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Witness tells court she saw bouncer kick man on ground

A bouncer at Splash nightclub kicked a patron while he was kneeling on the ground, a witness has claimed at Magistrates' Court.

Describing the head injuries her friend Jody Feldman suffered as a result of the alleged attack by Jason Harrell, Liana Hall said: "He was bleeding a lot. It was all over my clothes. A pool of blood was coming from the back of his head."

Harrell, 34, a Regiment soldier from Cut Road, St. George's, is on trial accused of causing grievous bodily harm to Mr. Feldman in the early hours of December 2 2006.

Mr. Feldman, 28, claimed on the opening day of the trial on Wednesday that a white bouncer with short brown hair refused to let him back into the club after he'd left to make a phone call.

After a verbal dispute, Mr. Feldman alleged that the bouncer shoved him to the ground, causing him to hit his head on the pavement and lose consciousness. He said he'd later been informed by a Police officer that he was also kicked in the face.

The Bermudian complainant, now living in New York, suffered a laceration to the back of his head that needed stitches, a chipped front tooth, cuts around his mouth and lips and swelling around his eyes and cheek.

Harrell's lawyer, Llewellyn Peniston, has told the court the identity of the alleged culprit is in dispute. He has also put it to witnesses that the bouncer in question had to defend himself from attack by a drunken and aggressive Mr. Feldman, who grabbed his testicles at one point.

Giving evidence for the prosecution yesterday, Ms Hall said she met up with Mr. Feldman and his flatmate Alex Smith in Splash on Bermudiana Road, a venue that has since closed down.

The trio decided to leave together, with Mr. Feldman exiting the club before them, then failing to get back in when they remained inside chatting for too long.

She described seeing Mr. Feldman with three other bouncers outside the club - two black and one white - and hearing him tell one of the black men in a slightly raised voice: "This is f****d up" before yelling for the manager.

She turned away from the scene - which she estimated to be two to three feet away from her position on the club's patio - but the sound of scuffling caused her to turn back again.

"Two men dressed all in black who I assumed were bouncers pinned Jody to the ground. One pinned him with his knee in his upper shoulder. Jody was face down in the road, not on the sidewalk," she told the court, explaining both men pinning her friend were black.

"As Jody was lying down, the white bouncer I referred to earlier was about a metre in front of him standing in the road. The bouncers pinned him down for about a second, maybe two, they let him up pretty quickly. They just pulled away from him and backed off. Jody tried to get up. He got on his hands and knees. He brought his head up and started lifting himself. He was still down on both knees and then the white bouncer in front of him stepped towards him, hopped onto his left foot, and then kicked with his right foot anywhere from his chest level upwards.

"I saw Jody's head snap backwards very quickly and then his whole body followed. The back of his head hit the edge of the sidewalk and it made a really loud crack, at which point a lot of people heard it and turned at the same time."

She said of the white bouncer at this point: "He looked angry".

Asked by Mr. Welling: "Did you see Jody do anything to the white bouncer before this kick that could have justified it?" she replied: "No, he was quite shaky. He seemed a bit disoriented and he was trying to push himself up."

Ms Hall said Mr. Feldman was left unconscious with a lot of blood coming from the back of his head and his mouth. Bystanders administered first aid and she called 911.

She later saw Mr. Feldman's flatmate Alex Smith and the white bouncer engaged in a fight, surrounded by Police officers.

She described her alcohol intake that night as being one drink and a few sips of beer.

In cross-examination, Mr. Peniston asked Ms Hall: "I suggest to you, madam, that while you were standing there, Jody was both physically and orally, by the way of profanity, aggressive with the white bouncer."

She replied: "No, I didn't see that."

"I suggest to you," continued the defence lawyer, "that while your back was turned those scuffles were triggered by Jody's drunken belligerence towards the bouncers."–Ms Hall responded: "My back was turned so I've no idea what the scuffles were caused by."

She added that she did not see Mr. Feldman grab the bouncer's testicles, as Mr. Peniston alleges he did.

The case continues.