The lawyers in the Supreme Court trial of a man who allegedly stabbed his cousin with a pen knife presented their closing arguments, yesterday.

Tio Tavaun Smith, 27, of Scenic Heights, Southampton denies that he was the one who caused grievous bodily harm to his cousin, Richard Windfield 'Trees' Smith, on March 31, 2002, in Southampton.

The two cousins were involved in two scuffles that night ? one occurred at the Southampton Rangers Club.

But Mr. 'Trees' Smith claims later that night that he was sitting at his usual spot on West Dale Road in Southampton when his cousin came out of the bushes and jabbed at him several times.

He claims that he stabbed him in the chest close to his heart with a pen knife.

Defence lawyer Victoria Pearman yesterday questioned the reliability of several of the prosecution's witnesses.

She told the jury that Mr. 'Trees' Smith and his brother, Glen, were under the influence of "whatever".

She said Mr. 'Trees' Smith admitted he had six Elephant beers and some cocaine that night.

"The account of what happened at Rangers Club by Richard and Glen were like two different versions," she said. "We submit that he was full hot."

She added that David "Bird" Burchall was an unreliable witness because he didn't remember the things he said in his statement.

Mr. Burchall told the court during his evidence that he told Police he was at the Rangers Club on the night in question. When later asked if he remembered being at the club that night he said no.

Mr. Burchall said Smith told him that he attacked 'Trees' and then later showed him a pen knife.

She said that Mr. Burchall "guessed the conversation happened around 11 p.m." because it was after the club closed.

Ms Pearman added that Smith had an alibi given by his girlfriend, Julie Robaine.

Ms Robaine said Smith arrived home between 9.30 p.m. and 10.30 p.m.

Emergency room physicians placed Mr. 'Trees' Smith at King Edward VII Memorial Hospital being examined at 10.30 p.m.

Crown counsel Anthony Blackman said the defendant told the court that he left the club at 10.45 p.m. which would mean he would have arrived home at 11 p.m.

"There's no way on earth he could have been home between 9.30 p.m. and 10.30 p.m.," Mr. Blackman said.

Mr. Blackman also added that Mr. 'Trees' Smith was able to defend himself during one of the scuffles between Smith.

He said: "'Trees' had the presence of mind to grab his cousin's cane and defend himself.

"This is a man who is supposed to be red hot yet he was able to defend himself."

Mr. Blackman said there was no definitive evidence that Mr. 'Trees' Smith was drunk.

Assistant Justice Archibald Warner will sum up the case tomorrow and then the jury will deliberate.