Verdict expected in Benjamin trial
trial.
The Crown and defence the made their respective submissions to the jury yesterday.
After Puisne Judge the Hon. Mr. Justice Ground makes his final statements this morning, the jury will retire to consider its verdict.
Benjamin, of Lusher Hill, Warwick, is charged with attempting to murder Michael David Robson; wounding him with intent to cause grievous bodily harm; and possessing an offensive weapon.
All three offences are alleged to have occurred during the early hours of July 19, 1993, when Benjamin and his two friends Orien Thomas and Eric MacIntosh, became embroiled in a fight with Craig Tavares, Robson, and Joshua MacGavern at the Ice Queen.
Benjamin is alleged to have plunged a knife with a four-inch blade into Robson's temple so far that it pierced his brain. At issue is whether Benjamin intended to cause Robson's death, or whether he was acting in self defence.
The defence has argued that Benjamin did not start the fight and was instead reacting to a fierce assault that involved helmets.
Benjamin received a cut to his forehead above his left eyebrow, a bruised abdomen, elbow and upper arm in the assault.
But the Crown alleges that initially Robson punched Benjamin twice in the face and he retaliated by thrusting his knife into Robson's temple. The Crown accepts that Benjamin did not strike the first blow, but alleges that MacIntosh directed racial slurs and foul language at Robson, MacGavern and Tavares.
MacIntosh has denied this, although he used some profanity when the cigarettes he ordered took a long time to come.