Fitness trainer fined for assault
Marine `a limey faggot', a court heard yesterday.
Burly Nicholas John Wilson looked surprised at the $800 fine Senior Magistrate Archibald Warner slapped on him for causing grievous bodily harm to Joshua McGavern on Tuesday, July 27.
Wilson, 24, a fitness trainer on the Horizon cruise liner, was being escorted from the Front Street bar The Beach around midnight when revellers began taunting him.
Crown counsel Oonagh Goodred said Wilson returned to the bar and the crowd began "spitting and shouting insults'' at the Wakefield, England native.
Wilson punched Mr. McGavern, knocking him unconscious. He went to King Edward VII Memorial Hospital the following morning with a swollen jaw. It was later discovered his jaw was broken and required a steel plate to heal.
Wilson was questioned by Police on Monday and admitted punching Mr. McGavern and was bailed to appear in court.
Duty counsel Peter Farge told Mr. Warner: "The insults they were shouting at him were he's a limey faggot and to go back to England. They were spitting beer at him. '' Mr. Farge added that Wilson "left the marines two months ago and is quite patriotic and needless to say reacted that way unfortunately''.
He explained that Wilson's actions were the result of "provocation''.
But Mr. Warner responded: "You're not listening to me. Provocation is an absolute defence to an assault.
"It's provocation if you satisfy the court it was because of things that were being done, including racial taunts, which caused you to react in a way you would not normally do,'' he added. "You can't address me on the statutory defence of provocation. But you can for provocation with a small `p' Mr.
Farge.'' When Mr. Warner handed down the fine, Wilson raised his eyebrows in surprise but quietly accepted the penalty.
The fine had to be paid by the close of business yesterday. The Horizon normally leaves Bermuda in the mid-afternoon.
