Charges dropped against teens involved in bus depot fracas
Prosecutors have dropped a charge of riotous behaviour against four teens arrested in a fracas in January at the Hamilton bus depot.
Magistrate Archibald Warner yesterday told three of the young men they were free to go and blasted the turn of events. He said he was amazed that no charges were pursued for such a serious charge.
It is understood Police were willing to drop the riotous behaviour charge as no member of the public was involved.
But one of the group, Damen Derek Mallory, admitted using offensive words on January 19 when he swore at Police as they took another man into custody.
The men were arrested after a Police officer called for assistance as he tried to stop a fight between two girls around 4.30 p.m.
The Police estimate the crowd to have been between 250 to 300 young people.
The incident made headlines the day after and some of the men appeared in court wearing school uniforms. Mallory's arm was in a sling.
Mallory, 18, of Ord Road, Warwick, pleaded guilty to offensive words and not guilty to obstruction, offensive words, and violently resisting arrest.
The others, Kirkland Ronald Simmons, Frederick Anthony Swan, and Jamil Crosby Simmons, all pleaded not guilty to riotous behaviour. Kirkland Simmons, 16, of King Street, Pembroke, and Swan, 16, of Harrington Sound Road, Smith's Parish, also denied obstructing a Police officer in the execution of his duty. Jamil Simmons, 19, of Curving Court, Pembroke, also denied obstruction and a third charge of using offensive words.
Crown counsel Leighton Rochester said no evidence would be offered against the men on the charges except Mallory's offensive words.
Before sentencing Mallory, Mr. Warner said: "It seems amazing that these people for which a charge of riotous behaviour was alleged and was set down in these courts for all day and the prosecution offer no evidence.'' He added: "It leaves a perception that these people should not have been arrested. This is ridiculous and a complete waste of time.'' Mr. Rochester said Mallory was arrested after he repeatedly shouted obscenities as Police arrested another man and placed him in a marked car.
Mallory's lawyer Victoria Pearman, who disputed the facts and suggested a conditional discharge, said: "It would be wrong to criminalise a whispered curse after being beaten by Police.'' Ms Pearman -- who also represented the other men -- said Mallory lost his job as a result of his injuries and had only recently started working again.