who is charged with assaulting Arthur Smith.

Cross, 57, is charged with having an offensive weapon in a public place and committing an assault outside Arnold's supermarket in Somerset on September 18, 1999 at 7.46 a.m.

Magistrates' Court heard that Mr. Smith suffered bruises to his knee, shoulder and wrist and was given a tetanus booster before being discharged from the hospital with soft tissue injuries after the alleged attack.

Arnold's cashier Linda Adams testified that Mr. Smith was being served at the counter when Cross came and stood behind him and started verbally abusing him.

Mr. Smith told Cross to "shut up'' and walked out of the store to his car.

Cross followed him after buying a paper and a bottle of malt.

She said she heard a bottle break and, shortly after, the store manager Alzira Amaral entered the store and said she was going to phone the Police.

Ms Amaral said she heard the crash of a bottle and saw Cross and Mr. Smith exchanging words. She said she then saw Mr. Smith collapse to the ground before Cross kicked him in the ribs two or three times.

When questioned about her statement to Police, the manager recalled that she saw Cross "punch or slap'' Mr. Smith before she went to call Police.

Mr. Smith testified that Cross made derogatory remarks about his wife, to which he responded in kind, and hit him with his bottle of malt and kicked him while on the ground.

Cross denied hitting him with the bottle but admitted to an altercation taking place. He said Mr. Smith was the aggressor after making derogatory remarks about his mother and wife.

Magistrate William Francis adjourned the court to reconvene for judgment on May 22.