Marc Bean’s Trial Continues In Magistrates Court
Opposition Leader Marc Bean’s trial resumed in Magistrates Court this morning [Aug 11], with Mr Bean facing a charge of allegedly using offensive language to former OBA Senator Toni Daniels at the Polling Station in the November 2014 bye-election in Constituency 33.
Ms Daniels — who testified during the first day of the trial – took the stand again and was asked why she had not reported the alleged comments to police who were on scene at the polling station and waited until the next day to complain to police. Ms Daniels replied that she thought that they were too busy dealing with voters.
Ms Daniels also said she had discussed the matter with colleagues overnight.
MP Nandi Outerbridge was next on the witness stand. Ms Outerbridge said that on polling day, a man had come up to both OBA and PLP tents and had asked questions of both political parties. She also agreed that both tents were full of politicians.
Questioned about the comments alleged in the charge, Ms Outerbridge said that Mr Bean had shouted across to them. She said he did this several times. While on the stand, Ms Outerbridge said that police were not very busy at the time that she was there as there were not many voters.
Mr Richardson submitted a witness statement from Mr Bean. The statement was a police statement collected in November 2014. Magistrate Archie Warner accepted the statement and it became part of the record.
Prosecutor Cindy Clarke then said that the Crown had concluded its case.
Mr Bean’s lawyer Charles Richardson submitted that there was no case to answer. He told the Magistrate that the Crown had not proven that the exact words used in the charge were the words that had actually been used, and that this was borne out by testimony of the two witnesses.
Mr Richardson submitted that the context and circumstances were such that whatever words were used, were words that did not affect or threaten public order or public morality; which is what is required under the Summary Offences Act.
Instead, they were words used in the context and circumstances and physical environment of political parties who were in contention; by politicians who were opposing one another, Mr Richardson said.
At just past 1.00pm, the case — which saw some political figures attend in the public gallery — was adjourned until Wednesday morning.
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