UPDATE: Raphael Fahie fined for police assault
The charge of threatening language was dismissed after attorney Patrick Thompson made a successful no case submission in this regard.
Magistrate Dr Velon L. John said the entire atmosphere surrounding the circumstances of the incident that evening was punctuated with violence and stated that it was regrettable that the defendant’s sister or friend could not testify to corroborate his story.
In relation to Fahie’s testimony, John ruled that he was economical with the truth and said there was a diabolical contradiction discerned in the person of the defendant.
He pointed to Fahie’s testimony where he said that he was preparing dinner while at home at 10:30PM and his subsequent statement that he didn’t usually eat late at night hence his request at the police station was only for water.
Fahie was fined $200 on each of the five offences and instructed to make payment within 48 hours or face 14 days of imprisonment on each charge.
See previous story posted February 26, 2014:
Raphael Fahie denies assaulting police, behaving disorderly
ROAD TOWN, Tortola, VI – The Crown presented its case against Raphael Fahie of East End, yesterday, February 26, 2014 with two police officers offering testimony against the defendant.
Fahie pleaded not guilty to charges of common assault, threatening language, indecent language, resisting arrest, disorderly conduct and assault on police all allegedly committed on June 28, 2012. He is represented by attorney Patrick Thompson.
Officer Lenroy Samuel told the court that he was stationed at the East End Police station when a report was received regarding the defendant and accompanied two other officers to Fahie’s home to investigate the matter at Old Plantation around 10:00PM on the day in question.
Samuel testified that Fahie was uncooperative when Police arrived and closed his door and went inside after they came. Officers left the residence and returned to the station. They returned and called the defendant who came and stood in the doorway. Officer Jerome Padmore told the defendant he was being arrested for destruction of property and he allegedly replied: “Ayo [expletive] better get off my place.” Padmore then informed the defendant it was an offence to use indecent language in the presence of police officers as they are executing their duties.
The officers then left for members of the task force unit after observing certain behaviours of the defendant but when they returned he was absent. A search was conducted and he was discovered sitting on a wall in Long Look. He was cautioned and told he was being arrested. He allegedly replied: “Ayo putting ayo hands on me [expletive] arresting me. [Expletive] ayo turn coming.”
Padmore then approached the defendant to effect an arrest but was allegedly pushed away by Fahie before he walked away. He was informed that he was resisting arrest and that this was an offence and was eventually subdued by members of the task force who accompanied him to the East End Police Station.
While in a cell at the Police station Fahie, allegedly behaved in a boisterous manner and spoke in a loud tone while cursing and banging on the cell door. Due to the alleged disturbance created, officers went into the cell and placed the defendant into an inner smaller cell. While doing so, Fahie allegedly punched Officer Samuel in the mouth and kicked Officer Padmore in the waist.
Later, at approximately 2:25AM, during a cell check the defendant allegedly told Officer Samuel, “I will kill you.” At the time, Officer Samuel said Fahie appeared enraged and uttered the words in a stern voice.
The defence, in cross examination, established that Samuel was in a relationship with the defendant’s daughter who had made a report on the evening and questioned whether he felt this was the appropriate thing to do.
It also emerged that Fahie was at home alone with a young toddler when Police first arrived at his home. The defence also charged that Fahie had requested water while incarcerated and was refused by officers. Officer Padmore testified that his personal safety and the security of the station was threatened when Fahie was banging on the cell door.
.png)
.png)
.png)
Follow Us On
30 Responses to “UPDATE: Raphael Fahie fined for police assault”