A MAN who knocked his brother out twice during a fight in broad daylight – including kicking his head ‘like a football’ – has been convicted of grave and criminal assault.
Jake Marley Robertson (25) claimed he acted in self defence-during the incident, which took place in Bonne Nuit Bay on 31 July last year, but a jury returned a unanimous guilty verdict yesterday following a three-day trial.
During the course of the trial, the jury heard that Robertson’s brother suggested they go paddle-boarding on the afternoon in question, but that when he arrived his sibling was drunk.
The pair eventually got into an argument that escalated into a physical fight, during which Robertson kicked his brother in the head and later dropped him on the floor – causing him to lose consciousness both times.
Both men were charged with grave and criminal assault against each other. Robertson’s brother pleaded guilty to the offence and was sentenced in June, but Robertson – who admitted that things had ‘got out of hand’ – claimed he was acting in self-defence.
On the opening day of the trial, Crown Advocate Matthew Maletroit, prosecuting, said Mr Robertson’s actions amounted to ‘senseless violence’.
He pointed out that self-defence was permitted if it amounted to no more than ‘reasonable force’.
But he said: ‘Self-defence is a matter of common sense. This went beyond what could be considered reasonable self-defence.
‘It was not reasonable, it was not necessary, and therefore it cannot have been lawful.’
The jury returned their guilty verdict after deliberating for around four hours.
Addressing Robertson after the verdict was read, Deputy Bailiff Robert MacRae, presiding, said: ‘This was a serious assault in broad daylight in which you knocked your brother unconscious on two occasions.’
Advocate Mark Boothman, defending, urged the court to allow Robertson to continue on bail until his sentencing – contending that the circumstances of the incident were ‘somewhat entirely unique’.
Robertson was remanded in custody until his scheduled appearance before the Inferior Number of the Royal Court on 18 November.
