A vulnerable man sustained a broken jaw and damaged teeth following a assault near an Oxford kebab establishment on New Year’s Day.
Arber Spata and Orgito Shahini are accused of assaulting Wesley Rangel Da Silva outside Cafe Baba and Bodrum on Cowley Road, Oxford.
This occurred following a confrontation between two male groups, a jury was told.
Prosecution counsel Andrew Jordan presented the case to the jury on July 7.
He stated that an altercation developed between two groups of young men outside the Bodrum kebab establishment.
Cafe Baba (Image: Contributed)
The dispute turned violent. The prosecution alleges that the two accused were among the group of young men involved.
Mr Jordan informed the jury that Mr Da Silva had been sitting with a companion outside the kebab establishment in a vehicle during the early hours of New Year’s Day.
They entered the adjacent Cafe Baba for some refreshments before obtaining food at approximately 4:35am.
Mr Jordan stated that they were set upon by a group of young men, including these two defendants.
Mr Spata was carrying a bottle, though he appears to have discarded it. He subsequently leaned over Mr Da Silva and struck him with fists and feet.
A young man identified as Mr Shahini removed his belt and also struck Mr Da Silva while he was on the ground.
The jury heard that Mr Da Silva sustained jaw fractures and broken teeth from the assault.
Employees from the kebab shop intervened and the assailants departed in the direction of Oxford city centre.
Spata, aged 22 and residing on Cowley Road, Oxford, and Shahini, aged 19 and residing on Cardwell Crescent, Headington, have both entered not guilty pleas to charges of causing grievous bodily harm with intent, and a secondary charge of causing grievous bodily harm without intent.
Following the assault, they were apprehended and questioned. Both individuals declined to answer police enquiries.
Shahini submitted a defence statement denying any participation in the assault.
The jury also heard that Mr Da Silva was not supportive of the prosecution case and would not be testifying.
Mr Jordan stated that Mr Shahini denies being the individual they allege. He claims to have witnessed the assault but not participated in it.
The jury was subsequently shown CCTV footage displaying approximately 10 individuals gathered in the street.
The prosecution indicated the man alleged to be Spata and the individual claimed to be Shahini was dressed in a black padded jacket with the hood raised.
The assault was visible at the roadside, with Mr Da Silva being struck while on the ground.
The barrister further stated that the case rests with the prosecution to establish guilt. The jury may convict if satisfied of guilt. If not satisfied, they must return not guilty verdicts.
Shahini has been granted bail while Spata remains in custody pending trial.
The trial is ongoing.
