Living life without right eye

JEREMY NICHOLAS JOHNSTON was 26 years old when he attended an Old Year’s Night party at Pier I in Chaguaramas on December 31, 2001. There was a fight during which Johnston lost his right eye, he suffered a fracture to eight bones on his face, and he was disfigured for life. Three students were later charged and after the preliminary inquiry on March 21, 2003, they were committed to stand trial. Yesterday, Johann Marin, of Greenhill Village, Diego Martin; Christopher Downes, of Dickson Avenue, Diego Martin; and Seamus Borde, of Stratford Road, Westmoorings, appeared before Justice Anthony Carmona in the Port-of-Spain Second Criminal Court charged with causing grievous bodily harm to Johnston at Chaguaramas on January 1, 2002.

State attorneys Nalini Singh and Shoba Jamunar appeared for the State. A senior legal team represented the three accused: Theodore Guerra SC appeared for Marin; Gilbert Petersen SC for Downes, and Desmond Allum SC and Rajiv Persad for Borde. Even Johnston was represented by Israel Khan SC, who received a fiat from the Director of Public Prosecutions to prosecute at the preliminary inquiry. A nine-member jury was selected. Johnston, now 29, of  Picton Street, Newtown, went into the witness box yesterday and said he was no longer interested in pursuing the matter. Johnston said that due to the passage of time, he wanted to bring this case to a close. He said he had forgiven the three accused and that he wanted to move on with his life.

Johnston said there was civil litigation initiated after the attack. He admitted he was adequately compensated. He did not disclose the amount of the settlement, which was substantial. He pointed out to the court that no one threatened him, no one held out any promises, nor induced him to drop the case against the three accused. Johnston said he lost his right eye during the incident and now he has to live the rest of his life with that. The court heard that Marin and Downes were doing exceedingly well at universities in the United States. Justice Carmona said Johnston’s decision to forgive the three accused showed that he was a child of God. In discharging the accused, the judge told them they were very lucky. He pointed out that if the matter had proceeded, and if they were found guilty, it was likely they would have been sent to jail. He also pointed out that as convicted persons, they would have had their US visas cancelled.

The judge then directed the jury to return a formal verdict of not guilty in favour of the three accused. The court heard that Johnston attended an Old Year’s night party at Pier I. During the early hours of New Year’s Day, he got into a fight with a group of men during which he was struck at the back of his head with a baseball bat. Johnston said he became unconscious and when he awoke he was at the St Clair Medical Centre where he spent four days. He lost his right eye, suffered a fracture to eight bones on his face, and his optical bone on the right side of his face was ruptured. He said he was disfigured for life. At the time of the incident, he was employed with Tattoo Farm. Now, he is unemployed and hoping to open his own Tattoo Farm.