Journalist wanted to `Whip up trouble', claims lawyer
his hunger for publicity, a court was told yesterday.
He acted as an "agent provacateur'' when he tried to attend the meeting, said lawyer Mr. Arthur Hodgson.
But after being escorted out of the building by BIU treasurer Colin Simmons he resorted to a private prosecution to get publicity.
"It appears Mr. Rushe was looking for an opportunity to gain some notoriety,'' Mr. Hodgson told Magistrates' Court.
But Rushe said the case could be summed up by BIU president Ottiwell Simmons' own words: "Nobody should ever be thrown out of a meeting''.
And he said all BIU members had been urged to attend the "most important meeting'' in the union's history.
Rushe, of Paget, has accused Simmons of assault, violently interfering with the free exercise of his political liberty, behaving in a threatening manner, and using threatening behaviour at a public meeting, whereby a breach of the peace was likely.
The charges, which Simmons denies, stem from a July 2, 1992, meeting at the BIU headquarters.
BIU president Ottiwell Simmons called the meeting during the bitter Bermuda Forwarders dispute.
Rushe, also a businessman, says he was led or dragged from the hall after being called a "journalist spy'' -- even though he is a BIU member.
He says he was kicked on the ankle while being ejected.
Yesterday Senior Magistrate the Wor. Will Francis adjourned the hearing until May 31 for judgement after hearing closing arguments.
Mr. Hodgson, defending Simmons, said his client had been carrying out his duty by escorting Rushe from the hall.
He said no meeting was taking place when Rushe was asked to leave.
And he claimed even Rushe could not be sure the kick on the ankle -- or his shins -- was intentional.
"There was no violence, no interference, and no political right at issue,'' he added.
Mr. Hodgson said Rushe should have been thankful to Simmons for escorting him off the premises.
Rushe's safety could have been jeopardised because of the mood of the crowd, he claimed.
Mr. Hodgson said Simmons had also taken Rushe to be a trespasser.
Rushe said there was no dispute over his membership of the union on July 2.
But he agreed there had been some debate over whether he was a full member or associate member.
However, the BIU constitution did not bar an associate member from attending a general membership meeting, said Rushe.
"Is there anything in the constitution of the BIU that prohibits a journalist who is a member of the BIU from attending a general membership meeting? "No, there is nothing in the constitution of the BIU and nothing was adduced by the defence to that effect.'' Rushe also said it was irrelevant for Simmons to claim the kick on the ankle was an accident.
The kick occurred during an unlawful assault on him, he stressed.
Rushe added it took no "strain of imagination'' to accept the BIU had political objectives.
Therefore, it was an interference of political rights to prevent a union member from attending a BIU meeting.
"If your worship accepts the arguments of the defence that the assault and expulsion of the complainant was lawful, then a most dangerous precedent will have been set and a disturbing power will have been bestowed on the officers of the BIU.''
