By Latrishka Thomas
“The evidence produced in this case does not support the charges of wounding with intent to cause grievous bodily harm, nor does it support a charge of unlawful wounding.”
That was the claim put forward yesterday by attorney Lawrence Daniels representing a youth who allegedly severely wounded another in a fight five years ago.
On September 15 2017, the complainant, Devonte James, was reportedly heading home from school when he was approached by the defendant – who was 15 at the time – and struck in the head to the point where he suffered a depressed skull bone fracture and had to be hospitalised for about two weeks.
James was 14 years old at the time.
During the trial which began on Thursday, the alleged victim told the court his version of events.
He claimed that he was walking from school on the day in question when the defendant accosted him and a fight ensued.
James said he grabbed a stick but did not hit the accused with it.
He said they were stopped by a passerby and told to go home but while walking away he was struck in his head with a stone and fell to the floor.
While on the floor, he claimed that Westford threw a stone at him again and that’s when he looked up and saw him.
But two witnesses told the court that James was the one who attacked the defendant with weapons, forcing him to grab a piece of tar and throw it at him.
Daniels, in his no case submission, said that the evidence of those two witnesses “not only unravelled the Crown’s case but shattered and destroyed the Crown’s position”. He claimed it indicated that the prosecution’s case and the victim’s evidence were “severely discredited and inconsistent”.
The attorney made his application right after the final witness, Dr Serena St Luce, took the stand.
The expert told the court the complainant’s “skull was not only cracked or broken but it had been pushed, meaning it was impinging on the brain”.
“It takes a lot of force to break someone’s skull,” she added.
She however stated in cross examination that a similar injury could be obtained if someone falls and hits their head.
The prosecution is expected to respond to the defence’s submission next week.