Mustafa Claxton (left) and Charles Plaza are charged with committing assault occasioning actual bodily harm against Kevon Baronville. Photo: VINO/File

He was at the time making a ruling on whether the court will proceed with a trial against accused men, Mustafa Claxton and Charles Plaza who are charged with committing assault occasioning actual bodily harm against Kevon Baronville. The men are represented by attorney Stephen R. Daniels.

According to Magistrate John, “The VC should never have been subjected to the rigours of a Police interview.”

Previously, Forensic Psychiatrist Dr Jardine Davis Turno, a mental health psychiatrist, testified that he had seen the VC, Kevon Baronville on separate occasions regarding his illness and assessed that he was not competent enough to give evidence at trial.

Baronville was diagnosed as having a disorder known as psychosis which makes persons lose touch with reality and also manifests itself through hallucinations, delusions, disorganised speech, disorganised behaviour and interferes with a person’s overall functioning, Dr Turno testified.

Magistrate John explained that his ruling does not mean that there can be no trial. Instead, he stated that under the circumstances Baronville cannot be called to give testimony and his statement issued to Police cannot be used during the trial.

Crown Counsel Herbert Potter said other witnesses are expected to give testimony in the trial, including Police Officers and eyewitnesses to the alleged incident.

According to the allegations, the VC was living with his mom, stepfather (Charles) and Plaza along with other siblings at the time of the incident in Free Bottom. Claxton was also reportedly a resident of the Free Bottom area and lived in close proximity to the VC.

It was alleged that Plaza went home on December 2, 2012 and met the VC on the porch when he reportedly enquired of the whereabouts of a samurai sword and the VC indicated to him that he did not know the whereabouts of the sword. The defendant then allegedly punched the VC with his fist under his chin and caused injury to his tongue, which started to bleed.

The VC then reportedly left for Brewley’s Superette and was approached by Plaza and Claxton; Claxton then allegedly struck him with a piece of stick about his body.

The Police visited the area and reportedly saw the VC with blood on his nose, bruises on his arms and back after which he was transported to Peebles Hospital where he reportedly received medical attention.

Police later met with Plaza and he reportedly denied the charge. They later encountered Claxton and he allegedly admitted to hitting the VC with a stick.

Claxton was given $45,000 bail while Plaza was given $50,000 bail; both with one signed surety.

The trial is expected to continue on June 3, 2014.