Jury gets conflicting versions of assault
A Supreme Court jury heard two very different versions of a house breaking and grievous bodily harm case from the crown and the defence yesterday.
Reggie Devonne Lowe, 21, and Elroy Jermaine Dill, 24, have denied charges of breaking into David Leroy Burchall's Horseshoe Road, Southampton home with intent to do grievous bodily harm.
The court heard yesterday the co-defendant's went to Mr. Burchall's home to question him about the whereabouts of Dill's stolen bike when a scuffle ensued.
The complainant sustained lacerations to his head, arms, wrist and a fractured skull. The defendants claim they acted in self-defence against Mr. Burchall.
The five-woman, seven-man jury heard Mr. Burchall state in his evidence that he was awakened after he had fallen asleep in an armchair by Dill shaking him with questions about a missing motorbike.
The complainant said Lowe was nearby holding a machete.
Mr. Burchall told the court that he stood up to face the defendants.
"Out of fear I reached into the side of my armchair with my left hand to get my machete for self-defence," he said.
He said he saw Lowe swing his own machete and hit the front of his head when a scuffle began.
"I was being pushed from my right side. After that I was pretty much dazed and I knew I was still being attacked but how I can't recall."
Mr. Burchall said he saw blood all over his bed, the floor and the walls and he told the defendants: "You guys chopped me."
He claimed Lowe then took the machete from him and said: "Give me that. You're acting like you're a bad mon".
During cross-examination, defence lawyer Larry Scott suggested to Mr. Burchall that the defendants had not broken into his own but rather he let them in.
"It's a fact, isn't it, Mr. Burchall, that Mr. Dill and Mr. Lowe knocked on your door and you were awakened by that knock?", he asked.
Mr. Burchall disagreed.
Mr. Scott also questioned Mr. Burchall on the weaponry he had in his home including the machete and dummy swords used for martial arts.
"I'm going to suggest you keep those weapons close by for your lifestyle. You are a violent person".
Mr. Scott also suggested Mr. Burchall drew the machete from the side of the door to the entrance of his home and attacked the defendants.
Lowe told the jury he and Dill went to the complainant's home to question him about Dill's missing bike.
He said they knocked on the door and asked Mr. Burchall repeatedly if he knew about the bike.
The court heard that Mr. Burchall got "irritated" with the accusations and pulled out a machete from the door to attack the men.
Lowe admitted that a scuffle began and Mr. Burchall dropped the weapon. He admits he picked it up and slapped the complainant with it in self-defence.
"I saw blood, knew he was hurt and wanted to leave," he added.
Lowe said he went home and had a brief conversation with his father about the incident then went to play football.
Dill claimed that when Mr. Burchall allegedly raised the machete to attack the pair, Dill grabbed his upper body and Lowe came behind and held him by the waist.
Dill told the court the scuffle began at the door and ended in the complainant's bedroom. The defendant said he never saw the machete drop or Lowe swing it at the defendant but admitted the fight stopped when he saw blood on his hands.
During cross-examination, Crown counsel Shakira Dill repeatedly questioned Dill on why he did not leave after Mr. Burchall repeatedly denied stealing the bike.
"That's not a reason for me to leave. I needed to ask him", he said.
Dill previously told the court he had seen Mr. Burchall in his neighbourhood around 1.30 that morning.
"I've never seen him in my neighbourhood in my life," he added.
Ms. Dill also questioned why the pair didn't leave when Mr. Burchall began the alleged attack.
Dill said: "It's a machete. You're not going to turn your back and try to run when someone pulls out a machete."
Both lawyers will sum up their cases today before Chief Justice Richard Ground gives his summation.
