A man accused of throwing a bottle at Police during a melee at Harbour Nights last summer claimed this week that an officer hit him in the head with a flashlight.

And 17-year-old Charles Maybury, of Simmons Lane, Sandys Parish, insisted that Police never told him he was under arrest.

But a defence witness testified that she heard Police tell Maybury that he was under arrest.

Maybury, whose trial resumed in Magistrates' Court this week, has denied throwing a bottle at Police and violently resisting arrest during the "mini-riot'' on Church Street on August 27 last year.

Last December arresting officer P.c. Robert Butterfield told Magistrate Edward King that he and other officers were trying to control a crowd of about 200 people at the Hamilton bus terminal around 10.50 p.m.

He testified he saw Maybury "raise up his right hand holding what appeared to be a beer bottle''.

P.c. Butterfield added: "He was charging toward myself and other officers in the area. The bottle came within inches of a plain clothes Police officer.'' He added that he pursued Maybury who had run away through the crowd and that upon reaching Maybury, he told him he was under arrest and another officer tried to handcuff him.

The officer added that Maybury was pulled away by the crowd and he "swung his arms and legs trying to resist arrest'' and shoved him against a wall when P.c. Butterfield caught up with him.

Maybury told the court he had gone to the bus stop from Front Street and when he saw a lot of arguing was going on he decided to return to Front Street.

Maybury said P.c. Butterfield then approached him and accused him of throwing the bottle.

"As I was talking to him another officer approached me from the left and hit me on my head with a flashlight,'' he claimed.

Maybury said the officer pushed him to the ground before putting him in the patrol car where officers choked him and cursed at him.

Maybury testified that P.c. Butterfield approached him and said he saw him throw a bottle to which he responded "I didn't''.

Maybury also said after that exchange of words the officer turned away from him and he (Maybury) began to walk east toward Gibbons Company.

"He approached me a second time and he said I was the one who threw the bottle,'' Maybury continued, "and I replied it was not me, you didn't see me throw a bottle.'' Maybury also testified a Police officer hit him in the head with a flashlight, but nothing had come of it after he reported it to "bigger officers'' at Hamilton Police Station.

During cross-examination, Crown counsel Lesley Basden challenged Maybury's allegation that he was hit by the Policeman.

"You understand that is a serious allegation,'' Ms Basden said.

"Sure do,'' Maybury replied. "I spoke to one of the `bigger officers' the next morning.'' He added that he wanted to press charges against the officer that hit him and an officer that choked him in the Police car.

"They didn't do anything,'' Maybury replied. "Nothing.'' Maybury claimed he had told his lawyer about the abuse and denied he had made up the allegation.

"Are you aware that your lawyer did not challenge any of the officers on that allegation?'' Ms Basden asked Maybury which he said was true.

"Then I put this to you that you are making this up,'' Ms Basden said.

"Nope,'' Maybury replied."It's all true... truths.'' "I wasn't arrested,'' Maybury added. "I couldn't resist arrest because I wasn't arrested.'' But defence witness Annette Curtis said Maybury did nothing when Police told him he was being arrested.

"He said `I didn't do nothing,'' she recalled. "What are you arresting me for?'' Ms Curtis, a Bank of Bermuda night supervisor, testified that as she walked into the melee that night, Maybury turned toward Washington Lane and said: "I'm getting away from all this. I'm going back down to Front Street, down the road.'' She said she saw a Policeman run at Maybury and push him against the entrance to Washington Lane and tell him he was under arrest.

Ms Curtis also said she saw a white Police officer get out of a Police car and hit Maybury with a flashlight on his shoulder.

Mr. Scott asked Ms Curtis if she had seen bottles thrown during the incident to which she replied: "Yes. A young man picked up a bottle out of a cement trash receptacle that was on the sidewalk.'' "I was standing beside the young man who threw the bottle,'' she added, "And I asked him if that was necessary.'' Ms Curtis told Mr. King she did not see the bottle thrower in the court.

She also testified she came forward as a witness after reading about the trial in The Royal Gazette .

Under cross-examination by Crown counsel Lesley Basden, the woman explained she saw the incident because it started right around her.

"I was right in the middle of it,'' she said. "It started right as I got there.'' She also insisted that Maybury could not have thrown a bottle, but was later forced to admit that she could not know this.

Ms Basden further challenged Ms Curtis on whether she could have seen all of Maybury's actions.

"No, I can't if I hadn't arrived yet,'' she said.

Ms Curtis also admitted she could not remember the date or the clothes Maybury was wearing, but she said she was sure Maybury was the one arrested.

The trial continues today when Ms Basden and Mr. Scott are expected to make final submissions.