Officer claims Senator cussed, cuffed him in the face

The police officer that Senator Daniel Cummings is accused of assaulting on April 27th, says that Cummings referred to him as a “stupid, black a… h…” shortly before he (Cummings) punched him in his face, an attack, the policeman is contending was unprovoked.{{more}}

This, as the assault trial got going last Wednesday at the Serious Offences Court before Chief Magistrate Simone Churaman.

The Prosecution, whose case is being presented by Crown Counsel in the Attorney General’s Chambers Saboto Caesar, called two witnesses before the case was adjourned to August 14.

PC Alasius Stapleton, who is attached to the Special Services Unit told the court that he was on duty at the Kingstown wharf on April 27, where the New Democratic Party (NDP) was staging a protest.

At around 4:20 p.m. he said he was at the gate which leads to the main ferry wharf along with Superintendent Cornelius Charles, the Chief of the Port Police. They were preventing persons from entering.

Stapleton charged that Senator Cummings began shaking the gate, insisting that it be opened to let the protesters through. Senator Cummings then, Stapleton claims, came to the gate, tried to reach for the latch to open the gate and was stopped. He said that Cummings then reached through the gate and punched him. The police officer said that he tried to grab at Cummings but failed and then made attempts to go after him but was stopped by Superintendent Charles.

Under cross examination, defence attorney Emery Robertson continually put it to Stapleton that he was in fact insulted by Cummings, got upset and punched the senator.

Stapleton said that he did not cuff, chuck or cuss Cummings during the incident. He also said that he did not see any brutality by the police on that day, but he however admitted to the court that he saw Northern Grenadines representative Dr Godwin Friday kneeling, apparently in a posture of surrender.

Robertson put it to Stapleton that he threatened to kill Cummings and had drawn his weapon as he threatened to shoot him.

When asked why Cummings wasn’t arrested amidst claims that he assaulted a police officer and used obscene language, Stapleton said that the police did not want the situation to escalate.

“You are fully aware that you first cuff Mr. Cummings, he hit you back as he was entitled too,” charged Robertson.

Stapleton said no.

Superintendent Charles, when he gave evidence, said that he witnessed the alleged assault by Cummings on Stapleton but did not see the police officer hit the Senator.

Charles said that he was holding the gate back along with Stapleton when the incident occurred.

He said that Senator St Clair Leacock and Dr Friday, who were on the inside of the gate, along with Cummings who was outside, were all pleading with him to let the people through the gate to catch their boat to Bequia. He said that he explained to them the procedure, including the $1 user fee.

He also said that after the alleged assault, Senator Leacock shouted out to Cummings saying, “Daniel you wrong.”

“It would have been a bloody war up there,” said Charles when asked by the defence why Cummings wasn’t arrested right away.

He said that Stapleton got upset after the alleged assault and wanted to go after Cummings and it was he who told him that he wasn’t going out after him.

Things got touchy when Robertson started to question Charles along the line of the legality of the $1 user fee regulation.

Robertson drilled Charles on the regulations, who continually stressed that he didn’t make laws and felt that he acted lawfully. Robertson then petitioned the court for an adjournment to continue the cross examination of Charles based on certain regulations.

The court denied this request.

In the matter of the counter claim by Cummings, it has been taken over by the DPP’s office and was adjourned to September 10, at which time PC Stapleton would enter a plea. (KJ)