Accused claims Chief Justice is `biased'
from his Supreme Court case.
The unrepresented suspect claimed that Chief Justice Austin Ward showed bias during his earlier bail application and that he was prejudiced against defendants who represented themselves in court.
But the Mr. Justice Ward denied Anthony W. Swan's application which was made before the jury panel before the start of his trial.
Swan, of Rockaway Estates, Southampton has pleaded not guilty to one charge of burglary and one of assault.
It is alleged that Swan stole a handbag containing a purse, credit cards and cash to the value of $211 and assaulted a plain-clothed Police officer on November 7, 1996.
Yesterday, a seven-man, five-woman jury heard how P.c. Simon Payne spotted Swan, clutching a lady's handbag, on Woodbourne Avenue and attempted to apprehend him.
P.c. Payne said the pair struggled, but thanks to the aid of two members of the public, he was able to handcuff Swan.
Under cross examination by Swan, P.c. Payne admitted that he did not follow the proper Police procedure of identifying himself and showing his warrant card, the night he apprehended Swan.
Although he said he identified himself as a Police officer, P.c. Payne said "he didn't stay long enough for me to produce the warrant card''.
P.c. Russell Matthews told the court that he arrived at the scene around 10 p.m. to find Swan face down on the grass and handcuffed.
And he said he spotted a black handbag and a sock close to where Swan was laying.
P.c. Russell testified that he went into the Oxford Guest House and spoke to a couple staying in room number three on the ground floor.
"One of the windows was open and the fly screen had been pushed back,'' he said. "A sock was hanging on the hinge of the window.'' Outside the room, P.c. Payne said he discovered a black shirt on a wall and upon climbing the wall he noticed other items of clothing including a pair of sneakers.
Area resident Graham Coxall testified that he heard cries for help around 10 p.m. outside his Woodbourne Crescent home.
When he got outside, Mr. Coxall said he saw a slim, black man wearing a white vest, dark shorts, socks and no shoes lying on the ground with another man on top of him.
He also said he noticed a lady's handbag near the men.
Under cross examination by Swan, Mr. Coxall admitted that he did not witness an assault on P.c. Payne.
"I did not see this man do anything to the Police officer,'' he said. "He was laying down.'' The trial continues today before Mr. Justice Ward with Charlene Scott appearing for the Crown.