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Accused said weapon was a `plastic cap gun'

yesterday that the gun he took into the Spinning Wheel night club was merely a plastic cap gun.And he intended to shoot it as a "sign of approval when a song he liked came on'' as many session-goers do.

yesterday that the gun he took into the Spinning Wheel night club was merely a plastic cap gun.

And he intended to shoot it as a "sign of approval when a song he liked came on'' as many session-goers do.

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, who is also known as DeSilva, was shot four times while at the Spinning Wheel night club and was in intensive care in hospital for ten days. Another bullet hit Jermaine Lovell in the hand.

Yesterday Richardson told the court that at about 12.30 p.m. he went to the club with his friend Andre Smith.

"I was carrying a plastic gun on me that night, it fires caps. You see them all the time, it is accustomed that people carry cap guns to sessions as a sign of approval for a song that you hear.

"It was tucked in the waistband of my trousers.'' Richardson added that he later went to the bathroom and met up with Simmons and his friends.

"Simmons confronted me and made it quite clear that he wanted to fight but I told him that I didn't want to fight and attempted to leave. Simmons walked into me and felt the bulge in my clothing and completely freaked out, pulled his clothes out and said he wanted to fight like a man.

"He said that he didn't want to use any weapons. I believe he said that because he thought I had a gun and I didn't tell him differently. He got out of the way and I went back to the bar.'' Richardson also said while at the bar Simmons started making hostile gestures towards him and then an object came flying over the bar at him hitting one of the chandeliers.

"The bartender jumped over the bar and about 10 guys started beating him.

Simmons came towards me and Andre disappeared. I came up with a novel idea that if I pulled the toy gun out it would scare them.

"As I was pulling it out someone grabbed me around the neck and started choking me and someone was pulling on the gun. I refused to let it go being that it was my last means to facilitate an escape. I don't know if the gun fired or not but it did have a fresh set of caps in it.'' Richardson added that he eventually let the gun go and never saw it again. He then saw Simmons laying on the ground.

Last week Simmons told the court that he saw Richardson point a gun at him from across the bar.

He added that he retaliated by throwing an ashtray at Richardson and when he approached him to confront him he was shot four times about the body.

"I didn't know if the gun he was holding had bullets or blanks but I was mad at him for pointing it at me and wanted to hit him,'' Simmons said.

He added: "I do not know how many times I was shot and I do not remember anyone else grabbing the gun from Charles.'' The trial continues on Monday before Puisne Judge the Hon. Justice Meerabux.