Ord Road wounding trial could go to jury today
A Supreme Court jury is likely to begin deliberating today in the case of an alleged stabbing between acquaintances over an undisclosed ?purchase? on June 24, 2004.
Chinua Jabari Durham, of Tribe Road #5, Paget denies wounding Jamel Antoine Simons with intent to do grievous bodily harm. The alleged stabbing took place in an Ord Road residence after then men got into an argument outside the home because Durham said he did not have the items Mr. Simons wished to purchase.
Durham said he then left for Jamaican Grill and Mr. Simons shouted: ?You are cheap! I am gonna rob you and your stuff is gonna be gone.?
Mr. Simons denied saying the statement but did concede that he stole some of Durham?s property while the man was purchasing food. When Durham returned, the two men began arguing again Crown witness Marco Costa said. Mr. Costa said he could not hear what the fight was over but that he saw Mr. Simons, who is a foot taller than the defendant, slap Durham.
He also said Durham never lifted a finger against Mr. Simons and that he simply walked away saying the complainant was ?crazy?.
Durham?s evidence matched what Mr. Costa said but Mr. Simons denied this version of the events and said that he slapped Durham before he went to Jamaican Grill and that the defendant gripped him.
Mr. Costa said that Durham left the altercation and went into his house and that Mr. Simmons followed him a few minutes later.
?I don?t know what happened inside the house but I heard Chucky (Durham) yell ?Get this guy off me he?s crazy!?,? Mr. Costa said.
Durham and Mr. Simons have two very different versions of what transpired inside the Ord Road residence.
Mr. Simons said that Durham opened the door for him and let him into the house, he said that he followed the defendant into the kitchen to return the items he had stolen. Mr. Simons said he was raising his arm to hand over the goods when he ?felt an incision under my arm?, slipped and fell on top of Durham.
Durham denied this version of events and said Mr. Simons ?barged? his way into the house. He said the complainant punched him and that he responded by punching back.
He said that Mr. Simons then picked him up in ?a bear hug? and carried him across the room. Durham said he was ?kicking out? to try and break free when both men tumbled to the ground. Durham said at this point he felt ?traumatised? and that he felt his life was being threatened.
While on the ground the two men continued fighting and Durham said he felt a ?sharp object? cut his left hand.
He said he managed to grab the object and began ?swinging?.
?It was me or him,? Durham said.
Durham said he did not have a ?sharp object? in his hand before Mr. Simons came into the house and the complainant does not remember seeing one in the defendant?s hand either.
Conversely, Durham does not remember seeing a ?sharp object? in Mr. Simons? hands during the altercation either.
?I ran down the road,? Durham said. ?I called my dad, I was so scared. I hid out at my grandmother?s house for a week until I got a lawyer and then went to the Police.?
Mr. Simons was taken to the hospital where Dr. Ashfaq Syed treated him. On Tuesday, Dr. Syed said Mr. Simmons suffered from two ?incised wounds? caused by a ?sharp object?.
He said the complainant was in stage three shock when he came to the hospital and had lost 30-40 percent of his blood.
On Wednesday, Det. Sgt. Kevin Christopher, told the court that Durham came of his own volition to the Police Station on July 2 with a lawyer.
He said that once Durham was placed under arrest and cautioned the defendant was crying and said: ?You don?t know everything.?
Yesterday, Crown Council Anthony Blackman closed the Crown?s case and said the size difference between the two men should not be taken into consideration. He also said that the Crown had been very forthcoming with Mr. Simons wrong doings in the incident and never hid the fact that he slapped the defendant or stole items from him. He said that much of Durham?s evidence did not make sense.
In the defence?s closing arguments attorney Elizabeth Christopher said the Crown had not proved anything. She said the complainant was the wrong doer in this case and her client had acted in self-defence.
?He?s a bully,? she said, speaking of the complainant. ?And you know why he went to that apartment, to bully my client.?
She said that not only had Mr. Simons provoked her client by physically assaulting him, he had then entered the defendant?s home and further attacked him.
?In our law my client is allowed to use assault if he can not otherwise avoid death or grievous bodily harm to himself,? she said.
Justice Norma Wade Miller will give her summation this morning and the jury will begin deliberations.
