Prisoner denies inventing cell attack
Prisoner Dennis Robinson invented his claim that fellow inmate Kenneth Burgess attacked him in his cell, Burgess' lawyer Elizabeth Christopher alleged.
Ms Christopher went on to claim that rather than Burgess bearing a grudge against Robinson, as he says, it is the other way around.
"I'm going to suggest to you that you have an axe to grind against Kenneth Burgess," Ms Christopher told Robinson, as she cross examined him yesterday at Supreme Court.
"I don't have an axe to grind," Robinson, 38, replied.
During his evidence-in-chief on Tuesday, he told the jury that Burgess, 36, together with co-accused Kamel Trott, 32, ambushed him in his cell and launched a vicious attack that lasted an hour.
After the incident – said to have occurred during a recreation break on June 6, 2007 – Robinson alleged that his attackers pulled a table up outside his cell and sat playing cards. Meanwhile, he was left trapped and badly hurt inside.
A prison guard discovered Robinson when he came to lock up after the break, and he spent three weeks in hospital being treated for injuries including a broken jaw and fractured eye socket.
Robinson and Burgess are in Westgate after being jointly convicted of murdering the twins Jahmal and Jahmil Cooper after a trial in early 2006. According to the prosecution, the alleged prison attack sprang from Burgess blaming Robinson for his incarceration.
Robinson claimed during evidence-in-chief in the current trial that during the attack, Burgess instructed him to write an affidavit exonerating him of blame in the Cooper matter.
He said Burgess threatened harm to his infant daughter if he didn't comply.
Cross-examining Robinson yesterday, Ms Christopher put it to him: "As far as you were concerned, Mr. Burgess had got you in the situation you were in in respect to this other case."
He agreed.
"And I'm going to suggest to you that this upset you – made you unhappy or angry at Mr. Burgess," she continued.
Robinson replied: "Angry? That's a bit strong. Confused, that's another word."
Ms Christopher continued: "I'm going to suggest to you that blaming Mr. Burgess in particular (for the prison incident) was your way at getting back at him."
He responded: "I don't understand. Are you suggesting that someone else did this to me and I decided to blame Mr. Burgess?"–The lawyer replied: "That's one alternative," to which Robinson responded: "That's entirely incorrect. That doesn't even make sense."
He agreed that he did not name Burgess and Trott as his attackers until the day after the incident, when he was being treated in hospital.
"I'm going to suggest that the reason it took you so long to reveal a name is because you wanted to make up a story with respect to how your injuries occurred?" said Ms Christopher. –Robinson denied this, saying he had been in pain and pre-occupied with seeking treatment for his injuries.
He agreed with Ms Christopher in response to additional questions that he had disputes with other Westgate inmates prior to the date in question, that had resulted in physical altercations.
Burgess and Trott deny assault with intent to do grievous bodily harm, and the case continues.
