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Man on trial says he fought in self defense

Pleads not guilty to assault and damaging property
Defendant said he told VC not to touch him again, and when he did, he fought in self defense. Photo: VINO/Staff
ROAD TOWN, Tortola, VI - Dimitri Maduro, resident of the Virgin Islands who appeared before the Magistrate’s Court yesterday September 4, 2012, told the court that he fought in self defense as while pleading not guilty to assault occasioning actual bodily harm and damaging property.

Allegedly, the defendant who is currently employed at Romneys and Associates as a crew member of one of their boats, punched a Mr. Ernesto Akino in the face, when his boat was denied access to be fueled up.

The incident allegedly occurred at Delta’s pumping and fuel station in Baughers Bay.

While under oath, the Virtual Complaint of the matter, Mr. Akino alleged that on the morning of April 7, 2012, he received a call from the captain of the vessel of the boat Mr. Maduro works on, to ask if they can proceed to the dock for fuel, and he responded in the negative.

The VC stated that the boat still proceeded to the dock, where he then told the captain, that they will have to come back at 1 O’clock, because he had to reserve the dock for a mega yacht that was coming in for fuel.

Mr. Akino alleged that Mr. Maduro jumped off the boat to the dock and still tied the boat. He stated that the defendant began cursing him saying words rhyming with “truck blue”, which he claimed he ignored.

He went on to say, that the captain of the vessel then allegedly agreed to come back at one, where at the same time, Mr. Maduro came in front of his face and continued cussing, and after he repeated “truck blue” to the defendant, Mr. Maduro punched him in the face, damaging his shades and cutting him on the nose.

Mr. Akino told the court that the captain of the vessel pulled Maduro on the boat, and as it left, the defendant allegedly shouted “when we come back at 1 o’clock I will kill you”.

According to Mr. Maduro, who was represented by Mari-lou Creque said that when the boat he was on, arrived at the dock, he jumped off to tie the boat to the dock.

He told the court, that before he finished tying both the stern and the bow (back and front) of the boat, the captain of the said vessel shouted “loose out, lets go” and he hurriedly complied.

The defendant said that while he was passing the VC, who was standing on the dock, he said “you full a f***” and the VC responded by calling him a “mothers*****”.

Mr. Maduro alleged that the exchange of words, resulted with both him and the VC being in each other’s faces, where Ernesto ‘chuck him off’, where he then ran back onto the boat shouting “y’all see this man push me, y’all see this man push me.”

He went on to say, that he jumped back on to the dock, to loose the boat, for him and the captain to be on their way, and he told the VC not to touch him, but at the same time he was elbowed, resulting in him retaliating; he then allegedly pushed Ernesto in the face 3 times. He denied ever telling the VC anything about him coming back at 1 o’clock to kill or shoot him.

Mr. Maduro told the court that the fight began, because he was pushed by the VC.

Being cross-examined by Crown Counsel Representative, Herbert Potter, the defendant told the court that he only cursed the defendant once and he was not mad. He added that it was reasonable to punch the VC in the eye for self-defense, for the fact that he told the VC not to touch him again.

The Captain of the boat that Mr. Dimitri traveled on, and an on-looker, were both brought to court as witnesses, but none were aware of the facts as to why the fight started, nor several other details that occurred during the fight.

The on-looker who came on behalf of the VC, told the court that he arrived on the dock and saw the argument; he don’t know how it started.

He told the court that the man from the boat was aggressive, but couldn’t identify Mr. Maduro as the person he saw on the dock that day.

He also told the court that he saw when the person punched the VC, who he calls ‘Philippino’, in the face.

The Boat captain also under oath, told the court that he was not able to see what exactly happened, because he was tending to the boat at the same time.

He did confirm that there was a fight, and added that he went off the boat to part and pull his crew member back on the boat and left.

This matter was adjourned until September 7, 2012, where Magistrate Valerie Stephens will give her verdict.

 

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