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Pembroke man fined for violently resisting arrest

for violently resisting arrest although he claimed he was mistreated and arrested with an invalid warrant by Police.

Delton Burchall, of Glebe Road, Pembroke, pleaded not guilty to violently resisting his arrest by Police officers acting under an apprehension warrant in his name.

The first witness in the trial, Pc. David Gillies, explained to the court that on February 23, 1994 he approached a group of youths in a bus shelter outside the Dub City Variety store in Hamilton Parish.

The officer told prosecutor Sgt. Rex Osbourne that he questioned Burchall and it became apparent there was an apprehension warrant in effect for him.

Burchall was said to have told the officers he had no warrant, and when they attempted to take him to the marked Police car he struggled, lashing out with his arms and legs.

The officer was assisted, and the two of them restrained Burchall although he continued to put up a fight, kicking the Police car door closed and fighting against the officers. Burchall was eventually handcuffed and taken to Hamilton Police Station where the warrant was found.

Burchall argued his case without a lawyer or witnesses and claimed he resisted arrest only after the Police officer handcuffed him right away and had stopped the circulation in his arm.

To argue his case, Burchall showed Acting Magistrate the Wor. John Cooper a scar from the handcuff and told the court his side of the story.

Burchall claimed that the officers arrested him and he only resisted because the handcuff was to tight and the officer refused to loosen it. He admitted to kicking the Police car.

During cross examination Burchall said he had no knowledge of the warrant.

He told Mr. Cooper someone else, who was stopped for speeding, had used his name and neither he nor the person who used the false name showed up for court. As a result of this a warrant for was issued in Burchall's name.

But the case was dismissed against Burchall at a later date due to the absence of the officer who stopped the speeder.

Mr. Cooper sympathised with Burchall but explained that a warrant issued by the Court gives the Police the right to arrest the person who is attached to the warrant by name and birth date.

"You did not cooperate with Police,'' Mr. Cooper said. "You did not peacefully go to deal with this warrant and that is a lawful offence.'' Burchall was fined $150 for the offence.