Khan, Ramadhar apologise to court

ONE DAY after they were at each other’s throats, attorneys Israel Khan SC and Prakash Ramadhar publicly apologised to each other for their conduct on Tuesday in the murder trial of prisons officers Devindra Ramdial and Ansen Griffith. It was the calm after the storm as the trial continued with very few objections and no verbal assaults from the bar table. Things went so smoothly that Ramadhar muttered, “finally, we have agreed on something.” Justice Malcolm Holdip, presiding in the Port-of-Spain Third Criminal Court, had adjourned hearing on Tuesday afternoon in the middle of the heated battle. He said he needed time to reflect on what had happened, and to decide where the trial was going.

When hearing resumed yesterday, Holdip put the jury and alternates out of court as he dealt “in camera” with what had happened in open court the day before. When the jury returned at 9.53 am, Khan stood up and said, “I wish to apologise to Mr Ramadhar for putting him down in any way. I did put him down. It was very unfortunate, that in my role as prosecutor and as a minister of justice, I did not properly divorce myself in the arena.” Khan, who is leading the prosecution’s team continued, “I too, want a fair trial for the accused. I apologise to him and to you, my Lord. I meant no disrespect to the court; I meant no disrespect to the jury. I hope the jury was not disturbed by the two combatants.”

Khan hoped that the jury would put the verbal exchanges out of their minds. He did not think the verbal battle could have led to the trial being aborted.  “I should have known better. Maybe I did not make the shift from defence attorney to prosecutor.” Nevertheless, Khan said he has to submit a report to the Director of Public Prosecutions (who coincidentally was in court on Tuesday) when he gets the notes of evidence. In his turn at the crease, Ramadhar said he took full responsibility for what he had done in the trial. “I do not want to create problems for anyone. If I created problems for anyone, I apologise. I apologise to you as well, my Lord. I do not appreciate the role of the other side. I only see my side.”

Ramadhar agreed that he should respect a court ruling. “I should not use cross-examination and my skills to challenge it. It was something very distasteful what had happened. It bothered me all last night. We should not be bothered by very petty personal issues,” Ramadhar added. Holdip told both lawyers that their responses were in keeping with the highest tradition of the profession. He said when he adjourned hearing on Tuesday, he did indicate that he needed time to reflect on what had happened. He agreed with Khan that “there was a lot of dust in the arena.” He asked the jury to disregard the last four minutes of Tuesday’s hearing. “You have heard them apologise, that they got too emotional in the matter.” During the hearing, the judge said the incident was “so correctly reported in Newsday with the headline ‘War at the Bar Table.’”

Holdip then ruled that he would continue with the trial. Barry Moore Briggs, the prosecution’s main witness, was recalled to be further cross-examined by Ramadhar. Briggs said he had no aliases. In response to a question, he said he was once arrested and charged under the name Anthony Lewis. He was taken through a preliminary inquiry, up to the Assizes, where he was cleared before Justice Stanley John. He said he was in prison in 1992. He denied knowing a prison officer named Lennox Duntin. He denied he ever suffered a broken arm, or that he was ever treated at hospital. Briggs said if he had suffered a broken arm, he would have surely been taken to hospital for treatment. He said this was a lie coming from the prison authorities. In response to another question, Briggs said he was in prison in 1997 when several prison officers beat him. He made the complaint to Justice Rajendra Narine and attorney Phillip Lamont was retained to represent him.