UPDATE: Fmr prison officer Morton has case to answer - Magistrate
Morton is charged with assault occasioning actual bodily harm, allegedly committed on a former inmate while he was on remand at Her Majesty's Prison at Balsum Ghut.
When the matter was heard on May 17, 2013 for a decision on defence submissions made previously, Magistrate Richards said the defence had argued that the section that charged Morton did not match the injuries received by the Virtual Complainant (VC).
She stated it was also argued that injuries mentioned were inconsistent with medical records of the VC and that they only indicated he received a scratch to one of his arms.
In its arguments, the defence further suggested that the defendants wounds were self-inflicted.
The Crown argued that the alleged attack committed on the defendant was unprovoked, with the main thrust of their argument being that the VC was put into a state of fear.
Meanwhile, the court surmised that the evidence presented showed that there was use of force and stated that it would be speculation to deem that the level of force used was acceptable on inmates at Her Majesty's Prison.
Magistrate Tamia Richards said the defence had failed in their bid for a no case submission and that the defendant, Morton, did indeed have a case to answer.
Magistrate Richards further stated that common assault arguments were presented by the defence when the charge against the defendant was assault occasioning actual bodily harm.
She suggested that counsel for the defendant acquire a copy of the complaint against the defendant before proceeding with her arguments. Morton is represented by attorney at law, Marie Lou Creque.
The case resumes on June 6, 2013.
See previous story posted March 7, 2013:
Former inmate accuses Prison Officer of 'bouncing' his head on concrete
ROAD TOWN, Tortola, VI – Verne Forbes Jr alleged in court that former prison officer at Her Majesty’s Prison (HMP), Steve Morton bounced his head on a concrete when he gave evidence as the Virtual Complainant (VC) in an assault trial yesterday, March 6, 2013.
Morton, 38, of Long Look was sent on compulsory leave in September 2012 following an unrelated matter. He pleaded not guilty to the charge of assault occasioning actual bodily harm when he appeared before Senior Magistrate Tamia Richards yesterday.
Forbes, a resident of Sea Cows Bay, told the court that he was a prisoner on remand when the incident allegedly occurred at HMP in Balsum Ghut on July 11, 2011.
According to the VC’s testimony, he was "chilling out" and watching television in the hallway of the Prison’s juvenile section around 10 A.M. when Morton approached him with a request to wash the dishes.
The former inmate disclosed that his cell was the only one open at the time of the incident and one other inmate was also outside of their cell. He told the court that Morton had opened his cell earlier in the day and it was a customary practice for cells to be opened in the morning at the prison.
The VC stated that he told Morton that he would not be washing any dishes when the request was made while he was watching television as he had done the dishes on the previous day. “He talked as if he wanted me to (wash the dishes) all the time,” the VC related.
Forbes further told the court that Morton in his response said, “Ok, you aint doing it?” and expressed that he (Forbes) wasn’t ‘studying’ Morton when he asked the question.
It was at this point that Forbes alleged, “he (Morton) grabbed me and pulled me out of the chair and I fell on the floor… he grabbed me by my shoulders and I fell backwards and he pinned me down.”
According to the VC, Morton held him down and “had his kneecaps on my hand so I can’t move”. The VC further alleged, “he held my head with his hands and bounced my head on the concrete… I aint remember nothing else.” Forbes related that another inmate saw the entire incident and later filled him in on what transpired afterwards.
The former inmate told the court when he regained consciousness, he was on his bed and awoke to a “mad headache” and Morton was the first person he saw. When he asked the former prison officer what was going on he said the defendant shook his head.
After he awoke there were more guards outside of his cell, one of whom enquired what was wrong and later assisted him in receiving medical treatment afterwards. Forbes said he received treatment at the East End Clinic and his mother came to the prison a few days later and accompanied him to the Peebles Hospital.
The VC said he still has headaches to this day and the bump he received following the incident could still be felt at the back of his head. He further expressed that he had no previous falling out with Morton and their interactions had been "smooth" prior to the incident. Forbes told the court that he also suffered scratches to his arm and his neck was in pain after the alleged incident occurred.
During cross examination by defence attorney Marie Lou Creque, the VC denied that he received the injuries while he was cursing and screaming at the officer when he was reportedly resisting being taken back into his cell.
He also could not recall being seen or examined by a nurse at the prison immediately following the incident on the day in question.
27 Responses to “UPDATE: Fmr prison officer Morton has case to answer - Magistrate”
It is known that the other inmates who were there spoke exactly what happened and it was totally different to what this Forbes is saying. in fact they said that " the OFFICER did his job the right way ( meaning without cruelty) since Mr. Forbes was very disrespectful.
Officer Morton was placed at the juvenile center in the prison after officer Marsan was choked for opening F......' cell to remove a towel which was placed by F.... to cover the window so that the officer couldn't see through. When he unlocked the door F..... came out and choked Marsan. this is the same person who pulled a gun on his own father.
I glad ppl starting to see what kind of person V F is he he might have choke me but thanks be to good I act wisely if have get real worth and hospital him ppl would have say that prison officers taking advantage at the juvenile inmates but nobody don't see how disrespectful that V F is
All these F....men and women are either thieves, making childern, in please business, have man problems, woman problems or just trying to get rich from the poor or from the wealthy....................... That boy is a lone trouble child check who hes for and his sisters them that would let you be the jidge to know those F.......s..... Real Talk