Court rejects appeal bid for near fatal beating

The Court of Appeal upheld the attempted murder conviction of a man responsible for a near fatal beating.

Aaron Lindsay is serving a 30 year prison sentence for the 2008 attempted murder of Jerome Smith.

A jury convicted Lindsay in 2017.

In a decision last week, the court refused his appeal out of time application because it had no prospect of success.

According to the evidence, Mr Smith was walking on Victoria Boulevard with his godsister, Danesha Bain, when Lindsay emerged from a yard and started arguing with her.

Smith intervened and pushed Lindsay when he grabbed Ms Bain’s hand.

As a result, Lindsay started cursing Mr Smith. Nevertheless, he and Ms Bain continued towards their destination.

Mr Smith said Lindsay knocked him to the ground with a bicycle.

Lindsay beat Mr Smith with a block in his head as he lay on the ground. When Mr Smith tried to get up, Lindsay picked up the bicycle and slammed it on him. Then, he sat on Mr Smith and hit him in the head with stones until he passed out.

Mr Smith remained in hospital for one year and six months.  As a result of the attack, Mr Smith walks with a limp and has weakness on the left side of his body.

At trial, Lindsay admitted hitting Mr Smith. However, he claimed Mr Smith was the aggressor.

Lindsay said Mr Smith came to his home accusing him of making threats. Lindsay said he told Mr Smith to leave. That’s when Mr Smith allegedly threatened to return with a gun and shoot up his house.

Lindsay said he shoved Mr Smith when he reached for a knife. He said they exchanged blows. Then Mr Smith ran across the street and threw a rock that hit his hand.

In retaliation, Lindsay said threw a stone that hit Mr Smith in the head.