colleague with intent to cause grievous bodily harm but may face a lesser charge.

Construction worker Keith Neville Bean had pleaded provocation after he punched his supervisor and then threw a heavy steel shackle at him and fractured his skull.

Bean, who is black, said he reacted this way after being racially abused by white supervisor Michael Carey. The attack occurred when a row erupted on board a barge while the pair were employed building a new wharf at Royal Bermuda Yacht Club in June, 1999.

The jury acquitted the 34-year-old Somerset Road, Sandys man on a unanimous verdict but failed to reach a majority verdict on a lesser charge of committing grievous bodily harm without intent.

Earlier Puisne Judge Vincent Meerabux told the jury they could acquit Bean if they felt he was provoked by the victim and lost control in the heat of the moment but they had to believe the violence was not disproportionate or intended to cause grievous bodily harm.

He discharged the jury just after 4 p.m. when they failed to reach the necessary nine-person majority on the lesser charge.

Bean was bailed on the same terms until the next arraignment session on June 1. Crown counsel Patrick Doherty said the Crown intended to proceed with the lesser charge at that time.

The lesser charge carries a maximum five-year sentence rather the ten-year term possible under the original indictment.

Mr. Doherty declined to comment further while Bean's lawyer Delroy Duncan also chose to remain silent.

During the five-day trial, the jury heard that Mr. Carey chided Bean after he missed when he tried to throw a rope from his boat to the barge where Mr.

Carey stood. When Bean grumbled, Mr. Carey admitted telling Bean `not to be an a**hole'. However, Bean said there was racial abuse in the exchange.

Bean then struck Mr. Carey on his neck as he walked away. Bean claimed Mr.

Carey had a history of racial insults -- a claim the victim denied.

The court also heard Bean was previously convicted of causing grievous bodily harm in the workplace. Mr. Carey, employed by the firm partly for his diving skills, said he has been unable to work underwater since the attack and suffers headaches.

Keith Bean DISCRIMINATION DIS