Woodford Hill man found guilty of unlawful wounding

A five-woman, four-man jury has found Bertrand Benjamin of Woodford Hill guilty of the unlawful wounding of Michael Telemacque of the same community.

Benjamin, who was indicted on two charges, Wounding with Intent to Cause Grievous Bodily Harm (GBH) and Unlawful Wounding, was convicted for the lesser charge on Tuesday at the High Court.

What was expected to be a two-day trial went over one week as the State and Defense called a total of 8 witnesses to the stand.

The Prosecution’s case was conducted by State Attorney, Daina Matthew, and was led by the Director of Public Prosecution (DPP) Evelina Baptiste, whilst attorney-at-Law Dawn Yearwood-Stewart represented the defendant.

Day one of the trial– December 7, 2020– Telemacque was the first witness to take the stand. According to the virtual Complainant (VC), he worked as a security officer at the Moroccan Hotel  in Portsmouth when the incident occurred on May 4, 2016.

He said he knew Benjamin as they were from the same community and Benjamin also worked as a maintenance officer at the Hotel.

Telemacque stated that he and the defendant were not friends because in February of 2016, they had a misunderstanding about another individual who worked at the hotel.

He said on the day in question, shortly after 8:00 a.m., he was in the vicinity of Rudolph Thomas in Portsmouth on his way to work when he saw Benjamin passing on a van and made certain signs to him with two pointing in the direction of the hotel.

Telemacque told the court that when the accused made the sign to him, he did not take it personally because at the time he and the accused did not have any problem. On arrival at the hotel, Telemacque stated he passed Richardson Viville also known as Papazo alone by the main gate working.

He continued towards the security gate and before he could get past it, he saw the gate being pushed open and Benjamin came out with a crowbar in his hand. Benjamin stepped up to him and said, “Yes Mr. Mickey, today, today I ready for you.”

The VC said he then crossed on the left side of the accused and said “let me call the police” loud enough so Benjamin could hear.

He said he went through the gate and Benjamin followed him inside; he then went to the Security Office while Benjamin went to the kitchen.

Telemacque added that after putting down his bag, he went back outside and placed a call to the Portsmouth Police Station. He said while he was speaking on the phone, the accused came out of the kitchen with the crowbar in his hand.

He said Benjamin went out through the security gate and his (Telemacque’s)  credit ran out while on the phone with the police.

Telemacque said he then took his breakfast and went to the front yard to wait for the police while eating. He said about 15 minutes later, Benjamin pushed open the gate, still armed with the crowbar and said to him, “That is the last warning I giving you, stop calling up my name.”

Having made his report to the police, Telemacque said he smiled and walked away. He said Benjamin then held the crowbar in both hands and swung to hit him, Telemacque, in the head. He said he used his hand as a shield to protect his face and received the first blow on his left forearm, another hit him on his shoulder and another, his back.

Telemacque said in trying to escape through the gate, Benjamin followed him and struck him twice again on his back which caused him to fall on the road.

According to the VC, Benjamin was about to strike again when he started calling for help and a few NEP workers who were cutting grass came to his assistance.

He said Benjamin started crying while stating, “You see what you make me do. You see what you make me do.”

At the same time, the Moroccan in charge of the project arrived on site with his vehicle and transported him with the assistance of the NEP workers to the Portsmouth Hospital while Benjamin and Papazo drove off.

Telemacque said whilst at the hospital, he was examined by a doctor and later a police officer arrived with Benjamin whom he identified.

Telemacque said he was then transported to the Princess Margaret Hospital (PHM)  where he underwent surgery and was admitted as a patient for 8 days.

The complainant told the court that following the surgery, he was paralyzed in his arm for five months and had to be bathed and fed by his mother.

Telemacque said that because a piece of iron was placed in his hand, he is unable to perform certain functions and still experiences pain occasionally.

On the second day of the trail, the State called police officer Ettiene Reid attached to the Immigration Department to testify that Dr. Reynier Marshall Hercheavrie had left the island on November 6, 2017, for Cuba and had not returned since.

As a result, his deposition at the Magistrate’s court during the preliminary inquiry stage was read to the court by a clerk of the Portsmouth Magistrate Court where it was taken.

According to the report, on May 4, 2016, whilst on duty at the Portsmouth Hospital, Dr. Hercheavrie examined Telemacque and noted deformity on the forearm which was leaning towards the left side of the extremity with a laceration. An x-ray result also showed that the patient had a complete fracture from the left radial bone.

Another of the State witnesses, Investigating Officer, Morrison Thomas said he was on duty the day in question when he received a report from Telemaque. He said he took a medical form and went to the Portsmouth Hospital. After conversing with Telemacque, he went to the Moroccan Hotel where he made certain observations.

Thomas told the court that on his arrival back at the hotel, he met Benjamin who said to him, “Officer he called me a bugger man and I f**king my son so I hit him with a crowbar.”

As a result, Benjamin was arrested on suspicion of GBH. He was then transported to the Portsmouth Hospital where he was identified by the VC and later to the Moroccan Hotel where a brown handled knife was discovered.

A subpoena was also ordered for the girlfriend of the VC, Nakisha Angol who rebutted the defense case of domestic abuse between her and Telemacque.

At the start of the defense case on December 9, the Judge posed three options to Benjamin— to give evidence on oath from the witness-box and be liable to cross-examination; to make an unsworn statement from the prisoner’s dock and thereby escape cross-examination, or, to remain silent— Benjamin  chose the first.

Under oath, he presented a case of self defense to the court.

He stated he owns a repair shop in Woodford Hill and a week prior to the incident, the VC and a few men were drinking in a rum shop near his home and urinating on his compound. He said he confronted the men including Telecmacque and asked them to stop but Telemacque got angry and threatened him with a cutlass. However, Telemacque denied that this interaction occurred, stating that he does not frequent the rum shop.

Benjamin said on the morning of May 4, 2016, he was on his way to work on board Papazo’s vehicle when he saw the VC walking to work. He said Telemacque flashed the middle finger at him and he had a conversation with the men aboard the vehicle and continued their journey.

Once at the hotel, he and Papazo were repairing a broken fence but needed a crowbar to complete their work so he went in search of one.

According to Benjamin, after having found one, on his way back to the area, he saw Telemacque who told him, “you punk motherf*cker,” and made certain remarks to him about having sexual relations with his son.

“I told him we are two big men and the things he saying, he must cut it off. My son was 11 years going to High School and the reputation he wanted to give my son is not right,” Benjamin stated.

He said Telemacque reminded him that a week prior, he had threatened him and he Benjamin ran and “today he ready for me.”

Benjamin said Telemacque lunged at him with a knife which Telemacque said he was using for his breakfast, so, in self defense he swung the crowbar and hit the VC only once on his forearm.

“I said Michael see what you make happen. I left and went to have a conversation with Papazo and headed to the Portsmouth Police Station,” he said to the court.

He said when he arrived at the station he informed an officer of what had transpired who then read him his rights and arrested him. He was later transported to Portsmouth Hospital and in the presence of Telemacque, he informed the officer of the knife which was used to attack him. A search of Telemacque’s bag was conducted but no weapon was discovered so they went on scene at the Moroccan Hotel where it was found.

During cross examination by the State, Benjamin dismissed claims that the incident was unprovoked and the defense called two character witnesses who described Benjamin as a calm, nonviolent individual whilst describing Telemacque as the troublemaker of the Woodford Hill community.

Papazo, in his testimony to the court, said that though he had not witnessed what had transpired, when Benjamin went for the crowbar he was calm but when he returned, [he was] traumatized and upset and asked him [Papazo] to transport him to Portsmouth station.

Moore Bruno of Woodford Hill also informed the court of the incident between Telemacque and Benjamin a week prior which Telemacque denied ever took place.

Bruno said he was getting some repairs done at Benjamin’s shop when Telemacque started arguing and threatening Benjamin with a cutlass based on an earlier warning.

“I will catch you. When I catch you and I finish with you, you will not have hand to put in your mouth,” was the threat which Bruno claims Telemacque made to Benjamin.

He too described Telemacque as a trouble maker and reported other incidents involving the VC in the community.

On verdict day, whilst addressing the jury, presiding Judge Justice Wynante Adrien-Roberts advised the jury that though two charges were brought against Benjamin, they could only return with a guilty verdict of one or not guilty of both.

Following the verdict, Defense Attorney Yearwood- Stewart made an application to the court for bail to remain in effect for Benjamin, which was granted.

Justice Adrien- Roberts ordered for a social inquiry report to be served to the State and Defense on or before January 15, 2020,  submission from both parties by January 25, 2021, and sentencing on January 29, 2021.