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Victim admits to being drunk at time of attack

A Supreme Court judge yesterday expressed concern about the evidence of an attack victim after he admitted he was drunk at the time of the assault.

Niedel Swan received a broken jaw and cheekbone after he was allegedly hit on the head and face with a baseball bat outside Hamilton Parish Workman's Club on April 10 last year.

Rashad David George Cooper, 20, of Fentons Drive, Pembroke, denies causing Mr. Swan grievous bodily harm.

Giving evidence yesterday, Mr. Swan, who was 18 at the time of the attack, said: "I was drinking shots of Hennessy. I had too much. I was drunk."

He added later: "The only thing I remember is sitting on the wall (outside the club) and after that I woke up in hospital."

Assistant Justice Archibald Warner told Crown counsel Graveney Bannister: "You are not going to bring a man to my court who was drunk to give evidence?"

Mr. Bannister replied: "He can be drunk but still be aware of his surroundings."

Mr. Justice Warner added: "I am concerned about this evidence. It is a matter for the jury to assess each of the witnesses, but my problem starts by (him) saying he was drinking (too much).

"He stands there and looks like he is guessing. Isn't this some clear indication he is speculating, and if he is speculating there is a difficulty."

In his opening statement on Monday, Mr. Bannister told the jury they would hear evidence that Cooper approached Mr. Swan on June 2 last year at Bailey's Bay Cricket Club and asked him if he was pressing charges, adding: "You know I didn't mean to attack you with a baseball bat".

Yesterday, Mr. Swan said he could not remember anything about what happened on June 2 last year.

Earlier, Deshun Eugene Simons told the court that three people were involved in a commotion outside the club on April 10 last year and one man kicked over some bikes and another intervened.

The man who kicked over the bikes left and returned with a few other youths and then hit Mr. Swan on the head with a baseball bat.

Mr. Simons said Mr. Swan was hit four times on the head and face with the baseball bat, but he admitted to Cooper's lawyer Craig Attridge yesterday that he said earlier in Magistrates' Court that the victim had only been struck once.

Yesterday, Mr. Simons said although he saw the incident out of the corner of his his eye "I saw everything as clear as day".

He admitted to Mr. Attridge he did not the see the incident directly and that the lighting was dim.

Mr. Swan, of My Lord's Bay Lane, Hamilton Parish, is expected to continue giving evidence today.