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August 12, 2015

Bermuda court throws out case against Opposition Leader

HAMILTON, Bermuda (CMC) — Opposition Leader Marc Bean walked free from Magistrates’ Court yesterday after he was acquitted of using abusive language to a former government senator outside a polling station last year.

Magistrate Archibald Warner ruled that Bean had no case to answer.

Bean had denied charges of using offensive or insulting language towards Toni Daniels, a former One Bermuda Alliance (OBA) senator.

Daniels had alleged that Bean had called her a “political whore” in the November 6 incident outside a Sandys parish polling station, but defence lawyer Charles Richardson argued that, in context, the words did not amount to offensive or insulting words under the law.

Following submissions by both Richardson and prosecutor Cindy Clarke, Warner ruled that Bean, who has led the Progressive Labour Party (PLP) since the last general election won by the OBA won, had no case to answer and dismissed the matter.

Clarke argued that the comments were personal attacks with sexual undertones rather than political attacks and that the evidence had fitted the requirements of the law.

Richardson later told reporters that the information should never have come before the courts, describing the charges as politically motivated and a waste of taxpayer funds.

“I think the charges should have never, ever been brought because of the simple fact that, even as the Opposition Leader, Mr Bean has the right to express his views to everyone, especially a rival politician who personally attacks the politicians in his party,” Richardson said.

“That’s all it was. It was spirited political exchange. This prosecution was in my mind was clearly brought out of political motives. Somebody wanted to damage Marc Bean and the PLP but it didn’t work. We knew from the outset that it would be thrown out.”

During the trial, which began last Friday, Daniels told the court that Bean had repeatedly shouted that she was a ” … political whore” outside the Somers Lodge.

She further claimed that he had said he would pay “10 cents a lick” and pass her around to others.

Meanwhile, OBA legislator Nandi Outerbridge, who was also present at the polling station, testified that she heard Bean refer to her and Daniels as “those political whores”, but said she did not recall him using profanity or repeating the comment.

Both Outerbridge and Daniels said they were offended by his words, with Daniels saying that she responded by calling Bean “disgusting and inappropriate”.

While Bean did not take the stand, his police statement was presented to the court as evidence. In the statement, he said that he told the women that they were behaving in a manner “akin to political whoredom”.

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