Witnesses yesterday gave conflicting accounts of an assault on a dog warden.

Magistrates' Court also heard the version of the defendant, Everett Jahni Bean.

Bean, 21, of Jones Lane, Warwick pleaded guilty to assaulting Fabian Minors on December 9, 2003, but the defence took issue with the Crown's summary of the incident and this resulted in yesterday's Newton hearing.

Crown counsel Wayne Caines explained the purpose of a Newton hearing.

"We need to determine whether Bean struck Mr. Minors on the neck with the sword and whether he willingly surrendered it to Police."

The court heard from Bean's testimony that he received the sword from a friend who had told him that the dog wardens had just taken his pit bull puppy.

Mr. Caines asked Bean: "Why did you take the sword?"

Bean said: "To cut the wire, lock, or rope that was restraining my dog. There was nothing else in the yard to take."

Bean explained to the court how he did not swipe his sword at Mr. Minors but only "gripped" his shirt to move him out of the way so he could get to his puppy. Mr. Caines said to Bean: "I put it to you that you struck Mr. Minors on the neck broad side with the sword."

"I put it to you Mr. Caines, that that is 110 percent false," he replied.

Mr. Caines questioned Bean's demeanour during the incident.

Bean said: "I was irritated from the time I heard the dog was gone right up until the time I was arrested and questioned."

Mr. Caines asked: "But you were never angry?"

"No I believe anger would make you do things a little different," he replied.

Bean described to the court how he surrendered the sword willingly to the first officer on the scene and got into the Police car.

The testimonies of Mr. Minors and fellow dog warden Jeffrey Benevides mirrored each other but told a different account to Bean's story.

In Mr. Minors testimony he described how Bean hit him on the left side of his neck with the broad side of the sword.

"He hit me on the left side of my neck with the sword flatly. I was traumatised and feared for my life." Dr. Ann Duncan, a clinical psychologist and forensic examiner, did a psychological and forensic assessment on Bean.

She told the court: "He feels he has been treated unfairly by Police, the prison, and the judicial system. He is in fear of his life.

"He is not bad in the classic community sense of bad. He simply has an underdeveloped personality structure with few problem solving skills."

Mr. Caines asked: "If the defendant were faced with a problem ? could he deal with it?"

"Yes, as long as personal property or space were not invaded," she said

"So, if his personal property or space is touched, a time bomb will set off? " asked Mr. Caines.

"No, he needs therapy, medication, and a job in order to continue to mature," she said.

She told the court: "He has the mentality of a 15 year old."

She stated that Bean needs a structured environment and anger management training. Mr. Caines asked if Bean would benefit in a controlled environment with anger management treatment.

"Yes, but it is not available at Westgate," she said.

Her suggestion to the court for what should happen to Bean was: "I am not confident that the programmes at Westgate are up and running sufficiently to provide Bean with necessary components so that he can grow up and stop bothering the court."

Mr. Dennis Cherry reluctantly took the stand as a witness to the incident.

He said: "At the time I did not feel Fabian's life was in jeopardy or I would have done something."

He described how an officer asked Bean to drop the sword and he did with some reluctance.

Mr. Cherry and Bean's testimony matched up when they described being in the Police car before the rest of the Police arrived. The dog wardens testified that Bean struggled and did not surrender the sword. Mr. Minors said: "Only after the presence of other officers Bean dropped the sword."

Magistrate Tyrone Chin adjourned the case until March 24. Bean may then be sent to Supreme Court for sentence if Mr. Chin believes he deserves a stiffer sentence.