A former Sandys Secondary student accused of assaulting principal Melvyn Bassett was a "victim of discrimination'', Magistrates' Court heard yesterday.

Kiwon Butterfield, an 18-year-old Rastafarian, has admitted punching Mr.

Bassett after his name was not called during a graduate roll call because his dreadlocks were not covered.

Mr. Bassett previously testified that Butterfield was aware of the school's policy on required headcovering.

But yesterday during submissions, Butterfield's lawyer Elizabeth Christopher said Butterfield was a victim of discrimination and that Mr. Bassett's actions constituted "an act of provocation''.

"Mr. Bassett told the students that (prom night) was supposed to be one of the finest nights of Kiwon's and the other students' school career,'' she said. "Whether or not his dreadlocks were covered shouldn't have affected this.

"He was an ordinary kid, not a troublemaking kid, and it was a lot of hard work for him to graduate,'' Ms Christopher added. "When Mr. Bassett did not call his name, it was like being denied at the finish line.''.

Ms Christopher claimed that Mr. Bassett assumed Butterfield would be wearing a head cover, but it was not based on any explicit agreement.

She added that Mr. Bassett did not pay any attention to students who wore makeup and jewellery on prom night, contrary to school rules.

This, she said, meant Mr. Bassett had singled out Butterfield for punishment on the basis of his religion.

"People should not be expected to put their religious beliefs on a back burner,'' she said.

But Senior Magistrate Will Francis interrupted, stating: "That's not the issue. The issue is whether or not there was sufficient provocation. I have to think back to when I was 16 and think -- would I have punched F.S. Furbert under those circumstances?'' Ms Christopher cited a case where taunting as provocation was used as justification in a murder trial.

And she said: "If a taunt or a jeer can justify killing, surely someone saying in essence `your faith ain't worth jack' justifies assault.'' But Mr. Francis told Ms Christopher: "I have to look at Mr. Butterfield as an ordinary person ...not as a Rastafarian, a Christian, a Muslim, or a Buddhist. The issue is, would an ordinary 16-year-old under those circumstances do what he did and punch his headmaster?'' "I'm not saying that because he's a Rasta, the court should excuse him,'' Ms Christopher retorted.

"But this whole business of whether or not it was a rule that his dreadlocks be covered is a bit of a red herring.

"If it's a rule that someone not wear dreadlocks to their prom, then it's an unlawful rule that I have a real problem with.'' The case is expected to continue this morning.