…older sibling claims victim verbally abused, attacked him
The High Court trial of Brian Joseph and his younger brother, Dequan Small is expected to conclude today – days after the duo denied allegations that their actions almost 11 years ago – nearly caused the death of the Virtual Complainant, Shawn Hussain at Diamond, East Bank Demerara.
The State’s case stated that following a confrontation, the then 17-year-old Joseph beat Hussain about the body with a wood on June 24, 2007 with intent to murder him or alternatively, tried to maim, disfigure or cause grievous bodily harm.
His younger sibling, who was 13 at the time, is accused of abetting and procuring his older sibling to commit the offence. The Prosecution on Tuesday stressed that in the presence of other persons, it was Small, who handed a piece of wood to Joseph, to commit the act. However, two men, now in their twenties disputed the case, painting a different picture as to what transpired.
Both gave unsworn statements to the 12-member jury, which meant that they could not be cross-examined by prosecutors or be questioned by the Judge or jury. Small, who stood for just a few minutes, told the court he was nowhere around when the beating took place. He said all he could remember was being home on the day in question when Police arrived in the evening and were looking for his older brother, Brian Joseph.
Meanwhile, Joseph addressed the jury for over 20 minutes, telling members that he was now a father of four children. His account was that as he was passing Hussain, he verbally abused him. He indicated that the victim identified him by race and made certain derogatory remarks, which he expressed in open court.
Joseph earlier explained that the road in the area was under construction and he took a back route where he encountered Hussain. He claimed that after the first confrontation, he was passing again and was holding on to his bicycle when he was attacked. Joseph noted that he was afraid for his life because “Shawn was a big man”.
The accused claimed that Hussain “chucked” him and he fell before he retaliated by assaulted the victim. Joseph did not deny that he assaulted the victim but claimed that the man had a gun in his waist, which fell out after he pushed Hussain to the ground.
“I notice some construction material on the ground and I pick up one and lash he on he hand…he try to pull the wood away from me and I lash he on he knee. He get two lash on he hand,” Joseph admitted.
He added that he saw a light coming, assuming it was the Police and ran away. He was arrested later that night. He said a relative of Hussain claimed his brother gave him the piece of wood.
Justice Sandhill Kissoon is expected to sum up the case before the matter is put to the jury for deliberation. The two men are represented by Michael Somersault while Prosecutors Lisa Cave and Mandell Moore are presenting the State.
