BASSETERRE, St. Kitts - KASSIM BUCHANAN received a 10-2 guilty verdict yesterday (Oct. 3), after being retried for wounding with intent and unlawful wounding.
Buchanan was charged with the November, 14, 2009 beating of Leroy Viera of Mount Idle, Sandy Point sometime after 5:00 p.m. on Station Street, Sandy Point.
Buchanan's retrial began Tuesday (Oct. 2) with Dennis Merchant leading the prosecution while the accused was self-represented.
The prosecution called five witnesses to the stand including Viera, Dr. Cameron Wilkinson and the investigating officer in the matter.
Viera testified that at about 5:00 p.m. on the date in question, he was walking down Station Street in Sandy Point after speaking with a then restaurant owner, Claudette Hodge, when he was hit on the shoulder from behind.
He said upon turning around he saw that the person attacking him was in fact Buchanan, and both started "rambling". He said that while they were rambling, Kassim's brother, Chadin Buchanan came and joined the fight.
Viera stated that Chadin held him down while Kassim stomped in his face with his boots, an assault which lasted some 10 to 15 minutes, before they made their escape leaving him on the ground.
Viera further stated that when he caught himself he went to Hodge's house for assistance before going to the Pogson Medical Centre where his lip was stitched and he was sent to the JNF Hospital.
He said that he was x-rayed and admitted for a few days, and that he had headaches for a month.
Hodge and another Sandy Point resident, Owen Bergan also testified to witnessing Kassim, with the assistance of his brother, beat Viera for some time before running away.
They both said they saw Chadin holding Viera on the ground while Kassim kicked and stomped Viera in his face.
Hodge said when she saw Viera, his face was "mashed up". She said Viera's lip was split and he had blood gushing from his over his eyes.
Dr. Cameron Wilkinson testified that he saw Viera in the Emergency Room of the JNF Hospital on the night of November, 14. 2009, when he stated that he was physically assaulted. Wilkinson said he had swelling around his eyes, nose, and the left side of his face.
The Doctor said Viera was given an x-ray which revealed that he had a fractured nose, noting that his injuries were serious but not life-threatening. He testified that Viera was admitted to the Surgical Ward for some four days.
The investigating Officer testified that she went to the Pogson Medical Centre after receiving a report made at the Sandy Point Police Station where she met Viera and saw what looked like blood coming from his nose, ears, and mouth.
She stated that as a result of what Viera told her she journeyed to the JNF Hospital where she again met Viera and issued him with a Medical Form.
She said that she continued her investigations which lead to the arrest of Kassim on November, 17, 2009.
At cross examination, Kassim vigorously questioned the investigating officer about "a pink paper", the Medical Form which he stated was very important to his case.
The officer was asked by the jury Foreman if Kassim was the only person arrested for the offence and was told that his brother Chadin was also arrested.
After the prosecution rested its case, Buchanan took the stand in an effort to prove his innocence, claiming that he did not beat Viera.
He claimed he was attacked by Viera with a machete three days before the date in question, and that on the afternoon of the said date, it was his brother who was fighting with Viera, noting that he had no involvement in the matter other than to call his brother away from the fight.
Buchanan called no witnesses to give evidence on his behalf but strongly maintained his innocence.
Following the closing arguments of both the prosecution and defence, resident Judge Justice Errol Thomas gave the summation of the case and the jury retired for deliberation which took about two hours.
Buchanan had already had his case tried in the January 2012 Criminal Assizes which ended in an eight-four hung jury. The case was therefore traversed to the sitting of the following Assizes.
Originally, brothers Kassim and Chaddin Buchanan were jointly charged with the wounding with intent and unlawful wounding of Viera and they both pleaded not guilty, but moments before the first trial began on January 24, 2012, Chaddin pleaded guilty to unlawful wounding.
