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Accused kicked murder victim while he was down, witnesses tell trial

The two men accused of the Ice Queen murder kicked victim Tekle Mallory while he lay motionless on the ground, court heard yesterday.

Witness Che` Michael Scott told how he saw Quincy Stanley (Jimbo) Brangman, 23, and his cousin Jahni Everett Bean, 19, kick Mr. Mallory about his body during a brawl at the take-away restaurant in July of 2001.

He said he saw Bean holding the 22-year-old from behind, and then throwing him to the ground, before both he and Brangman set about kicking him.

Mr. Scott said he was eating his food in the early hours when he heard a commotion coming from behind some bushes in the car park.

He said there was a huge commotion and a crowd, of up to 100 people, gathered around as the fight continued in front of the cash machine in the car park.

He said he remained sitting in another area of the car park, away from the trouble.

"Then about two minutes later, I heard a girl scream 'let him go, let him go'," said Mr. Scott.

"I saw Jahni holding Tekle. He was holding him from behind. He (Tekle) looked as though he was trying to get loose. I noticed that the front of Tekle's shirt was bloody and that Tekle was helpless.

"He was not standing up on his own. I then saw Jahni throw him to the ground. Tekle did not get up. I saw Jahni kick him - in the stomach area."

Mr. Scott, of North Shore, Hamilton Parish, said he also saw Brangman kick Mr. Mallory as he lay on the ground.

He said when Mr. Mallory initially fell to the ground, he was face down, however, he was kicked onto his back during the ordeal.

The witness said he then saw that Mr. Mallory's guts were hanging outside of his stomach.

Mr. Mallory died soon after the incident of massive internal injuries, caused by a stab wound to the abdomen that pierced several loops of bowel, nearly completely severing his left, common iliac artery and denting his back bone.

Brangman and Bean have been charged with his murder. However, Brangman is also charged with wounding Lemuel Weeks, with intent to do grievous bodily harm, and possession of an offensive weapon - a knife - on that same date, July 21, 2001.

Both men deny the charges.

The prosecution has alleged that Brangman stabbed Mr. Mallory while Bean held onto his upper body from behind.

However, Bean's defence counsel has claimed that Bean was merely trying to pull Mr. Mallory backwards, away from the fight.

The trial, which began a week ago, has so far heard a number of very different accounts of what happened during the incident.

Mr. Weeks claimed that he was fighting with Brangman, and was stabbed in the back, and that Mr. Mallory had simply asked Brangman 'what's the problem'.

He alleged that he then saw Brangman's right arm extend to Mr. Mallory's stomach.

Witness Sasha Richardson said she saw Mr. Mallory try to break up the fight between his friend Mr. Weeks and Brangman, but then saw Brangman pull a knife from the left side of his body and then run at Mr. Mallory.

She said the murder victim then fell to the ground and Jahni began kicking him.

Neither Mr. Weeks or Ms Richardson, however, said they saw a knife in Brangman's hand at the moment he went towards Mr. Mallory.

However, two of Bean's friends, Steven Lightbourne and Shaundae Jones, told how they did not see anyone stabbing Mr. Mallory, but said they saw Bean holding on to him and stepping backwards, away from the crowd.

They both said they saw Bean looking shocked as he looked at the blood on Mr. Mallory's shirt, before he dropped him and ran off.

The court heard that Bean later went to Mr. Jones' house, where he told his friends that he had just been trying to break up the fight.

Bean is then said to have said he was going to the Police station with his father to explain what had happened.

However, yesterday, Teresa Burrows, of Somerset, told the court that she was in her friend's car in the parking lot of Ice Queen when she saw a commotion near to the cash machine.

She said she saw a man lying on the ground in a pool of blood, and she and her friends decided to leave in the car.

"When we were leaving, Jahni got in the back," Ms Burrows told the eight woman, four man jury.

"He just got in the back of the car - he was anxious to go. The car was moving, driving up towards the entrance and the door just came open and Jahni entered."

Ms Burrows, who said she knew Bean, said one of her friends asked him what he was doing, and he simply said 'take me home'.

The friends dropped Bean off at home in Warwick, she said.

The case continues before Assistant Justice Archibald Warner.

Director of Public Prosecutions Khamisi Tokunbo is leading the prosecution, Peter Thornton QC is leading the defence on behalf of Brangman, and Frank Phipp QC is leading the defence for Bean.