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Magistrate rules on the semantics of swearing

Magistrate Edward King

It is not offensive to say the word 'f**k' to a Police officer, a Magistrate ruled in court yesterday.

Magistrate Edward King told Police that they "have to have stronger stomachs" and not take offence at swearing from the public.

Mr. King's comments came in Magistrates' Court where he found a Sandys man not guilty of using offensive words in public

"You have to look at the context in which the word is used," Mr. King said.

Mr. King said the f-word is actually derived from an antiquated Police shorthand term. Spelling out the letters with emphasis, he said it stood 'For Unlawful Carnal Knowledge'.

"One interpretation of the word is a description of a sexual act," said Mr. King. "In another way, it means 'leave me alone'.

"The Police use it, magistrates use it, friends use it - in every instance it is not an offensive word.

"It can be a verb, an exclamation, an adjective."

Mr. King ruled that Ronald Wilson, 31, was not speaking offensively outside the Spring Garden night club on July 3 when Police heard him say: "These guys are f***ing with me."

After being warned about his language, Mr. Wilson then told the Police: "Ok, these guys are just messing with me."

Initially yesterday, Mr. Wilson pleaded guilty to the offence.

But Mr. King said that Wilson did not offend anyone with what he said and actually clarified what he meant by the expletive.

He said: "He explained that what he was saying was 'ok, these guys are just messing with me'."

Mr. King said the dictionary defines the phrase 'f***ing with' as 'messing with'.

"In another context, f*** is used in a direct sense, which is in the dictionary too," Mr. King continued. "To say 'f*** off' means 'leave me alone'.

"But if I say 'I'm going to f*** you up', then it is offensive.

"If I say 'your mother is f***ing so and so' and 'so and so' and 'so and so', then that's offensive.

"But if I say 'I saw a man and woman f***ing', is that offensive?"

Turning to another example, he asked: "Is bitch an offensive word?

"No, it isn't, because a bitch is a female dog. But, you tell a woman that she's a bitch and of course, it is offensive.

"We must look at the context before it is called an offensive word. It's the same as an offensive weapon.

"It has be adapted to be offensive."

Mr. King said a man might be charged with carrying an offensive weapon for carrying a pen knife.

But, he said, for it to be an offence it has to be proved that he planned to use it to cause injury or fear.

At this point Wilson interrupted Mr. King.

"In that case I plead not guilty," he said.

"Keep quiet, I'm not your lawyer," a brusque Mr. King responded.

A few minutes later he returned with his verdict.

"There was no offence committed by this defendant," he said. "I find him not guilty."

When the Director of Public Prosecutions Vinette Graham-Allen was contacted later yesterday, she told The Royal Gazette that she did not have enough information on the case to make a comment.

"We'd have to look at the legislation itself and see how it was interpreted in this case," she said.