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Defendant tells stabbing trial he acted in self defence

A man charged with stabbing his cousin with a pen knife two years ago yesterday told a Supreme Court jury he did not attack anyone and only acted in self defence during a bar brawl.

Tio Tavaun Smith, 27, denies a charge of intent to do grievous bodily harm to his cousin, Richard Windfield 'Trees' Smith, on March 31, 2002, in Southampton.

The trial is now in its second week.

Last week, the alleged victim ? 'Trees' Smith ? told the eight-woman, three-man jury that he was he was jabbed so close to the heart by his cousin Tio that he could have died.

Yesterday the defendant claimed he went to the Southampton Rangers Club on the night in question to socialise with friends but was later attacked by two men ? David Brunson, and his cousin, 'Trees' Smith.

Smith told the court he drank two Heineken beers but then switched to water for the rest of the night.

"While I was at the bar getting my water 'Trees' approached me and started saying something off the wall," he said.

"I tried to respond but I was snatched from behind. I landed on all fours and started getting punched in the back of the head."

Smith said people managed to break up the fight but he could not see the attacker.

He said he was told the attacker was his friend, David Brunson. As he tried to leave the club Smith said he was hit in the face four times by 'Trees' who was wielding a stick.

"I grabbed the closest thing, a trash can and swung it at him.

"I hit him in the upper part of the body."

Smith said he left the club and went home with no intention of returning.

He said he telephoned Brunson to ask about the attack, had a brief conversation with his friend, and went to bed.

Last week, the defendant's girlfriend Julie Robaine testified that he was with her that night and had arrived home with cuts and bruises on his face.

But 'Trees' Smith told the court the fight with Tio began in the club when Tio said to him: "F*** me! F*** your mama! I'll punch you in the head."

He said Tio then punched him in the mouth, came out of the club, grabbed a trash container and banged it around.

'Trees' said he grabbed his brother Glen's walking cane and swung it at Tio.

Later that night, Mr. Smith said he decided to go to his friend's house, and was hanging out in the area of West Dale Lane at his usual spot, but was intercepted when Tio came out of the bushes and "threw a jab" and continued to swing at him several times.

"After the third jab I don't remember anything," said the alleged victim. He recalls waking up in the hospital in a lot of pain.

Many of the witnesses in the trial have admitted to being intoxicated on the night of the alleged assault and to having hazy recollections of events.

The jury heard last week that the defendant admitted attacking his cousin, after popping out of nearby bushes, to David "Bird" Burchall on March 31.

Mr. Burchall said Tio told him that he knocked 'Trees' unconscious, kicked him, and later showed him a pen knife with a smear on the blade.

But Mr. Burchall also admitted to be under the influence of cocaine and alcohol that night.

The trial continues today.