Manslaughter dropped in case of killed Jamaican
Court.
Lee, 25, of Cavendish Heights, Devonshire was charged in connection with a fight which resulted in the death of Jamaican Stanley Barnett last year.
But after legal arguments by Lee's lawyer Mr. Philip Perinchief, Chief Justice the Hon. Mr. Justice Ward instructed the jury to return a verdict of not guilty to the manslaughter charge.
Lee, along with Troy Edwards, 23, of South Road, Paget, remains charged with causing grievous bodily harm with intent to Barnett and another Jamaican, Roy Berger, on February 10 last year.
Edwards is represented by lawyer Mr. Richard Hector.
After Crown Counsel Mr. Stephen Harrison rested his case yesterday morning, Edwards took the stand in his own defence.
He told the court he had gone to Happy Valley Road that afternoon and was sitting on a wall drinking a soda.
He said Berger came by and asked him for $10. When he refused, Edwards said Berger threatened to chop off his arm and maim him for life.
Edwards said at one point Berger reached for his hip pocket and Edwards thought he was going for a knife.
He said: "I didn't see any weapon, but Berger is known to carry a knife.'' Edwards said Lee arrived ten minutes after the fight began, but Edwards did not see Lee and Barnett fight.
"I was concentrating on my own fight,'' he said.
Lee took the stand later in the day and told the court he could not clearly see the fight taking place. He told the court there was too much activity and movement.
He also said he did not punch Barnett, but that he slapped him twice, and Barnett fell to the ground.
He said: "When I heard someone yell that Barnett had a bottle, I turned away from Troy and I could not see what was happening with him.'' Lee told the court that he and Edwards didn't kick Barnett.
In his closing arguments, Mr. Harrison told the jury the case was not a simple one of self-defence, as has been the defence argument.
He said it was a case of punishment.
"Berger was supposed to come away with the idea that he was not to mess with anyone in Happy Valley Road,'' he said.
"When a man is rendered unconscious, and his jaw is broken, that is grievous bodily harm.
"Lee has lied to the court on several occasions. When he could not think of the right answer to a question, he would claim forgetfulness. For someone to suggest that he was about to be attacked, and all he did was reach out to slap someone, that is ridiculous.
"You are not entitled by law to beat someone to the ground, render them unconscious, and then continue to beat them. That is not self-defence.'' Mr. Hector, defending Edwards, said the evidence presented by the Crown did not establish Lee and Edwards planned to assault Berger.
He maintained Edwards was provoked by Berger into fighting.
Mr. Hector argued if Edwards intended to cause harm to Berger, then he would never have laid down the table leg that he was carrying.
"He could have fought him at arm's length, and laid him low.'' Mr. Hector reminded the jury sometimes one has to defend oneself with violence. He also reminded the court of Berger's previous convictions for violence -- assaulting three police officers, and stealing money from a man's pocket.
"Every one of the prosecution's witnesses has said that Edwards didn't wish to become involved in a fight, and kept trying to walk away. The law says that if you show an intention to walk away, that is good evidence that you did not want to fight.'' The case continues today, when Mr. Perinchief will make his final submissions to the jury.
