Prison officer claims pair argued over newspaper story
Prisoners Kenneth Burgess and Dennis Robinson argued over a newspaper article the morning that Burgess allegedly assaulted Robinson in his cell, according to a prison officer.
Marlon Brown told the Supreme Court trial of Burgess and co-accused Kamel Trott that the incident happened during a recreation break, when he saw them looking at the paper.
"Robinson walked towards Burgess and it seemed like they had an argument or dispute over the newspaper article. I noticed Burgess talking back to him with his arms raised but not as high as Robinson's," Mr. Brown told the jury.
He explained that he was in a prison officers' station around 15 to 20 feet away at the time, and could see Burgess' "angry" facial expression.
During his evidence-in-chief on Tuesday, Robinson, 38, alleged that Burgess, 36, together with co-accused Kamel Trott, 32, ambushed him in his cell on June 6 last year and launched a vicious punching attack that lasted an hour.
After the incident he claimed his attackers pulled a table up outside his cell and sat playing cards, leaving him 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 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 his evidence-in-chief that Burgess instructed him to write an affidavit exonerating him of blame in the Cooper matter in the midst of the cell attack.
Yesterday, prison officer Brown told the court that after the dispute with Burgess, Robinson went to his cell and Kamel Trott came to speak with Burgess. He later saw Burgess, Trott and three other prisoners playing cards at a table.
Mr. Brown's evidence about a newspaper article came after Burgess's lawyer Elizabeth Christopher cross-examined Robinson on Wednesday about that day's edition of The Royal Gazette.
Handing him a copy of the paper, Ms Christopher directed him to look at page eight before inquiring whether he knows someone called Devario Whitter. Robinson agreed that he did. He further agreed that Mr. Whitter gave evidence against both him and Robinson during the Cooper twins trial.
"Isn't it correct to say that as part of the case, or as part of the Cooper twins trial, the sense you had was that Mr. Whitter had received a deal in relation to his sentence?" inquired Ms Christopher.
"I don't know anything about that," replied Robinson.
"I'm going to suggest to you that on the morning of June 6 you and Mr. Burgess were standing together looking at the newspaper and basically explaining how you felt Mr. Whitter had got a deal and you felt that the newspaper was proof of that?" she asked.
"That's not true," replied Robinson.
The copy of the newspaper in question was not given to the jury to look at and Ms Christopher did not read out the article she had pointed Robinson to.
Finishing her cross-examination of Robinson yesterday morning, she asked if he knew whether Burgess had ever been in a physical altercation during his time in Westgate.
"Yeah, we had one argument during our trial," he replied.
Following that, Robinson was cross-examined by Trott's lawyer Richard Horseman. He suggested that Robinson was blaming Trott for his injuries because the pair had "a falling out" when Trott told him his girlfriend was seeing someone else.
Robinson denied this.
"Did there ever come a time when Mr. Trott caught you in a compromising position with another inmate?" inquired Mr. Horseman, prompting Robinson to reply: "No, what do you mean?"
"Having sexual relations with another inmate?" continued Mr. Horseman.
"No" replied Robinson.
The case continues.
