Burgess gets maximum for prison beating
Convicted killer Kenneth Burgess was yesterday handed a ten-year sentence for a brutal attack on a fellow inmate while accomplice Kamel Trott was given seven years.
The pair had been found guilty of inflicting grievous bodily harm with intent on Dennis Robinson at Westgate Correctional Facility. Robinson, with Burgess, had been jointly convicted of murdering the twins Jahmal and Jahmil Cooper in a trial two years ago.
The prosecution said Burgess attacked Robinson in retaliation, blaming him for his conviction.
The lingering attack left Robinson left a broken jaw, a perforated ear drum and a fractured eye socket.
Yesterday the court heard that Robinson lived in constant fear of further attack and was now in 22-hour lock-down for his own protection.
Reading out a victim impact statement written by Robinson, a Police officer told the court yesterday that Robinson's injuries had led to hearing loss in his left ear and a ringing sensation.
Robinson's left eye waters uncontrollably because of tear duct damage and he suffers from dizzy spells and constant headaches when he reclines.
Director of Public Prosecutions Rory Field called for sentencing to be in the seven to nine year range as he hit out at criminals with no respect for the law.
He noted a plastic surgeon had said the attack would have been fatal if the shattered cheek bone had not been driven into his ear but instead it had gone in another direction.
"It is hard to imagine a more sustained attack." He noted even after the beating the attackers had tried to get back into the room.
"To do such an attack in prison with guards close by shows a complete lack of respect for the rule of law.
"During the trial the court heard the pair attacked Robinson in his cell on June 6, 2007, during a recreation break when the noise level inside the prison was akin to that of a "football match".
Robinson said after the assault, the pair pulled a table up outside his cell and sat there playing cards, to intimidate him from coming out of his cell.
A prison guard discovered the injured Robinson as he made his lockup rounds after the break. He spent the next three weeks being treated in hospital.
Trott, 32, joined in the attack, just days before he was due to be released from a three-year sentence for unlawful wounding with intent in a separate incident.
During the trial, Robinson said Burgess threatened to kill him during the assault, telling him to write an affidavit exonerating him of blame in the Cooper twins' case ahead of his appeal.
He said Burgess also threatened to harm his three-year-old daughter, warning him Trott was due to be released in a few days' time.
Burgess' lawyer Elizabeth Christopher called for a lower sentence and said no weapons had been used.
She said: "Basically what's happened is a broken jaw and the injuries he suffered were repercussions of the manner in which the jaw was broken.
"Trott's lawyer Richard Horseman said a sentence of three to five years would be appropriate after arguing his client had been more of a follower than a leader and had been less aggressive.
He added: "A significant amount of damage was done before my client arrived on the scene.
"Puisne Judge Charles-Etta Simmons said the evidence in the case had been compelling as had been reflected in the unanimous verdict by the jury.
And she said inmates have as much right to protection under the law as anyone else.
She noted both attackers had violent histories but Burgess had been clearly more aggressive although Trott has been as willing as Burgess to inflict harm.
She said Trott, who has been about to be released from prison just day's before the hour-long beating, had a string of violent offences behind him and posed a risk to normal society and so warranted a seven-year sentence.
Turning to Burgess she said he warranted the maximum ten year sentence for the offence but she noted under law it could not be added to his current life sentence because it would affect the right of authorities to subject him to recall if he was released so it must be served concurrently.
However, the ten-year sentence is likely to affect whether Burgess ever gets parole.Ms Simmons said the case showed obvious flaws in Westgate's security system.
She hoped the "apparent lack of training, indulgences and lapses" would be addressed by Prison bosses.
