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Jurors set to decide GBH case today

The fate of a young man accused of attacking a family friend is set to be decided by a jury today.David Trott is said by the Crown to have beaten Ashley Smith about the head with a crash helmet after he failed to pay for $50 of crack cocaine. The defendant claims he was defending himself against an attack by Smith, 45, a ?good friend? he had known since childhood.

The fate of a young man accused of attacking a family friend is set to be decided by a jury today.

David Trott is said by the Crown to have beaten Ashley Smith about the head with a crash helmet after he failed to pay for $50 of crack cocaine. The defendant claims he was defending himself against an attack by Smith, 45, a ?good friend? he had known since childhood.

A doctor at King Edward VII Memorial Hospital treated Mr. Smith for injuries including a dislocated and fractured left ring finger, bruising to his left eye and a laceration to his face after the alleged assault on January 7 last year. Trott, who faces the charge of causing grievous bodily harm with intent, continued in the witness box yesterday morning.

In answer to questions from Crown Counsel Oonagh Vaucrosson he said he was ?hurt? Smith had not repaid the $50, which was a loan. He demonstrated to the jury how he swung his bike helmet in a circular motion at Mr. Smith ?two or three times?. He said this was a manoeuvre to keep Mr. Smith away from him as he had thrown a rock at his head after he requested the money.

Trott, from Broken Hill Lane, Smiths, said he felt sorry after the incident but denied asking Smith, from Dunscombe Road, Warwick, to drop the charges. He also dismissed evidence given by prosecution witness Angela Trott ? at whose Ramgoat Hill, Smiths, property the alleged attack took place ? that he picked up a knife at one stage. Ms Trott told the court last week that the defendant dropped the knife after she reminded him how his aunt, Chena Trott, was stabbed to death at Crawl gas station in 2002. Mr. Trott said yesterday that this was untrue, making it clear he felt emotional and did not wish to speak about his aunt.

Ms Vaucrosson put it to him that he was owed the $50 for crack, which he dismissed as ?false?. In response to a later question from defence lawyer Rick Woolridge he said: ?I do not sell drugs. I would take a lie detector test about that. I lent the money to him (Smith) for the purpose of a financial deal. I needed it back.? Asked by his lawyer what his feelings were at the time of the incident he replied: ?I was scared. Shocked. Wondering what was going on. He?s still my friend today. Nothing will change that.?

Also giving evidence yesterday was Trott?s long-term friend Shakai Darrell, with whom he attended primary school and then CedarBridge Academy. Mr, Darrell, 22, was also at Angela Trott?s home on the night in question. He said he saw the older man throw a rock at his friend?s head and described Mr. Smith as ?real drunk? at the time. He added: ?I was keeping my distance because it weren?t nothing to do with me.?

In his closing speech to the jury, Mr. Woolridge said that evidence from the two Crown witnesses, Angela Trott and Ashley Smith, was conflicting. He added: ?The prosecution case is not only on loose sand, it?s on slipping sand ? quicksand ? because there?s no foundation built on evidence that the supports the contention that this man could be guilty of grievous bodily harm with intent.?

Ms Vaucrosson asked the jury to consider the evidence given by Mr. Darrell that he had not got involved in the incident. ?Is it possible that one good friend would watch another good friend being set upon and do nothing but watch?? she asked. ?If Mr. Darrell felt Mr. Trott was in any danger or someone else was getting the upper hand, then he would have stepped in and assisted. That?s what friends do. There was no need for Mr. Darrell to go to Mr. Trott?s assistance. He was taking good care of himself hitting Mr. Smith with the helmet.?

Trott denies the charge. Puisne Judge Carlisle Greaves is set to sum up the case this morning before sending the jury out to decide upon the verdict.