BVI : The Crown has dropped the charges and released Mya Riether, the American tourist who allegedly provoked a business man and got her nose broken as a result.
In the Magistrate’s Court on May 22, Riether was very emotional when she was denied bail and queried how she may contact the US consulate or embassy.
Riether was arraigned jointly with Al Henley, the businessman she had the altercation with. She was charged with common assault and disorderly conduct and pleaded not guilty to both charges. Henley also pleaded not guilty to his charge of assault occasioning actual bodily harm.
The court heard that on Sunday, May 20, Riether left her hotel room and purchased a drink at Bobby’s supermarket sometime after 11 am. On the walk back she stopped at the Roadside Café and asked the bartender for some ice and a cup which was given to her. She allegedly enquired about the cleanliness of the ice because of the condition of the ice container cover.
The defendant, Henley, is said to have heard her enquiring and instructed the bartender to replace the ice in the container. An argument ensued at the bar as other persons began to voice their opinion, and Henley asked Riether to leave, but she refused.
An argument began between Henley and Riether, and the tourist allegedly took her drink, which was in a brown paper bag, and threw it at Henley, striking him in his chest.
Henley allegedly got up from his seat and struck her in the face with his fist, which caused her to fall backward. When she got up, he again struck her with a fist in her face and she fell into some plants. She sustained injuries to her nose, which was allegedly bleeding when she was helped to her feet by others and went to the Cane Garden Bay police station and made a report.
As a result officers conducted investigations and a medical form was filled out by Riether. A visit was made to the bar where the tourist pointed out Henley as the person who struck her. After caution, 47-year-old Henley said: “I was sitting here and this lady came and assaulted me so I pushed her and she fell.”
He was taken into police custody and arrested for assault occasioning actual bodily harm.”
Riether was treated at the Peebles Hospital for a broken nose, swelling to her forehead, multiple scratches to her left shoulder, neck and left leg. She was treated, prescribed medication and discharged.
On Sunday, May 20, in his interview, Henley repeated that he pushed the tourist after she struck him with a drink in his chest, and saw that she fell and when she got up she was bleeding from her nose.
In her caution statement, Riether allegedly said she threw her drink at Henley and he punched her in the face. She said she fell to the ground and he kept punching her, then she got up and he punched her again. The tourist added that some guys allegedly pulled Henley off and restrained him because he allegedly wanted to go at her again.
Crown Counsel Herbert Potter told the court that Riether was only to be in the territory for three days and is delayed because of the incident. The court also heard that the 32-year-old defendant wishes to leave the territory.
After tearfully begging the magistrate to have the matter end, Riether announced: “They told me I would only have to pay a fine…. I would plead guilty if I have to… I am guilty of throwing an empty bottle at Mr. Henley after he insulted me, that doesn’t bother me, but it was not a full bottle like the police are saying… I was hurt by that guy and he got to go, but I have to go to prison… I spent a night in jail. I assumed that would go towards my sentence.”
However, Magistrate Tamia Richards explained to Riether that it would be inappropriate to allow her to change her plea after she said “if I have to plead guilty I will.” The magistrate also explained that she was unable to grant bail because the defendant is a visitor to the territory and is therefore deemed a flight risk. She however assured the defendant who complained about the bench she had to be on in jail that she would be a little more comfortable at the Womens Centre.
Magistrate Richard had previously agreed for the matter to be given a short adjournment date to facilitate discussion at the DPP’s Chambers on how the matter was to be dealt with.
Henley was granted bail in the sum of $45,000 signed with one surety. He is to return on June 1.
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