The former manager of a nightclub where a bouncer allegedly attacked a customer will not give evidence to his trial, because he's refused to return from his new home in Italy.

Magistrate Juan Wolffe ruled yesterday that because Marino Ramazio, who used to run Splash on Bermudiana Road, cannot be cross examined on his Police statement about the incident, it would be unfair to defendant Jason Harrell for it to be considered as evidence.

Harrell, 34, has admitted that he kicked customer Jody Feldman, 28, in the face during a scuffle outside the club in the early hours of December 2 2006. However, he has pleaded not guilty to a charge of assault causing grievous bodily harm.

Harrell told the Police in an interview after the incident that he kicked out in self defence after a "ranting and raving" Mr. Feldman swore at him, grabbed him by the testicles and made to lunge at him after being denied entry to the club.

A medical report read to the court by Crown counsel Robert Welling during the fourth day of evidence in the case yesterday listed Mr. Feldman's injuries as a laceration to the back of the head that required eight stitches, bruising, a cut lip and concussion.

The court also heard Detective Constable Patrick Rock explain that he had only been able to trace Mr. Ramazio to his new home in Capri, Italy, last week. The club manager is said by other witnesses to have seen what happened outside the now-defunct club. However, Det. Con. Rock said he had left Bermuda in order to avoid being deported, having been discovered by the Immigration Department to be breaching the terms of his work permit.

He added that Mr. Ramazio indicated in e-mail correspondence that he is now involved in a restaurant business in Capri, which also prevents him from travelling back to Bermuda to testify.

Crown counsel Robert Welling told Mr. Wolffe the statement taken from Mr. Ramazio on December 11 2006 should be considered as written evidence because it would be impractical to expect him to fly back from Italy.

However, agreeing with a submission from defence lawyer Llewellyn Peniston that this would be unfair, Mr. Wolffe said: "I sympathise with Detective Constable Rock but the defendant should not be prejudiced for the difficulties faced by the Crown."

The case continues with Harrell, a Regiment soldier from Cut Road, St. George's due to give evidence in his own defence today.