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Judge goes after witness

A witness faces prosecution for lying to the Supreme Court after the collapse of a robbery trial yesterday.

Christopher Eugene Pond had told Police he had been attacked by Nikia Jayvon Burchall but in Supreme Court yesterday he denied signing the statements and said he didn't remember making them.

Assistant Justice Archibald Warner said he believed Mr. Pond's earlier statements to the Police but directed the jury to acquit Mr. Burchall, 26, of Middle Town, Pembroke for the alleged attack on March 14 this year.

Mr. Warner said: "This is a case of, not withstanding the best efforts of Police and prosecution authorities, how a court can be frustrated in dealing with these matters."

He said Mr. Pond would be investigated for his behaviour in court with a view to prosecuting him for any criminal offence.

The jury and courts all played a part in making society better said Mr. Warner but things would not improve with the likes of Mr. Pond.

At the beginning of the trial Crown counsel Charmaine Smith told the court that Mr. Pond had been beaten unconscious by four men in Angle Street in the early hours after being in a road accident.

They then took money and jewellery worth $2,925.

Early on Mr. Pond, a building worker, announced he didn't want to proceed with the trial. He then claimed the numerous signatures on Police statements were not his.

He said he didn't recall signing the part which said he would be liable to prosecution if he wilfully made false statements or something he knew not to be true.

The two statements taken by Det. Con. Malcolm Dill just days after the attack were then read to the court in which the witness said he had ridden into town along Court Street and was hit by a girl on a moped.

He said he was in pain and bleeding from the collision and calling out for someone to alert the Police.

In the statement he said he saw a man, not before the court, tell others including Mr. Burchall that he recognised Mr. Pond as coming from the Rec.

The statement said Mr. Burchall had started the attack with the others, also from the Middle Town area, laying in kicks.

The statement said: "I tried to get up, Burchall kicked the left side of my face and my mouth."

He said Mr. Burchall, who he was familiar with, then took a bracelet and gold chain. When he shouted for Police help Mr. Burchall punched him again according to Mr. Pond's statement to Police. He told Police he was carrying $1,300 cash to pay a lawyer which was discovered by Mr. Burchall.

The statement went on: "I saw Nikia Burchall take the money out of the wallet throw it on the ground. He kicked me in my mouth."

The statement said he had woken up in hospital with cracked ribs, a fractured cheekbone, bruises and cracked teeth which needed re-constructive surgery.

Mr. Pond, who was often incomprehensible in court, also said he suffered a split mouth which had needed a suture.

The statement concluded that he wanted his attackers prosecuted.

A second statement was equally emphatic.

It read: "I have no doubt in my mind Nikia Burchall was the person who robbed and assaulted me."

Mr. Pond's statement said there was plenty of light from the nearby Progressive Labour Party headquarters and from streetlights to identify his attackers. He said one of the attackers was bent on revenge after being beaten up by "guys from out of the Rec".

But in court yesterday Mr. Pond, 35, denied having any clear memory of this although he said he did give statements to Police.

Mr. Pond was made to swear on the Bible again and was warned about his behaviour by the judge who declared him a hostile witness.

He said: "Do you know what is perjury?

"Lying. I believe you are lying on this stand. I have already ruled you as a hostile witness.

"I believe you are lying and came to this court with the purpose of lying, misleading and deceiving this court.

"That's what I think. If I don't lock you up, I will have you locked up. I am warning you, you took an oath."