Brothers, Brian Joseph and Dequan Small, who are accused of attempting to murder their fellow villager, are likely to know their fate early this week after a jury deliberates on the case against them.
The allegation against the jointly-charged duo is that on June 24th 2007, at Lot 63 Diamond, East Bank Demerara, they wounded Sean Hussein with intent to murder him.
In the alternative, the men have been charged with wounding the man with the intention of causing him grievous bodily harm; or to maim, disfigure or disable him.
They have pleaded not guilty to the charges.
Testifying on Friday, the complainant told the court that the two brothers are known trouble-makers in the community, who would often bully persons.
He said that on the day in question he was sitting in a hammock under his house when the men passed by and called out to him to which he raised his hand in acknowledgement.
Hussein related that some moments later, the men again passed back and called him out. This time he said, they indicated they wanted to speak to him and so he left where he was, and went out of the yard to speak with them.
Once he had gotten to where they were standing, the complainant said that Joseph dealt him a lash to the side of his head, as a result of which he immediately fell to the ground unconscious.
He also related being beaten about the body, adding that he regained consciousness in the hospital.
Asked by Prosecutor Lisa Cave whether he had any problems with the defendants before that day, or whether he had ever threatened to do them anything, the complainant answered in the negative.
He said that he had some cash in his pocket and there was an argument between himself and one of the brothers. He said that Small then confronted him to “clarify the story” and it was at that point that he was beaten.
His response was the same when asked if he was armed with anything at the time.
“They just like pick trouble and bully people in the area,” the man declared.
Under cross-examination by defence attorney Michael Somersall, Hussein, whom his mother and the prosecution said had been taking medication because of the injury he had sustained in the attack, seemed unable to tell counsel whether he had been hit while standing in or out of his yard.
When pressed, the witness told the court that he needed his medication in order to be able to properly answer the questions asked. Pointing to a sizeable indentation to the side of his head, where he said he had been hit, Hussain said that he has been taking medication ever since.
Currently imprisoned for an unrelated charge, he said he had not taken any of his medication before attending court on Friday since what he had at the prisons was finished.
His mother, who was seated in the public gallery, reported when enquired about by the court, that she had none in her possession for him either. She said it was left at their home in Diamond.
It was at this point that Justice Sandil Kissoon stood the matter down to 1:00 pm on Friday afternoon to facilitate the man being administered the necessary medication.
When the case continued, Hussein reported that he had been given his medication and was in a much better position to answer the questions.
He then made it clear that he had been out of his yard when he was hit.
Quizzed about the injury, the man said that the indentation was a result of both the hit he had sustained, as well as surgery he had undergone.
He refuted counsel’s claims of being under the influence of either alcohol or drugs or that he was armed with a gun at the time of the incident.
When asked, he said he had no recollection of saying to Joseph that he was not afraid of him, nor that he (Joseph) could not do him anything.
He also said that he was unaware of some seven reports which Somersall said his clients had against him at the Grove Police Station.
Dr. Dwayne Kellman, who also testified at Friday’s hearing, said that the injury listed on the medical certificate tendered in favour of Hussein, was life threatening.
After the complainant’s testimony, the state closed its case.
The matter continues today when both sides will present closing addresses to the jury.
Once this is done, the judge will sum up the matter to the jury which will then retire to deliberate on a verdict.
