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Trial opens for four accused in clashes at Wellington Oval

Lawyers wrangled over the validity of videotape evidence in Magistrates' Court yesterday as the trial of four of the men charged in relation to last month's outbreak of violence at Wellington Oval opened.

The four defendants ? Jamie Ford, 23, of Warwick, Ki-jah Russell Butterfield, 21, of Paget, Kavin Earlstone Smith, 25, of Southampton, and, Wolde Trott, 21, of Paget ? deny an array of weapons and assault charges in relation to the incident.

Seven prison officers, lawyers, two Police officers from the Serious Crime Unit, and media representatives crowded in the court for the start of the trial. The room was locked to family members of the accused and the general public.

After a morning of legal arguments, a Police officer ? who cannot be named for legal reasons ? took the stand to present videotape evidence.

The tape in question was turned over to Police by a member of the public who filmed the bloody clash at the Wellington Oval football game on April 4.

Defence lawyer Elizabeth Christopher, who is representing Butterfield, argued that a DVD copied from the videotape should not be presented as official evidence since the tape could have been edited.

"You have to lay a foundation before anything is used in court as evidence," said Ms Christopher. "I don't know whether or not this is an edited copy or the original."

She said the tape was not sealed or labelled before it was presented to the court.

The four defendants, who appeared on May 5 in Magistrates' Court to face charges, have been remanded in custody since that date.

Dressed in orange prison garb, the men were in an upbeat mood in the courtroom. They chatted amongst themselves and smiled as they watched the tape.

"I'm there in the grey and blue shirt, but I didn't do anything," declared a defendant.

Mr. Francis said that the proper protocol would be taken with evidence and that he had considered the fact it was not sealed before it was presented to the court.

Crown Counsel Shade Subair asked the Police officer, "When you received the video evidence, what description can you give us of how you received the video? Was it inside a manila envelope?"

The officer responded: "I received it in an envelope with a label."

Images from the video were presented to the court without sound.

The tape showed several minutes of the actual April 4 football game that proceeded without incident, before turning to groups of young men running around the pitch. The faces of the men were not clearly visible but one seemed to be carrying a long plank. Ironically, as the tape showed a stretcher being placed in an ambulance at the scene, the banner overhead read "Keeping you healthy".

After watching the tape, Ms Christopher said it did not give "meaningful life" to the proceedings.

"If the court accepts this as evidence, it is indeed a copy of the original," said Ms Subair.

Mr. Francis interrupted the lawyers, saying that the original tape was what the court would use as evidence.

"Ms Christopher, let's leave it to the (end) to close the case. It's like criticising a half-built house. Let the job be finished. When the prosecution closes the case, you're on your feet to make the submission that there's no case," said Mr. Francis.

The trial of the four defendants will continue tomorrow.

Ford is represented by Mark Pettingill. He is charged with possessing a machete in public with intent to cause public terror and with assaulting Antoine Anderson.

Butterfield, represented by Ms Christopher, is charged with possessing a knife and a machete, entering a public place with those weapons without lawful occasion in a manner to cause public terror, and the unlawful assault of Antoine Anderson.

Smith is represented by Leo Mills. He is charged with possessing a knife in a public place, being armed with that weapon, and causing terror in a public place.

Smith has already pleaded guilty to possession of a knife but denies having a knife in a manner to cause terror.

Trott, also represented by Mr. Mills, has also admitted possession of a machete but denies to having a machete in a public place to cause terror.