Log In

Reset Password

Splash bouncer: I was defending myself

Jason Harrell

A nightclub bouncer admitted kicking a customer in the head with his boot — but told Magistrates' Court he was acting in self defence.

Jason Harrell, 34, who worked at the now defunct Splash venue, said Jody Feldman grabbed his testicles and leg prior to him kicking him.

"Like any man, I don't like having another man's hand on my testicles. He did get a grip but before he could make that grip very firm I was able to get his hand away," he told his Magistrates' Court trial.

Harrell, a soldier who was working part time at the club, went on to claim that Mr. Feldman, 28, then grabbed his leg and flipped himself over as if he was about to lunge at him.

This, he admitted, caused him to kick the customer in the face with his military-style boot, which has a reinforced toe section.

He accepted this caused Mr. Feldman to suffer a laceration to the back of his head, which prosecution witnesses say happened when he hit it on the pavement.

However, Harrell denies assault causing grievous bodily harm, claiming he was acting in self defence during the scuffle outside the club in the early hours of December 2 2006.

He alleged yesterday that Mr. Feldman became hostile and verbally abusive when he denied him entry to the club for refusing to show the necessary hand-stamp. A physical confrontation ensued, he said, after Mr. Feldman ranted and raved at him, waved his arms in a threatening manner and refused to leave.

They ended up grabbing each other with Mr. Feldman falling to the ground.

"As I released him, he reached up and grabbed my testicles. I was able to knock his hand away. I tried to move him off and he grabbed my leg and I pulled that free," said Harrell.

"At the time, I had my back to him and as I turned around, I was surprised to see he had flipped himself over and was lunging at me. That's when I had to defend myself."

He claimed he kicked Mr. Feldman out of "pure instinct" to stop him from attacking him.

However, Cross-examining him on his evidence, Crown counsel Robert Welling alleged the kick was "delivered by a man who'd lost his temper."

The defendant said this was incorrect.

"You were fed up with the challenge that Jody Feldman was making to your authority?" asked Mr. Welling.

"Again, you'd be wrong. I don't take anything on that job personally," replied Harrell.

"You had no need to get involved in a physical confrontation because you had plenty of back-up didn't you?" asked Mr. Welling.

"Once again, you're wrong. He was making an unsafe working environment with his threats, with his body posturing," said Harrell.

Mr. Welling further put it to the accused: "In fact, this was caused by you losing your temper."

Harrell responded: "It was caused by Mr. Feldman having too much to drink and not knowing how to handle himself."

He also took issue with the prosecutor's assertion that he was lying to both the Police and the court when he claimed Mr. Feldman grabbed him by the testicles and the leg.

"I don't see what gives you the right to tell me I'm lying. Once again you're wrong," he told Mr. Welling.

The case is slated to continue on June 5, with the postponement necessary due to the busy schedules of both Mr. Welling and defence lawyer Llewellyn Peniston.

Magistrate Juan Wolffe bailed the defendant, of Cut Road, St. George's, until that date.