Kwame Mc Coy leaving court when he first made his court appearance in the matter.

Information Liaison to the President, Kwame Mc Coy was Tuesday found guilty threatening language and assault and as a result ordered to pay the sum of $70,000 or face a total of four weeks imprisonment.

The charges against Mc Coy are those of threatening language and assault towards Clifton Stewart on October 25,2011. The two were engaged in an altercation on D‘Urban Street, Lodge, over Mc Coy’s removal of election campaign posters belonging to A Partnership for National Unity (APNU). The verbal exchange worsened and Stewart claimed that he was assaulted.

After the court waited for approximately half an hour for the defendant's attorney Bernard Dos Santos, who eventually failed to show up, acting Chief Magistrate Priya Sewnarine-Beharry proceeded with the matter in his absence.

Before stating the court's decision, the magistrate spoke of the prosecution, the case and the incident as it reportedly occurred on the day in question.

Among the things taken into consideration by the court in its ruling, Sewnarine-Beharry mentioned the weight attached to defendant's unsworn statement; the burden of proof on the shoulders of the prosecution, whether the defendant was properly identified, whether the Virtual Complainant (VC) Stewart's evidence was credible, and whether the court was satisfied beyond reasonable doubt that Mc Coy committed the offence.

These examined, the magistrate declared that the Prosecution has proven its case beyond reasonable doubt and found the defendant guilty of both offenses.

When asked whether he would like to await the arrival of his lawyer before being sentenced, Mc Coy declined and asked the magistrate to proceed.

According to Sewnarine-Beharry, the mitigating circumstances surrounding the decision were no prior conviction on the defendant's part, mild injuries received by the Stewart, and the possibility that the defendant may have acted on impulse after exchange of words with the Stewart, while the aggravating circumstances were the type of weapons used and the age of the defendant.

For the use of threatening language, Mc Coy was ordered to pay the fine of $20,000 or face two weeks imprisonment, and for the assault, causing actual bodily harm, he was ordered to pay $50,000 or spend two weeks in prison.

Before meting out the penalty for the assault causing actual bodily harrm, the magistrate stated that the legislation provides for a sentence of six months imprisonment but the court took into consideration that this is his first offense and decided to impose a fine.

After hearing that he was found guilty of the offences, Mc Coy implored the magistrate by sighting his belief that "this is a dangerous precedent..."and reiterating that he has never laid eyes on the Stewart before his court appearance.

In response to this Sewnarine-Beharry told Mc  Coy that she has already made her decision and that he can test and contest it on a higher form.

The matter was called at the Georgetown Magistrates Court One.