A Pembroke man is to appeal after he was sentenced to three months in prison for helping tie up a man before attacking him for one and a half hours. Tyari Harvey had been lured to Spittal Pond in Smith's Parish after meeting Marcel Reid Rubaine and two others in the Swinging Doors nightclub on Court Street on June 25 last year. Rubaine, 20, of Secret Lane, pleaded guilty in Magistrates' Court to depriving Harvey of his liberty and to causing actual bodily harm.

The court heard last week that the men had persuaded Harvey to go with them to Smith's Parish to smoke cannabis and drink beer. Crown counsel Leighton Rochester said: "The complainant was hit in the face by the defendant. He fell over, but was hit again when he got up. "Then two men held him while he was tied to a post with duct tape. They also taped his face. They said he had stolen $4,000 from an Angle Street home. "One after another they said they would kill him. Then they carried on hitting him for one and a half hours. He lost consciousness. "When he woke up he managed to escape and hid in the park for two hours. His attackers came looking for him with flashlights and they shouted for him. "When it was daylight the complainant made his way to a phone.'' Mr. Harvey suffered cuts and bruising all over his upper body and head. However, Rubaine's lawyer Richard Hector said Harvey and Rubaine had been friends before they fell out after Harvey had stolen the $4,000 Rubaine had saved for college. He said: "My client was working as a baby sitter when Harvey came round to the house where he was working. He wanted to stay but my client told him he couldn't. "My client left the room but when he came back Harvey was in a different position. "All the money he had was taken. When he next saw Tyari Harvey it was at the Swinging Doors. "Harvey agreed to go to Spittal Pond -- he rode himself. He noticed Harvey had new clothes and a new bike. He asked him if he had stolen the money. "Harvey admitted this and said somebody had told him to do it. My client became annoyed because he was a friend and he hit him. "What happened was a fight between him and Harvey.

When the others tried to join in my client told them not to. My client then took the duct tape and tied him up.'' Mr. Hector said it was not tied firmly and Harvey could have escaped if he had wanted. At this point Magistrate Archibald Warner said: "Don't make me laugh. It's getting on towards midnight and he's tying him up with duct tape in Spittal Pond for fun?'' Mr. Hector added that Rubaine had acted out of anger because he was incensed his friend had taken his money. He added: "Just because he was tied up it doesn't mean he couldn't get out.'' Mr. Warner sentenced Rubaine to three months in prison.

But Mr. Hector later lodged an appeal and his client was bailed for $2,000 with a like surety, pending the outcome of the appeal. Another Pembroke man faces trial on December 13 for his involvement in the attack on Harvey. Damany Bilal Burchall, 18, of Ewing Street, Pembroke is charged with unlawfully depriving Harvey of his liberty and actual bodily harm. He pleaded not guilty to both charges before Mr. Warner yesterday. Sergio Augustus, of Angle Street, is already serving a three-month prison sentence for his part in the attack, while a warrant is still out for the arrest of Shawn Eugene Harvey, 25, of Valley View Lane, Pembroke.