assault causing bodily harm, two counts of stealing and one count of attempting to steal.
Two of the charges relate to a high profile attack on 69-year-old American tourist Ronald Storms last October and another two to an early morning attack on Newstead hotel security guard Mark Mello.
Both men sustained serious injuries in the attacks.
In addition, he is also charged with the attempted robbery of local resident James Conagham on the same evening as the alleged attack on Mr. Storms.
Storms told the court earlier in the trial that his head was repeatedly slammed against the sidewalk before he fell unconscious when he was attacked near a payphone outside Hamilton Princess.
Mr. Mello was also assaulted before his wallet was stolen in an attack hours later.
Smith was the sole defence witness called by lawyer Larry Mussenden, as both the Crown and the defence wrapped their cases yesterday before Acting Magistrate Justin Williams.
Mr. Mussenden had Smith take the court through a detailed account of his movements on the night of the attack - including a stopover at the home of a female friend - until 11.30 p.m.
After that time, Smith said he went to the 24-hour Esso, purchased gas and then made his way home to St. David's.
When asked specifically about each charge by Mr. Mussenden, Smith said: “It wasn't me.”
Under cross-examination by Crown counsel Cindy Clarke, Smith admitted he had smoked cocaine while at his female friend's home.
He also said he did not know how long it took to get home because he stopped several times along the way to smoke more.
He denied, however, that he had ever smoked cocaine near the Hamilton Princess.
“I suggest to you, you were so high you wouldn't remember,” she said. “No,” Smith replied.
Smith also denied that he had ever been to Newstead.
In closing the Crown's case, Ms Clarke said the three alleged victims - Mr. Storms, Newstead guard Mark Mello and James Conagham - all identified Smith as their assailant.
Smith was also identified by a fitness trainer who said she saw him at Newstead.
Ms Clarke argued that evidence should not be dismissed as “fleeting glances”.
She reminded the court that Mr. Storms and Mr. Mello both sustained injuries supported by doctors' evidence and that they had taken the court through the items they lost in their respective attacks.
And she said Smith has provided no other witnesses to support his position that he was elsewhere when the attacks occurred. Mr. Mussenden argued, however, that the identifications were based on fleeting glances.
He said Mr. Storms said he had seen his attacker for three to five seconds at night, while Newstead trainer Patricia Burchall has only seen the man for two seconds.
“If that's not a fleeting glance, I am not sure when I can come to court and say something is a fleeting glance,” Mr. Mussenden said.
“There's only one thing left - one second.”
He also suggested Mr. Conagham's identification of Smith in an ID parade was faulty because a Police Officer had concerns about five of the men in the parade, and Mr. Conagham had only seen the man who attempted to steal from him on a cycle while the men in the ID parade were all standing.
Mr. Mussenden said his client should be acquitted on all five charges.
Acting Magistrate Williams is expected to give his judgment on the case tomorrow morning.
Smith was remanded in custody.
