Cummiskey case now in hands of judge

Jim Day jday@theguardian.pe.ca
Published on March 2, 2016

Cummiskey facing more charges

Man charged with aggravated assault will learn fate March 30

The Crown says a man charged with aggravated assault in connection with a vicious attack in Charlottetown last year cannot be believed.

Crown attorney Lisa Goulden told the court Wednesday that Jeremy Joseph Cummiskey, 22, told "lie after lie after lie after lie'' to police after his arrest.

Goulden says Cummiskey first denied even being in Trevor Acorn's room on Nov. 24, 2015 when Acorn was badly beaten following a dispute over drugs.

Acorn spent several weeks in hospital and was transferred to Halifax for treatment of injuries that included skull fractures. He lost an eye and had nine plates put in his face and skull following the attack at his rooming house on Euston Street.

The fact that Cummiskey and Michael Robert Bryenton went to Acorn's room to make a drug transaction is not in dispute.

However, witnesses presented differing versions of the attack during the trial this week before judge alone.

Cummiskey is charged with aggravated assault in connection with the attack.

Goulden told the court in her summation Cummiskey, who testified he never laid a hand on Acorn, could not be believed.

"When it comes to credibility, Mr. Cummiskey's credibility was questionable right from the beginning,'' she said.

Goulden says Cummiskey's claim that he was shocked and traumatized by witnessing Bryenton beat Acorn and that Bryenton threatened Cummiskey to keep quiet or he would hurt his family did not ring true.

She says video capturing the pair leaving Acorn's home after the attack, when Cummiskey suggests the threat was made, shows Cummiskey calmly following behind Bryenton.

Cummiskey's lawyer, Chris Montigny, says Cummiskey in fact is far more believable than Bryenton and Acorn, both of whom took the stand.

He called Bryenton's testimony "extremely self-serving.''

Bryenton says he only pushed Acorn, and he saw Cummiskey strike Acorn across the side of the head with a board.

Cummiskey testified that he saw Bryenton hit Acorn four to six times with closed fists.

Chief Provincial Court Judge Nancy Orr will render her decision March 30.