Court appeal clears former honorary police officer of assault

Wednesday 14 March 2018

Jersey’s Royal Court has quashed the conviction of a 52-year-old former honorary police officer who was originally found guilty of assaulting a builder with a tile.

Lucille Anastasia Monks had maintained her innocence throughout the case, but was initially found guilty and sentenced to 12 months’ probation, and 120 hours of community service in September.

The case centred on an incident between Mrs Monks and Gary Nicholson which occurred in September 2016. Mr Nicholson said Mrs Monks punched him several times, before hitting him across the neck with a tile and throwing a stone at him.

Speaking during the appeal in the Royal Court, Advocate Jane Martin said that Mr Nicholson had been “encouraged by another person to make a fabricated complaint.”

She argued that on the other hand, Mrs Monks had always been entirely consistent on what had happened.

She said that while Mr Nicholson described “a continuous act involving two weapons,” he had “absolutely no visible injuries whatsoever.” She said that Mr Nicholson’s account that he was assaulted with a stone was “made up” and was just “one part of the puzzle of one charge of grave and criminal assault.” She told the Court, “…he says he was assaulted by a 5kg stone as he walked past down the slope towards two witnesses…There are numerous witnesses, no one sees the stone. He has no injuries consistent with a 5kg stone being thrown at him.”

Advocate Martin told the Court that, “the basis of the grave and criminal assault was basically on Mr Nicholson’s evidence,” which she said was uncorroborated. She added that the evidence of another witness was unreliable as well saying they were confused at the trial and were contradicted by other witnesses.

She concluded saying that the prosecution’s evidence in the case was “entirely unreliable given the absence of injury.”

 Speaking for the prosecution, Crown Advocate Chris Baglin said that Mr Nicholson complained of a “sore or stiff neck,” after the incident.

The Bailiff, Sir William Bailhache, who was sitting with Jurats Jane Ronge and Paul Nicolle, eventually decided that Mrs Monks’ appeal had succeeded and set aside the conviction. They will give their reasons at a later time.

Speaking after the outcome of the appeal was announced, Advocate Martin said: “Mrs Monks is relieved and delighted to see justice done in her case, at long last, by the Royal Court. She has bravely faced an uphill battle, proving her innocence, that has taken about 18 months and an enormous toll on her and her family.  

“We at Lacey Advocates have never doubted Mrs Monks’ innocence.  From the outset, she never wavered in her very clear recollection of the events of 14 September 2016. On the other hand, the Prosecution evidence of various witnesses was always totally at odds with itself, and never made any real sense.”