George Wehner to Appeal Battery Conviction  

One of the attorneys who represented opposition politician George Wehner says he intends to appeal a recent conviction of battery.

On Tuesday, May 22^nd 2018, Wehner was found guilty of battery on Police Corporal Marvin Cuffy, almost two years after the incident occurred.

On September 9, 2016 Corporal Cuffy claimed that Wehner had physically tried to remove him from a meeting of The Movement at the Sea Breeze Reception Hall in Pares Village.

The officer, who was dressed as a civilian, had reportedly refused to comply with an order to turn off his cell phone during the time that an important announcement was to be made.

Wehner and Lewis were subsequently charged in December of that year for battery on an officer.

However, after hearing both parties, Magistrate Ngaio Emanuel ruled that by pulling the corporal to his feet, Wehner committed the act of battery, as speculated by the laws of Antigua and Barbuda.

While Wehner was not imprisoned or required to pay a fine, the Magistrate reprimanded and then discharged the retired army captain.

However, the day after the Magistrate ruled in favour of the claimant, attorney Chaku Symister said they will file an appeal, arguing that the judgement was wrong and maintained that no force was used.

According to the attorney,  if a person is considered to be a trespasser, “The owner or occupier of the property has the right to use reasonable force to remove that person.”

Symister also argued about the extent of the force which was used, noting that “Mr. Wehner held onto Mr. Cuffy’s hand and Mr. Cuffy came up to his feet.”

“The statute under which George Wehner was charged and convicted does not define what a battery is, neither does it directly that we use the common law definition of battery,” the attorney explained.

Meanwhile, Attorney Charlesworth Tabor, who also represented Wehner on Tuesday, said he is confident that the court ruling will be overturned, adding “we find the judge’s decision to be a perverse one and we are going to appeal.”

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