The Bromby brothers began their appeal yesterday against a judgment which found them guilty and then absolutely discharged of assaulting and verbally threatening their neighbour Henry Talbot.

Olympic sailor Peter Frederick Bromby, Jr. and his brother John Mark (Bo) Bromby were charged last February of unlawfully assaulting their neighbour in May 2004 during a property dispute. On May 18, 2005 they were found guilty but absolutely discharged for their crimes. Despite facing no fines, jail time and the conviction-free police record the brothers decided to appeal the judgment because they maintain their innocence. Their lawyer, Richard Horseman, argued at Supreme Court yesterday that Magistrate Khamisi Tokunbo ?erred in law? when he made the judgment. Mr. Horseman mentioned a myriad of issues he had with the judgment. He said that nowhere in the judgment did it indicate the judge took into account testimonies from two witnesses. They both said they never saw an assault take place.

Mr. Horseman said that instead of these witnesses being taken into account the judge had based his decision on testimony given by one of Mr. Talbot?s employees, Earl Waldron. Crown counsel Oonagh Vaucrosson will make her submissions regarding the appeal today.