Senior Magistrate raps law firm over assault case adjournment
Senior Magistrate Will Francis yesterday scolded the law firm of Lord, Simmons & Warner after one of its barristers requested a further adjournment in an assault case on a principal which happened more than a year ago.
A scientist and half a dozen principals turned up for the resumption of Kiwon Butterfield's trial which was adjourned this summer.
Butterfield, 18, of Rattery Lane, Sandys Parish, has been charged with assaulting Sandys Secondary principal Melvyn Bassett during the school's graduation ball on June 29, last year at Sonesta Beach Resort in Southampton.
Butterfield allegedly attacked Mr. Bassett after his name was not initially mentioned during a graduate roll call because his dreadlocks were not tied back or covered.
The court, in June of this year, heard how Butterfield marched up to the podium and demanded to know why his name had not been called before attacking Mr. Bassett from behind.
Prosecution witness Kent Simmons testified that he and another guest who were at the head table pulled Butterfield away from Mr. Bassett and held him against a wall until he calmed down.
Dr. Simmons also recalled that as Butterfield left the room he turned over a table near the head table.
But Butterfield's name was called when the ceremony resumed and he entered the room with his hair tied back.
Dr. Simmons was scheduled to return yesterday morning for cross examination.
But lawyer Elizabeth Christopher, who recently took over the case from Archibald Warner who is recovering from a mild heart attack, requested an adjournment.
Miss Christopher explained that she was involved in a long form preliminary inquiry which was continuing yesterday. She added that the other lawyers at the firm were also busy with other cases and she was the only one who had taken instructions on the matter.
It was best that the matter be adjourned in the interest of justice, she argued.
But Mr. Francis would not hear of it.
"I'm very concerned about this,'' he said. "This is a simple assault that took place over a year ago.
"The witnesses are, in a number cases, young people and the defendant is a young person. This is also a matter of some notoriety in the community.'' Police prosecutor Sgt. Anthony Mouchette also noted that his witnesses were at court.
"There are school staff and a doctor involved,'' he said. "It is pretty hard for them to take time off and then have this adjourned again.'' Mr. Francis reminded Miss Christopher that he was not pleased when he had to adjourn the case the last time.
"Miss (Renee) Foggo must have told you I was rather provoked with the last adjournment,'' he said. "The courts cannot function by everybody saying I want Mr. X to represent me and therefore we will have all the court's business adjourned to accommodate Mr. X.
"I realise there are certain lawyers that get a certain reputation, which is good. But there's only so much one person can do.'' However, Miss Christopher argued that she also wanted the matter dealt with expeditiously.
"Unfortunately, there's only so much control I have over my diary,'' she said. "I'm asking for a relatively short adjournment, until November.
"...I'm begging that you do justice to Mr. Butterfield. I've looked at the evidence. I'm confident that he can be acquitted.'' But Mr. Francis pointed out that the law firm was aware of the scheduled cases in advance and he gave Miss Christopher 15 minutes to sort out her other commitments before the trial resumed.
When it did, Dr. Simmons told of how he noticed an "intense'' discussion between Mr. Bassett and a student near the ballroom on the night of the prom.
He said he approached Mr. Bassett as the conversation became more heated and students began to gather around.
When the discussion ended, he added, Mr. Bassett told him the issue centred around the student's hairstyle.
A heated discussion about Butterfield's hair resumed when three women, including Butterfield's mother, Debbie, approached Mr. Bassett, Dr. Simmons recalled.
But he said Mr. Bassett never wavered from his position.
Kiwon Butterfield Senior Magistrate takes law firm to task in assault case Mr. Bassett, who was on the witness stand for the remainder of the day, stressed that both Butterfield and his mother were aware of the school's policy that dreadlocks should be covered.
He noted that they had "ample time'' to appeal the policy to the school board's chairman or the Education Ministry.
But he said Butterfield and his mother agreed that Butterfield would tie his hair back for the graduation ceremony, which occurred two days before the prom, because a head covering with the cap would be too conspicuous. And he said Butterfield's mother assured him that the dreadlocks would be covered at the prom.
When Butterfield refused to put on the head covering at the prom, Mr. Bassett said he sought help from his mother to no avail.
After "pleading, negotiating, arguing'' and taking "verbal abuse'' from onlookers, including Butterfield's relatives and students, Mr. Bassett said he decided to further compromise and asked Butterfield's mother to have him at least tie his hair back. Assuming this had been done, Mr. Bassett said he was surprised when Butterfield appeared with his dreadlocks out.
He therefore indicated to the emcee that Butterfield's name should not be called. Butterfield then approached the podium, asked why his name had not been called, and punched Mr. Bassett in the head.
The ceremony was in such a disarray, Mr. Bassett added, that he believed the event would have had to be aborted.
But he said he decided to have it continue after Butterfield apologised to parents and guests.
Under cross examination, Mr. Bassett admitted that he knew little about the Rastafarian religion. But he said the school did not discriminate against Rastafarians. Miss Christopher, however, suggested that Mr. Bassett had. And she stressed that by ordering Butterfield to tie back his locks on the night of the prom, Mr. Bassett had breached the Bermuda Human Rights Act, and possibly Butterfield's constitutional rights.
Mr. Bassett argued that he was simply enforcing the school's regulations. The trial resumes on December 1.