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Accused was home with the flu, says mother

Bennett Phipp

The mother of a man accused of using an electric drill to injure a man during a mob attack yesterday told a jury he was at home sick with the flu at the time.

According to victim Temasgan Furbert, Bennett Phipps used the power tool to cut him behind the ear and on his side.

Phipps, from St. George's, is now on trial at Supreme Court along with five other men, accused of wounding 23-year-old Mr. Furbert with intent to do grievous bodily harm on the night of February 27 last year.

The trial has heard how his fingerprint was discovered on a helmet visor found near the scene of the attack in North Church Lane, Hamilton Parish.

Phipps, 26, from Waterloo Lane, chose not to take the witness stand yesterday to give evidence in his own defence. However, he told the 12-women of the jury that he stands by the statement he gave the Police.

They heard that interview played last week, with Phipps telling officers he was sent home from work on the day in question because he had the 'flu. He said the visor found at the scene could have been one he borrowed to get home from work as he often took rides from friends.

Yesterday, his mother Edna Phipps backed his account of events. She told the jury he came home early from work around lunchtime on the day in question with 'flu-like symptoms.

She gave him NyQuil, a cold medication, and he went to bed.

Mrs. Phipps said her son rose again in mid-afternoon, she gave him more medicine, and he went back to bed. She told the jury she checked on him around 10 p.m. or 10.30 p.m and again around midnight when she went to bed.

She agreed with prosecutor Robert Welling that although she answered questions from the Police, she did not give a statement providing her son with an alibi.

Mr. Welling continued: "I'm going to suggest to you that you had the suggestion put into your head by your son about where he was on the 27th."

However, Mrs. Phipps replied: "That would be incorrect."

The court also heard from Nancy Hooper, secretary to the Corporation of St. George's, that Phipps' time sheet listed him as being off sick from February 27 to March 4, 2009.

Phipps' co-accused Allan Douglas Jr., 22, took the stand to give evidence in his own defence. He told the jury he had never been in trouble with the Police before and was with co-accused Kyle Williams Tannock at St. George's Cricket Club from around 10.50 p.m that night before going on to Club Ovation.

He was the captain of the St. George's Cricket Club football team at the time and Williams Tannock is a former captain.

Their co-accused Detroy Smith and Bennett Phipps are also members or former members of the team and Jade Foggo also played on it at the time.

He denied a suggestion from prosecutor Robert Welling that he and Williams Tannock only went to the cricket club after the attack, then went on to Club Ovation to celebrate.

They, along with co-accused Detroy Smith, Kaiwan Trott and Kiwaun Gilbert deny wounding Mr. Furbert with intent to do grievous bodily harm. The case continues.