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Assault trial hears how officers knew cells had been entered

A missing bowl and Walkman first alerted a prison officer that sealed cells were possibly disturbed days after a prisoner was allegedly attacked by other inmates.

The trial of Kenneth Burgess, 36, and Kamel Trott, 32, accused of beating Dennis Alma Robinson in his prison cell at Westgate Correctional Facility, continued yesterday in the Supreme Court.

Robinson alleges that on June 6, 2007 the two launched an attack during a recreation break that landed him in hospital.

He spent three weeks being treated for injuries including a broken jaw and fractured eye socket.

During testimony last week, Robinson told the jury Burgess blamed him for his incarceration and threatened to kill him, before instructing him to write an affidavit clearing him of blame in "the Cooper twins" case.

He explained that his own appeal in that case was due that month. The Supreme Court trial has also heard evidence that prison officers made unauthorised visits to Burgess' and Trott's cells when they were meant to be secured after the incident, and items went missing from Burgess' cell. The pair deny wounding with intent to do grievous bodily harm.

Yesterday, Crown counsel Maria Sofianos read a statement from prison officer Marion Sara-Louise Medeiros, given on November 29, 2008.

The statement reported that over a period of several days after Robinson was taken to hospital, she looked through a window into the cells of Burgess, Trott and Robinson and noticed nothing was touched.

"I looked in the window of Robinson's cell and saw a bloodstained white towel, a pair of bloodstained underwear and paintings on the wall with blood.

"I'm pretty sure that Burgess and Trott had been taken to maximum security. I know they were kept apart but I am not sure when. At no time did I see anyone go into the cells."

During her shift on June 9, she noticed an ageing bowl of cereal in Trott's cell and a Walkman on the bed.

"If a cell was entered the seal had to be broken and an explanation had to be filed as to why the seal had been broken," said the prison officer in her statement.

During her shift on June 14, she looked through the windows again, and noticed that the rotten cereal bowl in Trott's cell had been removed and the Walkman was also gone.

At the end of her shift, a report of stolen property was filed in regards to Trott.

Yesterday also saw the testimony of prison officer Reginald Gomes continued from Tuesday. Mr. Gomes was acting chief officer during the time of the alleged attack on Robinson.

He explained that after Burgess and Trott were taken to maximum security, the locks on their cells were changed so that only those investigating the case could enter.

After the investigation was over, the locks were changed back to normal so that all unit officers could enter.

Mr. Gomes could not say for certain whether there was any record of when the locks were changed back to normal.

"I am not quite sure if the locksmith recorded it or not," he told Burgess' lawyer Elizabeth Christopher.

He said: "It would have been after the Police informed us they had done everything they could in the cells. I can't recall what date."

Ms Christopher said: "For an acting chief officer, you would expect that the keeping of records and dates would be important."

"I might have recorded it in the chief officer's diary. I am not quite sure," said Mr. Gomes.

He was then ordered by Puisne Judge Simmons to contact Westgate to produce the relevant parts of the diary. It had not arrived by lunch.