“Two wrongs don’t make a right” – Magistrate grants bail to vendor in vlogger assault case

A 29-year-old Georgetown vendor was on Friday placed on $20,000 bail after appearing before Chief Acting Magistrate Faith McGusty at the Georgetown Magistrates’ Courts in connection with the assault of an international travel vlogger near the La Penitence Market entrance earlier this month.
The accused, Kwesi McKay, of Lot 7 Fourth Street, Kingston, Georgetown, who works as a vendor at the corner of Water and Cowan Streets, was charged with two offences arising from the January 5 incident at Saffon Street, La Penitence.

McKay pleaded not guilty to a charge of using assaultive language towards Anthony D’Oliveira, conduct Police said was likely to cause a breach of the peace, contrary to the Summary Jurisdiction (Offences) Act. He also pleaded not guilty to a separate charge of unlawfully assaulting D’Oliveira at the same place and time.
In court, the prosecution objected to bail, raising concerns about the preservation of public safety and the circumstances surrounding the attack. The prosecutor told the court that D’Oliveira is a visitor to Guyana and a YouTuber and international travel vlogger who was filming near the entrance of the La Penitence Market when he was “unprovokedly” slapped on the back of his head.
It was further alleged that after the physical assault, McKay verbally abused the vlogger, including making highly offensive remarks about D’Oliveira’s mother. The prosecution said the State intends to rely on video footage of the incident, which has since circulated widely on social media, as well as an interview to support its case.
McKay, eager to respond to the prosecutor’s position, put his hand up in court and said, “Madam, can I speak?” When granted, he gave his account of the incident, telling the Magistrate that he was at the La Penitence Market and had just emptied a bin when D’Oliveira approached the area with a camera and began recording him.
According to McKay, he objected to being filmed and told the vlogger on more than one occasion that he did not consent to being recorded or having a camera placed in his face. He said that despite his objections, D’Oliveira continued pointing the camera at him as he walked into the market.

McKay explained that he [McKay] then walked towards the market entrance, where he was in the company of another man who later appeared in the viral video. He claimed that the recording continued, and it was during that interaction that the portion of the exchange later shared on social media was captured. He maintained that while he did not want to assault the vlogger, he reacted after feeling provoked by the repeated filming, despite his clear objections.
In her ruling, Magistrate McGusty said that while no individual has the right to assault another person, people should also exercise caution and respect when recording others without their consent.
She noted that in some cultures, being recorded without permission is considered deeply offensive and remarked that cameras are sometimes viewed as instruments capable of “stealing one’s soul”.
However, the Magistrate emphasised that “two wrongs do not make a right” and made it clear that the vendor’s actions could not be justified by the circumstances. She further stated that the fact that D’Oliveira is a visitor to Guyana does not afford him any special status but equally does not excuse acts of physical violence against him.
“If someone tells you not to record them, you should not continue pointing the camera in their face,” Magistrate McGusty said, while reiterating that she did not condone the assault.
After considering the submissions from both sides, the Magistrate granted McKay bail in the sum of $10,000 on each charge, totalling $20,000. He was also placed on a bond to keep the peace. In granting bail, Magistrate McGusty noted that the two men do not live near each other and are ordinarily based in different countries, and therefore, there was little risk of further interaction between them.
She cautioned McKay against allowing himself to be provoked in the future, stating that had he exercised restraint, the matter could have been avoided altogether. The matter was adjourned to January 20 for further proceedings.
The charges come days after Police had issued a wanted bulletin for McKay in relation to the incident.