Hamilton 2005 Wounding Incident ….Witnesses Testify
By Pauline Waruguru
Nevis Reporter-SKNVibes.com
Charlestown, Nevis (November 12, 2007): Kimoy Huggins of Hamilton Estate, Nevis who is blind in one eye and also lost his sense of smell allegedly after a fighting incident on August 25, 2005 in Hamilton Estate, testified in the High Court today before Justice Ianthea Leigertwood-Octave.
Kimoy, wearing dark glasses, a white shirt, jeans, light brown shoes and holding a cap on his hand was the first prosecution witness in a case where Lawton Forbes, a resident of Hamilton Estate is accused of wounding him. Forbes has pleaded not guilty… He is represented by Chesley Hamilton. Simone Bullen is appearing for the Prosecution.
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Kimoy Huggins
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Lawton Forbes
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He and other witnesses also testified before a twelve-member Jury lead by Rolston David. Forbes chose to remain silent after consulting with his attorney.
In his testimony, Kimoy told Her Ladyship that since his alleged attack, he has been to three hospitals and has undergone several operations. He stayed in Alexandra Hospital for four days, in Trinidad two months and nine days and in Cuba five and a half months.
Dr Robert George, a consultant Surgeon at the Alexandra Hospital, who treated Kimoy on the night he was allegedly attacked, gave an account of the sequence of Kimoy’s treatment.
Dr George told Her Ladyship that at midnight on the night in question he confirmed through medical x-rays that Kimoy had been injured on the left side of his head but the damage was on the right side. He was also unable to see out of both eyes. He was also bleeding from the nose.
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| Joel Caines,Police Officer who investigated the Hamilton fighting incident |
Cheslie Hamilton who is representing Lawton Forbes |
Dr George described the resulting condition after the alleged attack as “a strange presentation” necessitating further medical information, Dr George said in his testimony. A collective decision was made at the hospital that Kimoy be flown to Antigua for further examination.
According to Dr George, the CAT scan and MRI carried out in Antigua, showed that Kimoy had a fracture to the anterior base of his head. “Even though he was hit on the left side, the damage was on the right. The bone broke on the left side but a splinter injured the right side.”
~~Adz:Left~~ When asked by Hamilton to describe the degree of force applied, Dr George said: “A degree of force was applied. It had to be massive force. “ Dr George also said the blood coming out of the nose was mixed with spinal fluid that leaked to the nose.
After the tests, Kimoy went to Trinidad and had an operation. According to Dr George further treatment was required and from Trinidad Kimoy went to Cuba. On arrival from Cuba, Dr George told the court, Kimoy could see clearly from one eye.
Hamilton also asked whether at any stage of treatment he had checked Kimoy’s loss of sense of smell, Dr George said Kimoy was in an acute condition when he got to Alexandra hospital and the priority was to attend to the emergencies. However, said Dr George, when Kimoy returned from Cuba, he could not smell, “he may recover, he may not.
Earlier when the trial opened in the morning, Kimoy gave his account of the night in question, August 25, 2005. Kimoy has known Forbes since his childhood. On the night in question, Forbes and friends were at “Joyce’s” landing upstairs at 10.00 p.m “free-styling.” Forbes joined them and after a while, started enquiring about the whereabouts of his knife. An argument ensued between Forbes and Kimoy.
The two young men went into the road. According to Kimoy, the argument ended in a fight. Forbes flung a bottle to him and the bottle broke into pieces. Kimoy said Forbes left the vicinity. Later, Kimoy walked to Kimoy’s residence’s gate. Forbe’s father allegedly walked towards him and held him. A couple of minutes later, Forbes came out of the house with a pipe on his hand.
As Lawford held Kimoy, the accused allegedly hit him on the left side of his face with a pipe. He testified that his face burst. He fell down and he could not see. He was later taken to the hospital.
He recalls that he began to see with one eye on the 9th day.
During cross-examination Hamilton established from Kimoy whether he had been drinking alcohol on the night in question. Kimoy admitted he had four beers. He denied hitting Forbes with a bottle. Hamilton put it to him that both had bottles in their hands.
Hamilton:
“Mr Lawford Forbes was trying to hold you but you were insisting you are not taking it and went after Lawton again….that night in question, you were intoxicated and out of control. No one could stop you that evening. You were swearing.”
Kimoy
No.
The foreman asked:
You said the accused’s father was holding you, was the accused there when he was holding you? Father of the accused told you to behave yourself, did the father say anything to the accused.
Kimoy:
After he hit me.
The second prosecution witness was Javed Powell who was part of the group that was at Joyce’s on the night in question. He said when Forbes came upstairs; he started accusing Kimoy of having his knife. Both started arguing and calling each other’s names. When the shouting increased, Joyce came out and asked the group to leave. Powell left.
“I went downstairs. Lawton was standing on the road, he and Kimoy were still arguing. I asked him (Kimoy) to stop arguing. …Lawton again asked for the knife. Kimoy told him, ‘if you feel I have a knife, come take the knife. Soon after, they started fighting. Lawton held on to Kimoy’s face with his hand. Lawton threw a bottle. Each of them had a bottle. I was trying to stop them. I was clearing the broken bottles. Kimoy told me Lawton burst his head and he could not take it. I saw him walking towards Kimoy’s house.”
“Kimoy was coming towards Lawton’s house. Parents were saying, ‘all of you cool out’. Lawton was coming out of the house as Forbes’s father held him. I was telling Lawford to lose Kimoy and hold Lawton. While he was holding Kimoy, Lawton was holding something in his hand. While Lawford was holding Kimoy, Lawton hit Kimoy.
Powell told the court Kimoy had blood on his white shirt. “I took my shirt and put it on his forehead.” Powell recalled that an ambulance was called but said soon after a church bus came and took him to hospital.
~~Adz:Right~~ Dwayne Freeman of Rawlins Village, Gingerland, Nevis was in a cell at the Charlestown Police station on the night when Forbes was arrested. “Lawton came and met me there. He told me he had lashed Kimoy in the head with a wire. He said Kimoy fell down and he and his father took him to hospital and the police had come and arrested him.”
Joel Caines the Police Officer who investigated the case first saw the accused at the Alexandra Hospital. Dr George was treating Kimoy. The Officer informed Forbes he was investigating an incident where he (Forbes) had struck Kimoy with a pipe.
Forbes did not answer any questions asked by the Police Officer. When Forbe’s mother, Hyacinth gave her testimony, she admitted telling her son not to answer any questions the Police Officer might ask him. He arrested Forbes. He noted that Forbes had a minor injury on his head. He gave him a medical form, which Caines said Forbes did not take back to the police station. The next day, Caines spoke to Kimoy at the hospital.
The Officer also spoke to Lawford who said he would seek legal advice before he made a statement. Lawford, said Caines, had not made a statement to date. Caines also visited the scene of the fighting incident and recorded there was blood.
In her testimony, Lawton’s mother, Hyacinth a baby sitter at the Four Seasons Resort saw Kimoy coming into the family yard with something in his hand. “Kimoy held a bottle and was saying, ‘I cannot take it’. Kimoy started to hit him (her son) with the bottle. My husband was coming down the step. My husband held him saying, ‘behave yourself, behave yourself’. Lawton was on the opposite side.”
According to Forbe’s mother, Kimoy got away and into Lawton’s direction and Lawton picked something and hit Kimoy once. “After Lawton hit Kimoy, he started to cry. He said, ‘Oh Lord and asked for help.’ We helped by taking him (Kimoy) to the hospital. She said she had fainted at the hospital.
During the cross-examination, Simone Bullen who is appearing for the prosecution asked Hyacinth why she had fainted. This was Hyacinth response: “We are very close. Kimoy, his mother….”
Bullen:
I am putting it to you that your evidence is not truthful. You are here to assist your son. On the night in question, Kimoy was not in your yard. He did not run after your son with a bottle on the night in question. While your husband was holding Kimoy, Lawton lashed out at Kimoy. ..Kimoy, was not in a position to do anything.
Mother:
True
Bullen:
The sole reason of your being here is to assist your son.
The hearing continues.
