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Drunkenness is not a defence, Crown says

case of a Smith's Parish man accused of setting a security guard on fire.Robert Reginald Smith, 44, of North Shore Road, has denied throwing a flammable substance, with intent to cause harm,

case of a Smith's Parish man accused of setting a security guard on fire.

Robert Reginald Smith, 44, of North Shore Road, has denied throwing a flammable substance, with intent to cause harm, at former Sparrows Nest bar security guard Benjamin Smith on June 25 last year with intent to cause harm.

He also pleaded not guilty to a separate charge of attempting to cause grievous bodily harm.

The court heard that Smith was thrown out of the bar after he fondled male patrons and held his private part.

Smith, who did not testify, told Police he had consumed ten or more drinks that night and could not remember throwing gasoline on the security guard.

But he denied any indecent actions.

Summing up yesterday, Crown counsel Mr. Khamisi Tokunbo said drunkenness was not a proper defence. But he said it was a matter of whether the defendant was too drunk to form the intent.

"Does drunkenness mean they are not in control of their behaviour?'' he asked the jury.

Mr. Tokunbo also said it was irrelevant that some of the Crown witnesses' testimony conflicted.

During the trial, Crown witness Richard Lee said he saw Smith bring the gasoline into the bar in a fire extinguisher shaped container. But several other witness testified they saw Smith bring the gasoline in a white plastic Tupperware container.

"No big deal,'' Mr. Tokunbo said. "Those inconsistencies are irrelevant if you put them in context.'' Defence lawyer, Ms Sharon Kenny said the inconsistencies were certainly "a big deal''.

She noted investigating officer Sgt. Michael Chlebec's testimony.

"Recall that Sgt. Chlebec did not smell the gasoline when he was talking to Mr. Benjamin Smith downstairs,'' she told the jury. "He didn't smell it until he went upstairs, but Mr. Benjamin Smith said it was all over his shirt.'' She also noted that there was confusion in the security guard's testimony about whether the gas was thrown all over him, or splashed on him when the bowl was knocked from the other man's hand.

She reminded the jury that the guard said: "This part is ticklish. There has always been some confusion in this regard.'' Ms Kenny said if there was any confusion it had to be resolved in her client's favour.

"Mr. Tokunbo seems to refer to me as some kind of canine, a watchdog,'' Ms Kenny said. "A trial is not a contest. The object is to get at the truth.'' She said the reason her client never took the stand in his own defence was because it was up to the Crown to prove its case, which it had not done.

"Better a thousand guilty men go free then one innocent one go to prison,'' Ms Kenny said.

Puisne Judge the Hon. Justice Meerabux was expected to give directions to the jury this morning before they retire for deliberations.