Alleged victim, defence lawyer clash in assault trial
A man who fell victim to an alleged mob attack got embroiled in a heated exchange with a defence lawyer who called him a liar.
Charles Richardson, who represents one of seven men on trial over the incident, suggested to Temasgan Furbert: "You've not been completely honest or accurate with this jury about many of the things that happened that night."
Mr. Furbert denied it.
But pressing him further over his character and reputation, Mr. Richardson suggested: "You are often used by people as some kind of back-up muscle when they expect violence to take place." He denied that too.
In evidence on Monday, Mr. Furbert described how a group of 20 to 25 men arrived at his home in Midland Heights Road on February 27, 2009.
He said they smashed the windows then chased him, and attacked him with weapons including a power drill, machetes, a baseball bat, helmets and a cane.
He required plastic surgery after his lip was almost torn off, lost four teeth, and needed stitches for a wound behind his ear allegedly inflicted with a power drill.
Seven men from St. George's are charged with wounding Mr. Furbert with intent to cause him grievous bodily harm: Detroy Smith, 24, Kyle Tannock Williams, 28, Damon Darrell, 28, Bennett Phipps, 26, Allan Douglas, 22, Kiawan Trott, 25, and Kiwaun Gilbert, 23.
Douglas and Trott are said to have been armed with machetes while Tannock Williams is alleged to have had a baseball bat. All seven are also accused of smashing the windows of Mr. Furbert's family home in the same incident.
According to the prosecution, it was a revenge attack prompted by a fight involving Mr. Furbert and two men from St. George's the night before.
The men deny all the charges and claim they were never at the scene.
In cross examination yesterday, Mr. Richardson, who represents Allan Douglas, suggested what really happened was Mr. Furbert got word that some men were looking for him and left his home before they arrived.
Then he saw them smashing it up from afar and got "vexed."
Mr. Richardson suggested Mr. Furbert responded by going down to North Shore Road and throwing large rocks at some of the men as they left on motorcycles before attempting to lead them into a yard full of dangerous dogs.
Mr. Furbert denied all of this.
"Am I upsetting you?" inquired Mr. Richardson at one point during the exchange.
"Yes you are," responded Mr. Furbert.
"I'm not going to stop asking you questions," countered Mr. Richardson.
"Let's get this started," replied Mr. Furbert. "Ask me all the questions you want. I'm going to sit up here and tell you the truth of what I remember, so go right ahead!"
This caused Puisne Judge Carlisle Greaves to interject: "Right Mr. Complainant. It is his job to get under your skin."–Turning to Mr. Richardson, who sat down while the judge was speaking, Mr. Furbert told him: "Come on. Let's go. Stand back up."
However, he later took issue with another suggestion from Mr. Richardson.
That centred on the fact that Mr. Furbert described Damon Darrell in his Police statements as "the ringleader" of the attack but never mentioned his name when giving evidence.
Mr. Furbert said that was because Darrell was at the scene but did not attack him so did not mention him when describing the attack.
Mr. Richardson pointed out that Mr. Furbert and Darrell have recently been incarcerated in Westgate together, and suggested that they "communicated" during that time, leading Mr. Furbert to realise Darrell "was never there" at the scene.
Mr. Furbert denied this, saying the prison officers would not allow such communication and Darrell was indeed at the scene.
But Mr. Richardson who famously studied for his law degree while in prison himself told Mr. Furbert: "You know I was there a lot longer than you. Don't tell me what happens there."
Mr. Furbert repeatedly asked for a rest break during the cross examination, complaining to Mr. Richardson: "Seriously man. You're making me re-enact the whole night. It's not feeling nice."
But the lawyer replied: "It's not nice being wrongly accused either."
The court subsequently took a scheduled coffee break. When the 12 women who make up the jury came back in after the break, Mr. Furbert told them he was "sorry".
The case continues.