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Magistrate sends two `vicious' men to Supreme Court for sentencing

Kimani Fubler and Ian Simmons will be sentenced in Supreme Court for their part in a "vicious and unprovoked'' attack on a Police officer last year.

After hearing the facts, Magistrate the Wor. Cheryl Ann Mapp concluded that her powers were inadequate to sentence the two Pembroke men who admitted they played a large part in Det. Con. John Fryer's assault.

So badly was he beaten that he required three months of counselling and extensive hospital treatment after being kicked and punched more than 30 times and struck with bottles.

Among a litany of injuries, Det. Con. Fryer received a broken nose, a half-inch cut to the back of his head, and two black eyes in the attack that occurred January 3, 1994 on Court Street.

Fubler, 19, of Shelton Road, and Simmons, 20, of Factory Lane, pleaded guilty to assaulting and causing grievous bodily harm to Det. Con. John Fryer while he was acting in the course of his duties.

Police prosecutor Insp. Peter Duffy said Det. Con. Fryer was responding to a disturbance on Court Street around 2.40 a.m.

He alighted from the Police car near to a parking lot across from the Spinning Wheel Night Club and met a large crowd armed with bottles, firecrackers and sticks.

Consequently, he walked back to the Police car which was parked on the western side of the street.

He saw Fubler pick up a bottle and throw it at the Police car and he confronted him.

Fubler swore at him and Det. Con. Fryer walked away because the crowd was becoming agitated and were throwing stones at the Police car.

He saw Fubler again soon after. Fubler had another beer bottle which he used to strike the officer on the back of the head.

Simmons joined in and they chased Det. Con. Fryer up the street. When they caught him, Fubler hit the Police Constable with a jacket he was carrying.

They tripped the detective kicking him in the head and body along with others.

Insp. Duffy said about 12 people attacked Det. Con. Fryer that morning while he was on the ground.

As a result he huddled into a ball on the ground and sustained between 20-30 kicks and punches.

Simmons and Fubler, Insp. Duffy said, played a major role.

An off-duty policeman and two members of the public helped Det. Con. Fryer to escape.

He sustained a broken nose, a bruised left and right eye, a half inch cut to the back of his head and bruises to his body.

Det. Con. Fryer also lost his watch and a pair of handcuffs in the incident.

They were never recovered.

Insp. Duffy said the incident disturbed the officer so much that he required three months of overseas psychiatric counselling.

When both men were arrested, they admitted their part in the assault.

Before her ruling Mrs. Mapp said: "No person should be subjected to this.

This case is far too serious for me to deal with, therefore I am committing you to the Supreme Court for sentence unless I am directed otherwise.

"My powers to sentence you are not adequate.'' Mrs. Mapp then remanded both men in custody.