Judge Charles-Clarke
Judge Charles-Clarke

Malory Jean Dover, a 26-year old man of Pointe Michel will return to the Roseau High Court before trial judge Justice Victoria Charles-Clarke on Friday April 12, 2019 for sentencing. A jury found him guilty of unlawfully and maliciously causing grievous bodily harm (GBH) to Fabian Constance, of the same community, with intent to do grievous bodily harm to Constance, at the end of a five-day trial on Friday March 22, 2019.

Director of Public Prosecutions Evelina Baptiste called nine witnesses including five police officers to present the state's case.

The virtual complainant Fabian Constance and eye-witnesses Shanalson Charles and Alfred Frank also known as "Quicksilver" agreed that they were on Chimen Neuff, Pointe Michel in the early evening of Wednesday September 2, 2015. They all know the accused Dover from his childhood.

According to evidence presented in the trial, Quicksilver was sitting on a bench by a bar/shop after four in the afternoon in the company of the accused. Charles was nearby at his home behind some bushes about 50 feet away from the incident when Constance came along and went to Dover, who was tending his father's shop, and asked for tobacco. Unsuccessful, the virtual complainant next approached Frank.

Constance went back to Dover who told him to move from there, said Charles. Constance did not leave. Dover went to his father's bar after a few seconds and came out with a cutlass. He struck Constance on the head with the flat of the cutlass. Dover swung again and Constance put up his hand so that he got cut inside the left arm near the elbow. Constance ran away and Dover ran after him and struck him again behind the head. Dover also threw a stone which struck Constance in the back as he ran.

Charles went to look for Constance and found him bleeding a lot from the back of the head and his arm.

"I took him to the hospital, the Princess Margaret Hospital. I called the police… and make a report," said Charles who was cross examined by defence counsel Dawn Yearwood.

Alfred Frank said the building was Dover's grandmothers. He was sitting on the bench with Dover when Constance came by staggering.

"He approached us and asked for a drink. I did not answer," he said.

Frank said Constance left and returned five minutes later and went to Dover and asked for a drink. Dover told Constance to come out of his face.

"Malory pushed him. He gave Malory two slaps. Malory pushed him and went for a cutlass and hit him on his head with the flat side of the cutlass. Malory hit him again and Fabian put up his hand… Fabian run and Malory running behind him. Malory came back and put the cutlass back behind the fence/bench."

Police Constable Marlon Marcial in plain clothes was walking along Chimen Neuff about 6:45pm that Wednesday, September 2 when he came upon Dover walking towards him. Dover looked angry, the policeman said. "He had a cutlass in his hand. I called on the accused by name and he stopped. I asked him what he was doing with the cutlass. He did not answer. I asked him to hand over the cutlass and he refused. He brushed me aside and began to walk away. I immediately grabbed the hand with the cutlass and the accused shirt. I took the cutlass from the accused. I took the accused back to the police station."

From the witness stand Dover said: "Fabian hit me first that is why I defended myself on my own property. He walked up in my face and hit me a lash. I jerk back. The cutlass was there… I take it and hit him on his head. He rushed back at me I hit him again. I defend myself on my property. He was wrong".