Garry Smith has been convicted after he was accused of assaulting and stealing from a ‘sex worker’ because he did not get his money’s worth of pleasure.
Senior Magistrate Tamia Richards found the 43-year-old guilty of theft and assault occasioning actual bodily harm.
In explaining one of the reasons for the guilty verdict, the senior magistrate used the analogy of purchasing something from a store.
“If I went into RiteWay and buy an apple but the apple is not sweet enough, that doesn’t mean I have the right to [take back my money],” said Senior Magistrate Richards.
She noted that the complainant in the case was a ‘sex worker’ and not a ‘bartender’ as she (the complainant) had claimed.
Smith, who will be sentenced on Friday (May 12), is still claiming that he is innocent.
“I did not do nothing. I just went there and things happen; so I just try to protect myself,” he told the court.
Reports are that, on May 16 last year, Smith visited the complainant’s workplace at Five Star Entertainment on Pickering Street and paid her $100 for a ‘private dance’.
The two retreated to a private room at the club to do the deed.
After about 20 minutes – which the court heard is the usual time allocated for private dances, another employee at the establishment knocked the room door to indicate that the occupants’ time had expired.
Smith reportedly was not satisfied with the length of time, and so he requested additional time or his money back.
The exotic dancer denied the request.
She told Smith that he would have to pay additional money for more time.
The court also heard that the two had a quarrel, which escalated into a fight.
It is alleged that Smith later retrieved $300 from the dancer’s purse, and then fled the club.
The dancer, who has left the British Virgin Islands since the incident, suffered multiple abrasions to her right arm and shoulder. She was also left with a lesion on the forehead.
Smith was later charged.