Kulandra Ratneser had a baptism of fire in his Supreme Court debut in his new post of Acting Director of Public Prosecutions yesterday as a judge attacked the decision to accept an assault plea from a man originally accused of attempted murder.

Kofi Omah Dill, 23, of Eastgate Lane, Pembroke, denied a charge of grievous bodily harm with intent.

But he pleaded guilty to assault occasioning bodily harm (ABH) for his part in a gang attack on a Sandys Parish man which left him in a coma after bleeding in the brain.

The case had originally been committed to Supreme Court on a charge of attempted murder.

In a written statement read out in court, victim O'Shane Eugene Darrell, 25, said doctors had him "down for dead" after the attack in Joell's Alley, Pembroke on October 28, 2000.

He said he suffered dizzy spells, blackouts, impaired balance, blurred vision and hearing problems and could possibly get a tumour on the brain as a result of the attack.

"I could not drive or read or lift anything heavy," said Mr. Darrell.

He said he had no insurance to pay for medical help but had been told he might have to go overseas for treatment.

"The doctor said I could have permanent brain damage. I cannot even work or keep a steady job. This incident will stay with me for the rest of my life."

The court heard Mr. Darrell had been surrounded by a gang from 42nd Street as he walked back to his car parked near Place's Place after leaving the Spinning Wheel at around 3 a.m.

He ran off towards the People's Pharmacy and fell to the ground in Joell's Alley where the men kicked him and attacked him with sticks.

Crown Counsel Shade Subair, who was assisting the Director of Public Prosecutions (DPP), told Assistant Justice Archibald Warner that Mr. Darrell was left in a pool of blood in Joell's Alley.

Dill was arrested later that day and denied talking part in the assault

But several days later Dill admitted to Police had had taken part in the attack. DNA tests revealed it was Darrell's blood on his jeans.

Ms Subair said Dill said had kicked Mr. Darrell at least ten times.

Dill told Police: "He was lying on his elbow, trying to get up. I was kicking him in the chest, beating him up."

She said Mr. Darrell's skull had been fractured and he had a blot clot in his brain.

Mr. Justice Warner told the court he was astonished by the Crown's decision to accept an ABH charge in light of Mr. Darrell's injuries, Dill's confession to the Police and the upsurge in gang violence.

"A charge of ABH does not do justice to the people of Bermuda whom the Crown represent," said Mr. Warner. "I will not allow this court to be embarrassed."

Mr. Ratneser, who took office ten days ago, said he had reviewed the file and found the footwear that Dill had been wearing had never been analysed by Police.

He said there was no evidence that Dill, who was with several others, was directly responsible for causing the head injuries.

Mr. Justice Warner said: "Aren't those matters for the jury?"

Mr. Ratneser said it was his prerogative as DPP to decide which charges to accept and he said he didn't want to expose jurors to a long trial which could fail because there wasn't the evidence to support it.

He said in order for the higher charge to stick it would have to be proved that Dill was responsible for the brain injuries.

He said: "We don't know. All we know is that he kicked this man."

Mr. Warner said that in Bermuda investigations of serious offences were based largely on confessions.

He said: "If confessions are not going to be relied on prima facie as evidence there certainly won't be much evidence around."

Mr. Warner said Dill's confession had been detailed and explicit. He said Dill had been asked by Police how many times he kicked Mr. Darrell and had answered: "Ten times." Dill had described to Police the noises of pain the victim made during the attack.

But Mr. Ratneser said the doctor had been unable to say whether the injuries had been caused by kicks or stick blows.

Mr. Warner said he reluctantly accepted the lesser plea. The court heard that Dill had attacked Mr. Darrell because he had stabbed two of his friends.

This was partly backed up by the written statement from the victim who said he sliced someone from 42nd Street gang because they had burned and destroyed his Subaru car at a football game at BAA.

Dill, who has an earlier conviction for assault on a woman and had been jailed for 18 months for handling cocaine with intent to supply, apologised to the court for his actions.

His lawyer, Mark Pettingill, said the father of two young children was trying to get his life together and was working as an apprentice at Tucker's Electric.

Mr. Justice Warner said he took into account Dill's guilty plea but he said it had been a vicious attack planned by a group of armed men in retaliation for an earlier attack, adding: "A situation which is becoming disgustingly prevalent in Bermuda."

Mr. Warner jailed Dill for the maximum two years to serve as a deterrent after noting the serious problems of random violence committed by armed men, adding: "The mayhem caused by this behaviour must be stamped out."