A night at Golden Grove Prison

At the close of the prosecution’s case, Khan made the application before Justice Malcolm Holdip in the Port-of-Spain Third Criminal Court.

Khan asked for the visit so that ex-prisoner Barry Moore Briggs, the main prosecution witness, could demonstrate with his "camera" and answer any questions put to him by both the prosecution and defence attorneys.

"The onus is on the prosecution to prove its case," Khan said in the presence of the jury and the alternates. "It is vital that the deciders of the facts can visit the locus in quo for the witness to say what he saw."

Briggs was in prison at the Remand Section of the Golden Grove Prison on June 25, 2001, when he used his camera to witness the beating of Anton Cooper by prison officers. This camera was made up of a toothbrush with a sharpened end, with a small mirror attached to it by chewing gum or soap. One such device was brought to court by the witness who gave a live demonstration of how it worked.

Prakash Ramadhar, attorney for prison officer Devindra Ramdial, objected to the visit by the court. He pointed out that the lighting conditions may have changed in that section of the prison. He said the prosecution produced a map, and they had a live demonstration from Briggs.

"We cannot guarantee that this jury would be met with identical circumstances or similar circumstances. There is no need for the prosecution to attempt to prove its case this way. I am constrained to object."

Owen Hinds Jr, who represents prison officer Ansen Griffith, did not object to the visit. Khan told the court that the prosecution would like to visit the prison at about 7 pm. This brought laughter from those in the courtroom.

"Find out from the jurors if they would like to go," Khan pleaded with the judge. He said the Commissioner of Prisons had already indicated that once approval was given, he could arrange everything within a day and would ensure there were no prisoners around who would be able to shout at the lawyers.

Khan pointed out that a visit to the prison should be done when all the evidence had been adduced from both the prosecution and defence.

Holdip said he had the sole responsibility to decide if a visit to the scene was necessary. "The jury has no role in this," he pointed out.

When hearing resumes this morning, legal submissions will be heard in the absence of the jury.

The witnesses who testified so far:

Rhonda Kernaham, Claudie Cooper, retired Cpl Dennis Smith, PC Darryl Dedier, Cpl Glen Payne, retired Cpl Albert Lewis, PC Gregory Hood, Sgt Hendron Moses, Barry Moore Briggs, Dr Hughvon des Vignes, Supt of Prisons Orson Barman, and Supt of Police Gregory Correia.