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Paget man cleared of wounding charge

A man accused of stabbing an acquaintance after a "purchase" turned sour on Ord Road was found not guilty yesterday.

The jury unanimously decided that Chinua Jabari Durham, of Tribe Road #5, Paget was not guilty of wounding Jamel Antoine Simons with the intent to cause him grievous bodily harm. The jury also found him not guilty of a lesser offence, causing grievous bodily harm.

Mr. Durham was accused of stabbing Mr. Simons on June 24, 2004. Both men admitted that they got into an argument outside Mr. Durham's home and that Mr. Simons slapped the defendant.

On Thursday Mr. Durham told the jury that he walked into his home after he was slapped in order to avoid the fight escalating.

Mr. Simons then barged into his home and punched him, the defendant said. Mr. Durham punched the complainant back but was lifted off the ground by the complaint in a "bear hug", he said.

The complainant is approximately a foot taller than Mr. Durham and the defendant said he felt threatened and began "kicking out".

He told the court that they fell to the ground and continued to scuffle. While on the ground Durham said he felt a "sharp object" cut his left hand.

He said he then grabbed the object and began "swinging", adding: "It was me or him".

Mr. Simmons sustained two injuries, which were treated at the King Edward Memorial Hospital.

Defence attorney said that her client had used self defence against a "bully".

"In our law my client is allowed to use assault if he can not otherwise avoid death or grievous bodily harm to himself," she said.

After two hours of deliberations the jury returned and delivered the not guilty verdict. Mr. Durham left Supreme Court smiling.