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Man placed under curfew after struggle with Police outside club

Senior Magistrate Archibald Warner told a 39-year-old man that he was trying to save him from himself when he ordered a social inquiry report and imposed a curfew on him.

Edward Smith, of Spruce Lane, Pembroke appeared at Magistrates? Court on Tuesday to answer charges of using threatening words, resisting arrest, and wilfully damaging a Police vehicle and mattress at Westgate facilities.

He pleaded guilty to damaging the mattress but pleaded not guilty to the other three charges.

On October 27 Police arrived at Reid Street outside Champions nightclub at 5.30 a.m. because of a reported assault.

They found a young woman on the ground, with blood on her left elbow, and the defendant yelling ?I didn?t do anything?.

Police officers then tried to arrest the defendant but he continued to yell at them and wave his arms.

Four officers eventually got him on the ground and handcuffed him, but he continued to kick out.

Smith said no one told him he was arrested.

The officers merely told him: ?You?re coming with us.?

P.c. Paul Marseen said that when officers tried to put Smith into a Police vehicle he continued to kick the door panel of the vehicle, causing it to buckle.

Smith said he was screaming and yelling and that he did bang his head against the Police vehicle, but denied kicking out at officers.

Mr. Warner found Smith guilty of violently resisting arrest.

He said the issue came down to if Smith was lawfully arrested.

The young woman Smith was suspected of assaulting did not press charges because she said she hit him first.

However, Police had reason to suspect an assault did take place because they found her on the ground and Smith in an agitated state.

Mr. Warner also said officers did not have to use the word arrest and that ?you?re coming with me? was enough for Smith to have realised they were arresting him.

Mr. Warner also found him guilty of damaging the Police vehicle.

Smith was also charged with using threatening words on October 28. P.c. Darren Harvey was on cell watch that evening and recorded that Smith said: ?I?ll kill a cop tonight. Come in here and I?ll kill a cop tonight. I?ll make a bomb and blow it up in the station and kill all of you motherf**kers.?

Smith said he did not remember exactly what he said because he was upset but that he does remember saying some ?terrible things?.

Mr. Warner found him not guilty of this offence because Smith did not actually threaten an individual.

Smith is currently on psychiatric medicine. He was absolutely discharged on similar charges in early October. Mr. Warner said he seemed to get in to trouble when he mixed his medicine with alcohol.

Smith?s minister Dave Blakeney said he was working with the man and would take responsibility for him if he was not locked up. Mr. Warner decided to order a social inquiry report to find out what services Smith would benefit from. He also released him on $1,000 bail and imposed a 11 p.m. curfew on him to ensure he would not drink at night clubs. Mr. Warner said that sending the man to jail would not solve anyone?s problems.

Smith will appear before Magistrates? Court on December 13.