Murder victim George Kelly could have been fatally stabbed in the Silver Spoon restaurant car park rather than, as the prosecution claims, at a nearby taxi rank, forensic pathologist John Obafunwa accepted yesterday.

The Crown alleges that homeless Mr. Kelly died after he was stabbed once in the chest by Gernell Darrell during an argument at the taxi rank in Church Street, Hamilton, on May 31 last year.

Mr. Kelly, 42, ran off after the incident and his body was found the following morning in the car park of the Silver Spoon restaurant in Victoria Street.

Dr. Obafunwa told Director of Public Prosecutions Khamisi Tokunbo that Mr. Kelly was stabbed once in the heart with a knife with a blade no longer than 10.5 centimetres and that he died as a result of bleeding in the chest cavity.

Minutes earlier, the Crown claims, Mr. Kelly stabbed 23-year-old Darrell in the chest with a screwdriver after the defendant slapped him near the bus station, accusing him of being abusive to his (Mr. Kelly's) girlfriend.

Taxi driver Rudolph Bean testified last week that although he did not see Darrell with a weapon, he appeared to have something in his hand and swung round and struck Mr. Kelly on the side of the neck.

The other witness to the attack, Shawne Bascome, said he saw Darrell thrust forward with a small knife and “jook” Mr. Kelly in the chest.

Dr. Obafunwa testified yesterday that the fatal wound was delivered to the heart in a movement where the attacker swung from below and upwards, and that Mr. Kelly died some time between 8 p.m. and 10 p.m. on May 31.

Mr. Kelly's body was found the next morning in the car park next to a partially eaten Kentucky Fried Chicken meal and some empty miniatures of rum. He had partially digested potato in his stomach. He had also consumed enough alcohol to put him nearly three times over the legal drink-drive limit.

Dr. Obafunwa testified that Mr. Kelly would have died “within minutes” of receiving the wound.

Darrell's lawyer Mark Pettingill asked Dr. Obafunwa: “Would you expect an individual, after receiving that stab wound to the heart, to sit down to commence to eat a chicken dinner? “ He replied: “No.”

“Would you expect that individual, after a stab wound to the heart, to pop open bottles of miniature liquor and drink them?”

“If I had sustained an injury “If I had sustained an injury to the heart, I would not sit down to drink,” Dr. Obafunwa said.

“I would suggest that with that injury the person is going to be in serious discomfort,” Mr. Pettingill said.

The doctor replied: “The average person would be in some discomfort.”

Mr. Pettingill said: “It is perfectly feasible that Mr. Kelly was stabbed in that (the car park) location? “ Dr. Obafunwa replied: “That's a possibility.”

Dr. Obafunwa agreed that the fatal wound would not have been sustained from a blow to the neck or a thrust to the top of the chest. And he agreed that the victim could have been stabbed while he was lying on the ground.

The jury heard that Dr. Obafunwa examined Darrell, Cannoth Roberts and Wayne Christopher in connection with Mr. Kelly's death.

While Darrell was co-operative, Mr. Roberts was not at first, and “he kept talking about his innocence”, said Dr.. Obafunwa.

Mr. Christopher, who was a suspect in the investigation, had a superficial wound to his buttock plus a scab that could have been sustained around the time of Mr. Kelly's death, Dr. Obafunwa agreed.

He said Mr. Kelly's body looked to be in a “comfortable” position in the car park - not as though he had just jumped over the wall and landed there. But it would not be unusual to lie down in that position if he had just been stabbed, said Dr.. Obafunwa.

Darrell, of Swansbay Hill, Pembroke, denies murder. The trial before Assistant Justice Charles-Etta Simmons continues today.