UPDATE: 'Ras White' fined for Police assault & indecent language
He had previously pleaded guilty to assaulting a Police Officer during a heated argument with another man. He was also charged with common assaulting and using indecent language in the presence of the Officer.
Fonseca was repremanded and discharged by Senior Magistrate Tamia Richards on the charge of common assault the other man. He was fined $1500 for assaulting the Police Officer and $200 for use of indecent language.
Magistrate Richards told Fonseca that it was a new year and encouraged him to do better.
See previous story posted December 7, 2012:
'Ras White' apologises for assaulting Police officer & resident
ROAD TOWN, Tortola, VI – Stuart Fonseca aka 'Ras White', 48, of Sea Cows Bay expressed remorse and apologised before the Magistrate's Court yesterday, December 6, 2012 after he pleaded guilty to assaulting a Police Officer during a heated argument with another man. He was also charged with assaulting the other man and using indecent language in the presence of the Officer.
Fonseca, who currently works as a Marine Engineer, was reportedly having a second set of drinks while celebrating his new employment when the incident occurred at Cool Breeze Bar in Great Harbour, JVD on August 30, 2012. He was represented by attorney Mary Lou Creque.
After the defendant pleaded guilty to the three charges of common assault, assault on Police and use of indecent language, Crown Counsel Sarah Benjamin gave an outline of the details of the incident to the court.
She said a report was made to the JVD Police station and an Officer went to Great Harbour in the vicinity of Cool Breeze Bar where he met the defendant in the company of the Virtual Complainant (VC) and another person in a heated argument.
The policeman, dressed in plain clothes at the time, approached the defendant and identified himself as an officer and showed his badge. He informed the defendant that he was conducting enquiries into a report that was made of an assault on the VC but the defendant allegedly refused to listen to the officer and continued to speak with the VC.
The court heard that the officer then held on to the defendant’s shirt and tugged on it. The defendant then allegedly struck the officer to his forehead with his fist after which he was informed that it was an offence to assault an officer in the execution of his duties and told that he would be arrested.
Fonseca then allegedly became extremely angry and in a loud tone of voice said to the Officer, “I ain’t going any [expletive] way.” He was eventually subdued by the officer and taken to the Police station where he was informed of the charge and placed before the court.
In mitigation, attorney Mrs Creque said the man was a BVIslander and was previously of good character; additionally he did not waste the court’s time but pleaded guilty at the first opportunity. He was reported to have had some drinks before the incident with the VC. She added that he further admitted to alcohol abuse for which he has since sought treatment at the Sandy Lane Centre. Mrs Creque requested a fine and leniency from the court.
Fonseca then apologised to the VC and officer for his actions on the day of the incident.
He will return to court on January 17, 2013 to know his fate.
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