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Five men fined for city brawls

Rival gangs armed with bottles, switchblades and machetes battled their way through Hamilton overnight on Saturday and Sunday morning leaving five people in hospital.

Five men were convicted of brawling and weapons offences in Magistrates' Court yesterday as a result of the fighting - which involved up to 30 men - between the gangs from Warwick and Hamilton.

Police reported that the disturbances occurred outside of the Emporium Building and Club 40 on Front Street, Champions nightclub on Reid Street and Roosters on Court Street.

Five of the men, including a Champions Club bouncer, were taken to King Edward VII Memorial Hospital (KEMH). Police were later called to assist hospital security to maintain order between the rival groups and their companions who were exhibiting threatening behaviour to emergency staff.

Acting Senior Magistrate Carlisle Greaves said he wanted "all the people who witnessed you on Sunday morning to see you pushing a broom and shovelling in orange, but I find my hands tied".

Instead, Mr. Greaves fined the men with a warning of "pay now or stay now (in custody)".

Gladwyn Llewelyn Cann, 19, of Warwickshire Drive, Warwick pleaded guilty "with an explanation" to using offensive language on Front Street.

Crown counsel Cindy Clarke told the court that Cann had told Police officers, "nobody's f***ing touching me" while he was being escorted out of a club.

Cann told the court: "I was taking myself out of the club, then the bouncers started gripping me.

"Yeah, I cursed. What I'm being charged for is what I said."

Mr. Greaves suggested: "It seems to me like I see you every week - why should you be so familiar to me?"

Cann said: "Someone has been using my name for traffic offences."

Mr. Greaves fined him $250 to be paid on the spot or jail for 40 days.

Also appearing in Magistrates' Court was Kyhon Andrew Smith, 19, of Sylvan Dell Road, Paget.

Smith pleaded guilty to assaulting a Police officer while he was executing his duty and having an offensive weapon on Front Street at 3.45 a.m.

Ms Clarke told the court that Police saw 30 men fighting on Front Street and they saw Smith with a glass bottle hitting another man in the head. He then held the bottle above his head and threw it on the floor, sending off glass fragments everywhere.

Police grabbed a hold of him and he raised his right leg and kicked the officer in his shin.

Smith told the court: "When the guy hit my boy, I saw the bottle and hit him. Also when I realised that it was the Police I went with it, that's why I am not charged with resisting arrest."

Mr. Greaves said: "I am not going to preach to you youngsters this morning."

He fined Smith $250 on count one and another $250 for count two or 80 days in prison. Marco Decosta appeared in court on charges of having an offensive weapon in the same fight that Smith was involved in.

Decosta, 20, of Cobbs Hill Road, Warwick pleaded guilty with an explanation to having a glass bottle, depositing litter and being in a street fight on Front Street. Decosta said: "Your honour, I was walking along Front Street when someone swung a bat at me. When I ducked, I saw a bottle and hit him - that's when the Police came."

Mr. Greaves asked: "How long has this war been going on?

Decosta said: "I am from Cobbs Hill, Warwick and the other guys are from town."

Mr. Greaves asked: "So the boys from town and the boys from Warwick don't get along?"

Decosta told Mr. Greaves that he just got a job doing construction. Mr. Greaves handed down a fine of $750 in total. After fining Decosta, Mr. Greaves said: "I have a little warning for you gangsters. I am a judge who doesn't forget, come again and see if you get a fine."

Also a man charged with having a machete appeared in the Magistrates' Court, Plea Court session yesterday. Burnell Simmons, 22, of Overhill, Pembroke, pleaded guilty to being in possession of an offensive weapon and assaulting a Police officer.

Ms Clarke told the court that Simmons was in the same fight and ran west down Front Street. He was told to drop the machete, but he raised it, turned and ran. Two Police officers chased him from Front Street to Reid Street where he was caught. In the fray one officer was injured and was taken to KEMH.

Simmons told Mr. Greaves: "I didn't raise the machete to the Police officers."

Mr. Greaves said: "I'd like to send them (the accused men) out to scrub down Front Street until the 18th of the next month. But in order for me to do this I have to order a Social Inquiry Report.

"You cannot expect this kind of justice to work. I want all the people who witnessed you on Sunday morning to see you pushing a broom and shovelling in orange, but I find my hands tied."

He added: "The modern expert tells me that's not the way, but I like the way the old guys set up summary offences. When sentencing is immediate, it has an immediate effect, rather than sentencing you eight weeks down the road - it's best when it is fresh in the mind."

He fined Simmons $750 to be paid immediately or 90 days in jail for the two offences.

Ezra Williams, 17, of Cedar Park, Devonshire was fined $500 after appearing on a charge of being in possession of an offensive weapon.

Ms Clarke told the court that Williams had a metal lighter switchblade. Police noted that he was acting suspiciously by putting his hands in his pockets. Williams said: "Let the record state that it was also a lighter."

Mr. Greaves said: "I am going to be consistent with my judgments as it was a prohibited weapon, not just an offensive weapon and he had it in his pocket. I fine you $500."

Appearing last was Tyari Shaun Harvey, 25, of North Shore Road, Devonshire who was charged with using offensive language and resisting arrest at 4.10 a.m. on Sunday. Ms Clarke told the court that Harvey was cursing off a woman saying "f*** off you f***ing bitch" outside of Champions Night Club. Police noted that he then forcefully pulled away from officers - he was restrained. Harvey said: "Why couldn't you arrest her too? She was cursing as well."

He added: "I've been out of jail for nine months and I am working."

Mr. Greaves said: "People curse you everyday, people come to court everyday and curse me, but they can't say that I curse them back.

"Do you remember the saying `sticks and stones may break my bones, but names will never hurt me'."

But "have you heard about `a soft word'?" Mr. Greaves continued, "a soft word turns away wrath. The next thing is you are in trouble. But you have spent so much time in jail - you have had no chance to learn."

Mr. Greaves said: "I am having a de-fining moment - it is time for de fine."

And he fined Harvey $250 on each count, a total of $500.