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Warwick man acquitted in stabbing trial

A Warwick man who admitted stabbing his brother-in-law in self defence walked free from Supreme Court yesterday after a "close shave" with a conviction.

Jurors unanimously acquitted Edwin Wolffe, 28, of wounding his sister's husband, Presley Millwood, with the intent of causing him grievous bodily harm.

Mr. Wolffe, who had no previous convictions, quickly thanked the jury for the verdict, but received a warning from Chief Justice Richard Ground.

"Let me say to you Mr. Wolffe, you had a close shave this time but be warned not to get yourself in any more trouble," he said.

Mr. Wolffe, who defended himself, initially pleaded guilty to the charge, admitting he stabbed Mr. Millwood in a fight on July 18, 2003.

On Mr. Justice Ground's advice, he later changed his plea and said he acted in self-defence. He claimed he wouldn't have used a knife to fight off Mr. Millwood, if his brother-in-law hadn't picked up a knife during an earlier argument involving Mr. Wolffe, his sister, Edwina Millwood and her husband.

"It's just me against the world," said Mr. Wolffe when he declined to speak in his own defence. He would later change his mind with advice from Mr. Justice Ground.

In his summation, the Chief Justice said: "There is no real dispute that the defendant inflicted the stab wounds, but the real issue is whether he was acting in lawful self defence."

Mr. Justice Ground recounted the witnesses' testimony, going over how the fight began after Mr. Wolffe came to his sister and brother-in-law's home in Pembroke. All of the witnesses agreed that the three became involved in a loud argument in the couple's bedroom over money the Millwoods owed Mr. Wolffe for work he had done for their company, Millwood Maintenance and Construction.

The argument escalated until Mr. Wolffe ran out of the Fentons Lane house into the yard where he started throwing rocks at Millwood's jeep. Despite being held back, Mr. Millwood ran out after Mr. Wolffe and the two began fighting as family and neighbours looked on.

In the fight, Mr. Wolffe, of Spruce Lane, knifed through Mr. Millwood's arm and also caused superficial wounds to his back and side.

Mr. Justice Ground emphasised the discrepancies in the witness accounts of the fight and stabbing.

"A big point of conflict", Mr. Justice Ground said, was the time at which Presley Millwood picked up a knife. Mr. Millwood told the court that he ran into the kitchen to get a knife once the fight had started in the yard ? and Mr. Wolffe already had knife in his hand.

But Mr. Justice Ground reminded the jury that Mr. Wolffe testified yesterday that Millwood had taken a knife from the nightstand in his bedroom ? before the fight started.

"Mr. Millwood pulled a knife on me first to make me go into the kitchen to get one from the sink," said Mr. Wolffe. "If he hadn't pulled a knife I would have just fought him fist to fist like a man. I'm not a killer."

The jury also had to address the question of whether or not Mr. Wolffe acted in self defence during the fight, said Mr. Justice Ground.

Mr. Justice Ground recounted Mr. Wolffe's testimony that during the lengthy fight "Millwood came at me and took the first swing" when he first stabbed Millwood in the right arm.

But Mr. Wolffe said he could not remember what happened when he stabbed Mr. Millwood the second and third time, Mr. Justice Ground said. In addition, the jury was reminded that Mr. Millwood said that he blanked out when he was stabbed in his side and back.

A complete picture of the scene could not be constructed because of the other witnesses' contradictory testimonies

But Mr. Justice Ground told jurors they could consider Sharon Armstrong ? the taxi driver who drove Mr. Wolffe to the house and witnessed the scene while waiting for him ? "an independent witness" and not a party in the dispute between the family members.

He reminded the jurors that Ms Armstrong said that Mr. Wolffe was talking to himself in her cab, saying that if Mr. and Mrs. Millwood "don't pay me, they had better watch out if they don't want to get messed up".

But she also said she saw Mr. Millwood chasing Mr. Wolffe up a small hill right before the final stabbing, but she said her view was blocked when the stabbing occurred.

Before giving the case to jurors, Mr. Justice Ground told them they had the option of finding Mr. Wolffe guilty of simple wounding if they were not convinced that he intended to cause grievous bodily harm.

It took them about two hours to reach the verdict, which Crown counsel Oonagh Vaucrosson said was "a surprise".