Jury finds alleged assailant not guilty
dispute over a marijuana `spliff' walked free from court yesterday.
It took the jury of nine women and three men just about an hour to unanimously find Nikia Javon Burchall not guilty of unlawful wounding, with intent to do grievous bodily harm.
After the verdict was read out at Supreme Court, the 25-year-old defendant, of Middle Town Road, Pembroke left the court smiling with his defence barrister Larry Mussenden.
Afterwards, Mr. Burchall refused to comment, but Mr. Mussenden said: "The jury has spoken. Of course, we are satisfied with the result. The prosecution's case was just full of doubt.'' Mr. Burchall had denied the charge, claiming that instead he had been attacked by alleged victim Terrence Webb.
And although he did not dispute that Mr. Webb, 37, had received head and body injuries in Court Street, Hamilton, on February 14 last year, he said they had nothing to do with him.
The defendant claimed it must have been mistaken identity.
Mr. Webb required surgery after having his nose sliced open and also required treatment for a crushed cheekbone, a cut to the back of his head, and contusions to his body.
He also claimed he had several dog bite marks on his body, although Dr. Roslyn Bascome-Adams, of King Edward VII Memorial Hospital, made no mention of them when she gave evidence in court.
Mr. Webb had claimed in court that he met Mr. Burchall, whom he knew, outside Roosters fast food shop at about 1 a.m. and asked for a `draw' of the `spliff' in his hand.
The alleged victim said he did not have a light, so he asked Eric Dunkley, who was in a taxi, to light it for him.
But Mr. Webb, of South Shore, Paget, told the court Mr. Dunkley had driven off in the cab with the drug, before tossing it out of the window.
Mr. Webb said he asked his cousin Ricky Wilson to retrieve the `spliff', but when he gave it back to Mr. Burchall, the defendant kept shouting that it was not the same one he gave him.
A verbal disagreement ensued. Mr. Webb claimed that he walked away to the other side of the street because he believed Mr. Burchall was trying to start something.
Then the alleged victim claimed that about ten or 15 minutes later Mr.
Burchall came back from the Spinning Wheel with a golf club and a Pit Bull.
The court was told that Mr. Burchall first attacked Mr. Wilson, but then turned on Mr. Webb, hitting him on the back of the head.
Mr. Webb said: "When I regained consciousness, the dog was all over me. Two other people must have come from the other side of the street.
"They didn't know what was going on, but they were helping Nikia to assault me, kicking and punching me on the ground.'' Mr. Webb did not appear to be in court when the verdict was read yesterday lunchtime.
