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UPDATE: Criminal damage trial involving Gerry Smith hits a snag

Jerry Smith was granted $35,000 bail on the charge of criminal damage when he appeared before the Magistrate's court on December 5, 2012. Photo:VINO
ROAD TOWN, Tortola, VI – The trial against Gerry Smith hit a snag when the defendant appeared before the Magistrate’s Court recently since the prosecutor in charge of the matter was absent.

Smith, 45, is accused of criminal damage and remains unrepresented before the court.

It was alleged that the accused damaged the bonnet or hood of the vehicle of the Virtual Complainant (VC) in the vicinity of Palestina Estate on October 15, 2012.

When the case was called on June 11, 2013 Senior Crown Counsel Sarah Benjamin told the Court that the prosecution was not in a position to proceed as another Crown Counsel had conduct of the matter and was absent at the time.

Smith related that he had received all the disclosure necessary for the matter and was in a position to begin.

The case will next be called on July 30, 2013.

See previous story posted December 06, 2012:

SCB resident in court for allegedly damaging car bonnet in fit of rage

Smith is accused of damaging the bonnet or hood of the vehicle of the Virtual Complainant (VC) in the vicinity of Palestina Estate on October 15, 2012.

According to the allegations read by Senior Crown Counsel Sarah Benjamin, the VC was driving his vehicle on the said day in the area of Palestina while heading towards Road Town on his way to Anegada when the VC reportedly stopped in the area to give someone a ride. The defendant was in a vehicle behind him at the time.

As a result of the VC stopping, the defendant allegedly began to curse and blow his horn. Further, the defendant allegedly stopped his truck in front of the VC’s vehicle and got out and continued to curse before he allegedly slammed both of his hands onto the hood of the VC’s causing same to be damaged.

A report was made to Police and investigations conducted with the VC on the same day with the car being brought to the Police station later in the afternoon. Two large dents were observed on the bonnet of the vehicle at the time, the court heard.

On October 26, 2012 the defendant was invited to the West End Police Station where he was informed of the report made by the VC and cautioned. Under caution Mr Smith did not deny the act but stated it was as a result of the VC’s actions in almost running him (the defendant) down while he was getting back into his vehicle.

The defendant was told that a report would be made against him and on November 2, 2012 a warrant was obtained in the defendant’s name and executed on November 8, 2012. The defendant was met at the time and the warrant was read to him before he was formally charged with the offence; he allegedly made no reply at the time.

Senior Magistrate Tamia Richards then granted Mr Smith bail in the sum of $35,000 with one signed surety. The matter is scheduled to be called again on February 6, 2013.

12 Responses to “UPDATE: Criminal damage trial involving Gerry Smith hits a snag”

  • tom cat (06/12/2012, 07:47) Like (3) Dislike (0) Reply
    he again? struppsss
  • Mary J (06/12/2012, 09:03) Like (3) Dislike (0) Reply
    deeds big men need to grow up and move on
  • Really! (06/12/2012, 09:18) Like (1) Dislike (1) Reply
    Bail @ $35,000.00 though....hmm....really? Whether signed or cash that's way too much for the alleged crime!
  • DUDE (06/12/2012, 10:38) Like (2) Dislike (4) Reply
    Ridiculous throw this case out.
  • Chris (07/12/2012, 02:28) Like (4) Dislike (11) Reply

    Tola waisting the court with dent on man made cars lamo I wonder if we could sue the salt water for rusting my car but on the real Jerry is an @h0L3

    • @ Chros (07/12/2012, 16:28) Like (3) Dislike (0) Reply
      It is not right when people work hard to buy their vehicle and you come feeling like you and I buy it together. Yes this matter belongs in something like small claim court.
      The short of the matter is keep your hands to yourself and your anger in check.
  • West End (07/12/2012, 11:09) Like (10) Dislike (18) Reply
    "Dude", If you was down west when this guy go off like a rocket all the time you wasn't going to be so quick to toss it out of court! He does do this kinda thing all the time. It's sickening now. He does have the rudest mouth I ever heared in my life.
  • weed (13/06/2013, 15:11) Like (1) Dislike (0) Reply
    deeds men need to control dem arger
  • west end police officer (14/06/2013, 05:32) Like (0) Dislike (1) Reply
    every body just vex
  • SUSS (14/06/2013, 11:09) Like (0) Dislike (0) Reply
    he have no manners
  • WEST WOMAN (18/06/2013, 01:08) Like (0) Dislike (0) Reply
    HE DOES S### ALL THE TIME. HE JUST BEING IGNORANT AND THAT DOESN'T MAKE U A SMART PERSON AT ALL. ONE OF THESE GOOD DAYS HE WILL WISE UP.


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