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Perry: Expert's evidence was 'useless'

Murdered in 2005: Jahmal and Jahmil Cooper

The Court of Appeal was yesterday urged to quash the conviction of the man thought to have provided support in the 2005 brutal murders of the Cooper twins.

Barrister John Perry QC, representing Dennis Robinson, who is alleged to have guarded the door while his friend Kenneth Burgess, clubbed the men to death, called evidence used in the trial "useless."

On Monday, Courtenay Griffiths QC, representing Burgess, presented what both lawyers claimed was fresh evidence that cast doubt on the credibility of a key witness in the murder trial.

An application by the defence, seeking to introduce the new evidence was earlier refused. However, the Court of Appeal has not rejected Burgess' appeal of his conviction, as a headline in yesterday's newspaper incorrectly stated.

Burgess and Robinson were jailed in February last year for the revenge attack in which the 20-year-old twins were beaten then bludgeon to death.

Yesterday's hearing saw Mr. Perry engage in lengthy legal arguments, in which he attempted to poke holes in the Crown's prosecution of Robinson.

"This is not a rope type of case," Mr. Perry stated. "This is a chain type of case."

He alleges the trial judge had made "prejudicial statements" about evidence in the presence of the jury.

"A trial judge's function goes beyond just picking up a theory." While referencing photos shown to the jury, of supposedly Jahmal Cooper's blood found in Robinson's van, a wide net of suspicion was cast.

Mr. Perry questioned: "Isn't it strange one might ask that if the bodies were transported (in the van) we might only have one smear of blood from one body, not bodies.

"I find it strange that you only find one smear (on the door of the van), none on the floor or anywhere else."

Then there were the Butterfield Bank ATM CCTV images, which showed a white van, thought to be Robinson's, heading east past the Four Star Pizza store in Flatts during the early hours of the morning.

The Crown alleges that it was Robinson who was driving his van to Abbott's Cliff in Hamilton Parish, where he and Burgess dumped the twins' bodies.

However, Mr. Perry, referring to transcript testimony of the trial, criticised the evidence of the US Secret Service agent who analysed the CCTV footage and made frame prints for jurors.

Agent Danielle Livindi testified he had "enhanced" the frames using computer software, by "enlarging" selected frames.

When asked if he could identify the make, model, or driver of the white van seen in the images, the agent admitted he could not.

Mr. Perry suggested the trial judge should have thrown out his evidence.

"His evidence was useless, simply useless," Mr. Perry contended, while pointing out that Bermuda has more than 165 registered white vans.

Furthermore, just because a white van matching that of Robinson's was seen heading east through Flatts, did not prove that it was Robinson's, he emphasised.

And merely taking that route heading east past the Four Star Pizza, did not prove that a driver was headed for Abbot's Cliff, as there were other roads one could take, such as Middle Road to go elsewhere, he added.

"The impact in this small jurisdiction was enormous and any evidence a van was used to transport and dump the bodies was prejudicial," Mr. Perry concluded, in a heated speech before the three judges.

"There was no suggestion of a prior plan, no evidence supporting any contention that Robinson suggested or planned the journey to Crown Hill Lane (alleged murder location), none that Robinson did or said anything that was aiding.

"There was no reliable evidence showing Robinson's involvement after the twins' death.

"The comparison of blood in the van, CCTV photos, is all suspect and not a reasonable basis that a reasonably jury can conclude a conviction."

Burgess is said to have attacked the twins in revenge for them allegedly robbing his father.

The ferocity of the beating on March 13, 2005, ended their lives within minutes and sent blood spraying across the walls of Burgess' apartment in Crown Hill Lane, Devonshire.

Mr. Griffiths claimed the evidence of witness Devario Whitter during the four-week trial was unreliable because he had allegedly made an agreement with Police to fabricate evidence in order to assist his cousin Steven Evans.

The appeal continues.