Prosecution fails to convince: `It was a case of her word against his', says
ERROR RG P4 3.9.1999 A story in yesterday's newspaper stated that Randy Benjamin Jr. had a previous conviction of attempted murder. In fact, Mr. Benjamin's previous conviction was of unlawful wounding.
A 32-year-old man with a previous conviction of attempted murder walked free from Magistrates' Court after being tried for possession of an offensive weapon and uttering racial slurs.
Randy Benjamin Jr., of Schools Drive, Devonshire, stood to hear Magistrate Archibald Warner's decision after an hour-long trial in which only one witness was presented by the prosecution.
Mr. Warner said in order to convict he must be "convinced beyond reasonable doubt'' of Mr. Benjamin's guilt and that not enough evidence had been presented to do this.
Crown counsel Leighton Rochester had hoped the case, which has been put off on a number of occasions, would be adjourned once more so that he could present more witnesses.
Of the original three complainants, involved in the alleged incident on March 15 of last year, only one showed up to testify.
Madonna Margerita Laurin gave her version of the events, saying that at 4 a.m.
she encountered Mr. Benjamin at the entrance to the Emporium on Front Street.
She described how when she passed Mr. Benjamin with her cousin, Jan Desilva, and said "Good evening'', he came back with "You ****ing white b****. You don't like white people''.
Ms Laurin said: "I was shocked and appalled by his words. I turned to him and told him that I didn't like his racist remarks.'' After that, according to Ms Laurin, a passer-by, Patrick Jones, stopped and asked if he could help.
"An argument began and we left the building and moved onto the sidewalk,'' Ms Laurin said.
According to the witness, Mr. Benjamin then pulled out a knife from behind his back and threatened the two men.
Ms Laurin said: "After that we left the scene and all three of us went to the Police station.'' Shortly afterwards, Police attended the scene and arrested Mr. Benjamin. Mr.
Benjamin, who had chosen to represent himself, spoke in his own defence. He called himself to the stand and gave his version of events to the court.
"I was outside Oasis having a conversation with my friend when all of a sudden this lady came from behind me and said: `I'm not prejudice'''.
Mr. Benjamin said he was surprised and turned around to confront this woman.
"I wondered what she was talking about and I asked her who she was,'' Mr.
Benjamin said.
But he said Ms Laurin was the one causing the trouble and that she was drunk and "in my face''.
His version of events claimed that, although he was in possession of a knife, it was never brandished and "used just for opening the seat of my bike''.
After deliberation, Mr. Warner said it was just a case of "her word against his'' and that there was not enough evidence on the prosecution's part to justify conviction on any of the charges.