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Vigilante justice?

Senor Crown counsel Paula Tyndale

Kenneth Burgess? brutal baseball bat attack on the Cooper twins was ?vigilante justice?, a court heard yesterday.

Burgess thought the brothers were part of the gang who robbed his father two years? earlier, Senior Crown counsel Paula Tyndale told the jury.

The murder trial has already heard a metal baseball bat was recovered from the scene of that robbery in June 2003.

And Ms Tyndale suggested this was the motive for Burgess assaulting the twins with an aluminium baseball bat at Crown Hill Lane on March 13 last year. Witnesses said the defendant accused the twins of robbing his father as violence escalated.

She added that co-accused Dennis Alma Robinson helped Burgess by standing by the door and taking away witnesses who saw an attack that left blood on two walls of Burgess? ground floor flat in Devonshire.

In her closing speech to the jury, the prosecutor said Burgess? counsel was asking the jury to believe that, because the lock on the front door was not working properly, unknown people had entered the apartment, left the twins seriously injured and had then tried to frame Burgess.

Detectives discovered wet walls, water on the floor and no obvious signs of blood in the flat 24 hours after witnesses reported seeing them dry, and Ms Tyndale said there was evidence blood had been cleaned from the walls.

She added: ?If I?m trying to frame him... why would I clean it up? Would not the incriminating evidence be more potent if it was left there??

She said the reason that Burgess would launch the attack in his apartment might have been down to ?arrogance? or a ?moment of stupidity?.

He may have done it because he wanted a level of control during the clean-up, she added.

Countering claims that Burgess would not have had time to clean up the flat, she said he had until 10 p.m. on the day of the attack, before he went to Hamilton Police Station to make a witness statement.

She said the aim was to remove all the evidence, but Police forensic officers had still managed to get tiny swabs of blood from a window, ladders and bathroom tile inside the flat, and from outside the door. DNA tests later showed they were Jahmal?s blood and Ms Tyndale said the only inference the jury could draw was that Jahmal bled inside the room.

Ms Tyndale said she did not know if Burgess took the bodies to Abbot?s Cliff, but she said he would not have wanted to have kept the bodies in the Crown Hill Lane apartment.

Earlier, the prosecutor scotched suggestions that the allegations against Burgess were part of a ?grand conspiracy? between the two eyewitnesses, Police and forensic experts. And she rejected doubts raised by the defence about the reliability of eyewitnesses Gladwyn Cann and Devario Whitter, neither of whom she said had a personal vendetta against Burgess.

She told the jury that Mr. Whitter?s account of blows Burgess inflicted on the twins backed up the forensic evidence on the brothers? remains given by a pathologist and bone expert.

Commenting on variations the defence highlighted in Mr. Cann?s and Mr. Whitter?s evidence, Ms Tyndale said when two people viewed an event they would not always say they saw exactly the same thing.

She said if Mr. Cann was such a ?terrible liar?, as Burgess? defence team claim, he could have gone to the Police and said Burgess killed the twins. Instead, she added, he told them about what he saw before Burgess told him to leave the flat.

Ms Tyndale said that even if the Prosecution accepted Mr. Whitter had ?character issues? his evidence was still important. She said there was no suggestion of ill feeling between him and Burgess and she asked why he would make up the assault allegations.

And she said Mr. Whitter?s account of Burgess raining blows down on Jahmal with a bat were backed up by the pathologist report into his injuries. Pathologist Dr. Valerie Rao told the court they were caused by tremendous force from a hard, blunt object.

DNA tests showed tiny specks of Jahmal?s blood were found on Burgess? watch and Ms Tyndale said these got there as a result of the baseball bat attack. Burgess has suggested the blood got on the watch during an earlier altercation with one of the twins at his Elliott Street gambling den.

Burgess also claimed a Fubu sports shirt, found in the apartment above where the alleged assault took place, was ?planted?. A blood stain on it matched Jahmal?s DNA, and Burgess? DNA matched a wearer profile. Burgess said he had probably given it away, but Ms Tyndale said if this was the case, how would Police have located it.

She also asked why they did not investigate the person who had it, and called on the jury to reject this ?incredible possibility? and maintained this was ?potent? evidence against Burgess. ?Forensic evidence very rarely lies,? she told the jury.

Earlier, she called on the jury to ask what Burgess? intentions were at Crown Hill Lane on March 13 last year.

And she said Robinson acted as an ?enabler?, in effect helping Burgess carry out the violence. She said while Burgess carried out the acts of violence alone, the door at Crown Hill Lane could not have remained closed on its own and Robinson was the one who held it during the attack.

?If Mr. Robinson is undertaking that task, you have to ask yourself, why is he helping Mr. Burgess,? she added, stating that Robinson would have known what was happening when the baseball bat started to be used. Based on the forensic evidence, the prosecutor said anyone watching would have known Burgess? intentions. and that the minimum he intended was to cause serious injury.

The Prosecution?s final speech is due to conclude today as the trial continues.

Burgess, 34, and Robinson, 34, both deny murdering the Cooper twins.