One of the men accused of the murder of Tekle Zion Mallory at the Ice Queen restaurant was only trying to break up the fight, it was claimed in court yesterday.

Two of Jahni Everett Bean's friends took the stand at Supreme Court and said they had seen the accused holding Mr. Mallory and stepping backwards, shortly before the deceased fell to the ground.

The prosecution has alleged that Bean, 19, of Warwick, was holding Mr. Mallory while his cousin Quincy Stanley (Jimbo) Brangman, 23, stabbed him in the stomach during a fatal fight at the Paget eatery in July, 2001.

They are jointly accused of murder. However, Brangman is also accused of wounding Lemuel Weeks, with intent to do grievous bodily harm, and of the possession of an offensive weapon - a knife - on the same date.

Both men deny the charges.

Yesterday, it was alleged by the defence in court that Bean was not holding Mr. Mallory, but merely trying to pull him away from the fight with Brangman.

Witness Steven Lightbourne, a friend of Bean's who was with him on the night in question, said they were sitting in the car park of the Ice Queen when they heard an argument break out.

He said they both went to see what was happening.

“I saw two Somerset boys scuffling,” he said. “I just know one was Jahni's cousin, Quincy. I then walked back over by the bike and saw Jahni holding Tekle, and then he dropped him.

“It was a Full Nelson - a hold around the upper body. Jahni was at the back and the deceased was at the front. I saw Jahni look at his shirt, and then run to the entrance.”

Mr. Lightbourne said Bean was soaked with Mr. Mallory's blood. He said he dropped the murder victim's body to the ground and then ran.

He told the court how he had spoken to Bean early the next morning at a friend's house, and Bean said Mr. Mallory, from Somerset, might have died from the attack at the Ice Queen.

Mr. Lightbourne said Bean then simply told him to “tell the truth” if asked about the incident.

However, defending Bean, lawyer Patrick Doherty said: “Would you agree with me that when you saw Jahni Bean, they were moving backwards?”

The witness replied: “He (Mr. Mallory) was squirming at the time.”

The lawyer continued: “The person that Jahni was holding was trying to fight and struggle? Was Jahni stepping backwards, pulling him away from that area - they were moving back?”

Mr. Lightbourne responded “yes” to both questions, and then said “two steps”.

For the prosecution, Vinette Graham-Allen asked Mr. Lightbourne to explain what he meant when he said Mr. Mallory had been squirming and trying to fight.

He added: “He was struggling to get out.”

Mr. Lightbourne said he did not see Mr. Mallory being stabbed, and did not see Brangman just before the victim fell.

Another one of Bean's close friends, Shaundae Jones, of Warwick, said he was with Bean and Mr. Lightbourne at the time, at about 4 a.m. on July 21, when the arguments broke out.

He said he believed Bean had recognised his cousin Brangman's voice, and so had gone to where the row was.

Mr. Jones said: “I was still by my bike. People were crowding around the area where the scuffling was. The crowd shifted. I remember seeing Jahni backing up.”

He said Bean had an expression on his face as though saying ‘get off me'.

“I noticed he looked shocked,” added Mr. Jones. “His clothes looked bloody.”

The witness said he noticed someone drop to the ground as Bean was backing up.

Mr. Jones told the court that he went to look for Bean after he ran off, but decided to go home when he could not find him.

He was awoken about an hour later by Bean tapping on his bedroom window, asking to be let in.

“I noticed he was in shock,” added Mr. Jones. “His clothes were bloody.

“He told me there was a fight down at Ice Queen and he went over to see what was going in. He recognised his cousin and was trying to break it up.”

The court heard that later that morning Bean asked Mr. Jones to look after his jewellery, and asked him to care for his son if he was to be held in custody.

The witness added: “I remember him telling me he was going down to the Police station with his father to sort everything out.”

Mr. Jones said he had seen someone shouting at Brangman at the Ice Queen, but could not see who it was. And he said he did not see who was fighting, and did not see Mr. Mallory when he fell to the ground.

A third witness, Yikunno Amlak Goater, gave a different sequence of events on the stand yesterday.

He said he had gone to Ice Queen with a friend and was walking to the pay phone when he noticed a fight break out.

He said he saw Mr. Mallory come out and shout “stop fighting” when Brangman and another man were scuffling.

He said: “Tekle Mallory came out from Ice Queen and ran behind the planter. He grabbed Jimbo (Brangman).

“Jahni came and hit Tekle Mallory from the side. I don't remember what Tekle Mallory was doing when he was hit.

“Tekle fell over the hedge on the opposite side. I didn't see anything. By the time I came from the other side (of the hedge), I saw Jahni kick him. He (Mallory) held his stomach and he fell to the ground.”

Mr. Goater said he did not see anyone holding Mr. Mallory, and did not see anyone rush at the deceased before he fell to the ground.

But he said he saw both Brangman and Bean jump over the hedge after Mr. Mallory.

The case continues before Assistant Justice Archibald Warner.