Garwin Davis, Gleaner Writer

Giscombe

Embattled St. Ann's Bay Mayor Delroy Giscombe will have to reappear in court next week to learn whether his attorney's arguments for a no-case submission will be entertained, Resident Magistrate Carol Edwards ruled yesterday.

Mr. Giscombe was in court yesterday in Brown's Town, St. Ann, on charges of illegal use of firearm, assault occasioning bodily harm, and assault at common law. The new court date is set for next Friday in St. Ann's Bay.

Mr. Giscombe, whose attorney Ernest Smith had argued forcefully for the charges to be dismissed, has temporarily removed himself from the position of mayor as he battles to save his political career. Deputy Mayor Sydney Stewart has since assumed duties.

Mr. Smith, who is also the Jamaica Labour Party (JLP) Member of Parliament for South West St. Ann, told the court that the plaintiff Donald Hurd was an habitual wife-beater and had been estranged from his wife Joan Jack Hurd when the incident, involving Mr. Giscombe occurred.

Separated from his wife

The attorney argued that Mrs. Hurd, the manager for the St. Ann's Bay Market, had invited Mr. Giscombe to her rented house in Bamboo, St. Ann, on the night of December 3 last year to discuss parish council matters. Mr. Hurd he said was not living at the house and had been separated from his wife for over seven months.

According to Mr. Smith, the allegation that Mr. Giscombe had beaten Mr. Hurd with his gun was erroneous, arguing that the Mayor only pulled the weapon to deter the advancing Mr. Hurd from inflicting physical harm to both him (Mr. Giscombe) and Mrs. Hurd. "It is a waste of judicial time," Mr. Smith argued. "Mr. Hurd, after knocking and getting no response, forced his way into the house and that was how it started," Mr. Smith said. He argued that, at that time of the night (1:00 a.m.), Mr. Giscombe could have shot the advancing Mr. Hurd on the grounds of self defence, "considering that he was unbeknownst to the Mayor."

Destroying furniture

Mr. Smith said Mr. Giscombe had even gone as far as to leave the premises to get assistance from the Bamboo police. Mr. Hurd, he said, had set about destroying furniture and other items. The Resident Magistrate, before adjourning, questioned why Mr. Hurd wasn't charged with destruction of property if the allegations against him were credible and said she needed to have access to medical records and other facts pertaining to the case before a decision could be taken as to the way forward.

Mr. Hurd's attorney Oswest Senior Smith, who had a case yesterday in the St. Ann's Bay Court, was not available to accompany his client. He is expected to be at next Friday's sitting.