Man tells court how Police assaulted him
The trial of two Police officers charged with assaulting a man in custody got underway yesterday in Magistrates' Court.
Det. Con. Terrance Gift, 41, and P.c. Shannon Wolffe, 30, both of Pembroke are being tried together for unlawfully assaulting Harvey Elswood Williams Jr. and causing him bodily harm on November 22, 1996.
Williams, a 24-year-old student, has claimed the officers assaulted him at the Narcotics Division at Prospect where he was detained after being arrested for attempting to export more than $25,000 without permission from the Bermuda Monetary Authority.
Williams, who insisted the cash was for his education, appeared in Magistrates' Court a month later and admitted to the offence.
He was ordered by Magistrate Edward King to forfeit the money and pay a $500 fine.
But yesterday Williams told Senior Magistrate Will Francis he was subjected to Police brutality on the day of the offence.
Williams described how Det. Con. Gift and P.c. Wolffe assaulted him in the interview room of the Police Narcotics Division at Prospect.
Williams, who has lived in California for the past seven years, said: "I came back to Bermuda in early November, 1996 after my good friend passed away. I needed a vacation.'' He claimed that the money was from savings he had sent to his mother in Bermuda while working in California.
He added that he was scheduled to leave the Island on November 22, 1996 when he was pulled aside by US Customs officials.
"They took me to a room and asked me if I had any money on me,'' Williams recalled. "I told them I did and they took it away. They counted it on a table in front of me.
"Then two Bermudian officers came and arrested me.... I stayed in a holding cell at the St. George's Police Station for a few hours after that.'' Williams also told the court how he was escorted by officers to the Hamilton Police Station and then to the Narcotics Division.
"I was taken to a room and a female officer (P.c. Na'imah Williams) advised me not to raise my voice or fight any officers that came in,'' he added.
Williams testified that at this time D.c. Gift and P.c. Wolffe entered the room and told him to relax.
"They were polite and asked me where the money came from,'' Williams explained. "I told them I would tell them the truth.
"Then all of a sudden their attitudes changed. Their voices went quickly from pleasant to very serious.'' Williams said he told the officers he had "been saving the money for a long time to get an education'' by working on cars and cutting meat.
But he said neither of them seemed to believe his story.
"They kept saying, `You are lying boy. Just tell the truth','' Williams recalled.
He then described to the court how he was punched and kicked by the officers.
"Wolffe stood up and punched me in my left side. I went into the corner and bent over. I was holding my side.
"I did not defend myself or scream or yell. I asked him why he did it. He said, `That is not all the licks you are going to get today.' "I kept saying it was wrong.... They kept saying I was lying. Gift told me to get on my knees and put my hands behind my back.
"Then Wolffe grabbed my hair and slapped me on the right side of my face. I said, `Why are you treating me like a criminal. You are treating me like I raped somebody or shot somebody or murdered someone. I do not deserve to be treated like this.' "Then Gift came around the table and kicked me twice like a football in my stomach. I coughed up liquid like spit. I was very afraid and very scared.
"That is when tears came to my eyes because of the pain. I felt that if I shouted they would beat me up worse.
"They told me to sit back in the chair. I had my head between my legs and Gift said, `Now, are you still lying to us?' "I said I had no reason to lie.'' Earlier in the day, P.c. William Patterson and Det. Con. David Bird recalled the events leading up to and after Williams' arrest.
P.c. Patterson told the court that around 6.40 a.m. he and another officer were called out to the airport by US Customs officials who had caught a man trying to smuggle "a large sum of US currency''.
He added that they were led to a detention room where Williams had been detained after US$25,225 had been found sewn into the lining of his pants waist.
The officers then arrested Williams and took him to the St. George's Police Station.
"In the car Williams was saying that the money was for his education,'' P.c.
Patterson recalled. "He said, `It is for my education. I just want to go to college.' "When we arrived at the station, Williams and the money were handed over to the day watch sergeant and after that I don't know what happened to the money.'' P.c. Patterson added that he believed a drug investigation was then launched.
Det. Con. Bird, who works for the Police Narcotics Division, testified that around 9 a.m. he escorted Williams in a marked car to the Hamilton Police Station.
"He was proclaiming his innocence saying the money was for his education and not for drugs,'' D.c. Bird explained. "He appeared to be agitated and was sobbing.
"I remanded him in custody in the jail area of the Hamilton Police Station and after that I had no further part in the investigation.'' The trial resumes this morning with Williams back on the stand. Nicole Stoneham is representing the Crown while lawyers Richard Hector and Julian Hall are representing Det. Con. Gift and P.c. Wolffe, respectively.