for his life when he was attacked in the Spinning Wheel night club.

Crown Counsel Ms Charlene Scott cross examined Charles Roger Richardson, 24, yesterday and asked him why he would be afraid of his attackers taking a plastic cap gun away from him.

Richardson said the cap gun was his last means of escape and that his attackers were going to kill him.

Ms Scott asked how could the attackers kill him with a cap gun to which Richardson replied: "I never said they would kill me with a cap gun''.

Richardson of Harrington Sound Road, Smith's Parish, denies attempted murder, wounding with intent, unlawful wounding, using a firearm and possession of a prohibited weapon on October 29 last year.

Ian Jason Simmons was shot four times while at the night club and was in intensive care in King Edward VII Memorial Hospital for ten days. Another bullet hit Jermaine Lovell in the hand.

Richardson had told the court previously that he was confronted by Simmons and had pulled the gun out to scare him. As he pulled it out he was grabbed from behind and during the struggle it was taken from him.

Ms Scott asked Richardson why he had never used the words "imitation firearm or cap gun'' when describing the gun in Police statements if that was the case.

Richardson said he had not written the statements but Ms Scott pointed out that he could have added, altered or changed it when he read through it before signing it.

Richardson replied that he did not do that at the time because he was frightened and wanted to sign the statements and go home.

And he said the incident was an accident which was not supposed to happen.

Ms Cross asked if he meant it was an accident because the cap gun had gone off or because he had a real firearm and people had been shot.

Richardson replied that it was an accident in the sense that he "was in the wrong place at the wrong time''.

Defence lawyer Mr. Mark Pettingill called pathologist Dr. John Winwick who told the court that according to the bullet wounds Simmons had possibly been shot from the rear.

Another witness, Reserve Constable Dennis Rodrigues, said he had responded to Court Street on October 30 and had chased a man whom bystanders said had a gun. But he could not confirm that under Ms Scott's cross examination.

The trial continues today before Puisne Judge the Hon. Justice Meerabux.