29
74)
Likewise, on March 22, 2002, the representatives of the alleged victims
submitted various documents as exhibits to their final written arguments (supra
para. 57). 72
75)
The Court also received the written expert reports submitted by seven
experts, namely: Thomas Alfred Warlow; 73 Desmond Allum; 74 Gaietry Pargass; 75
Vivien Stern and Andrew Coyle; 76 Scharlette Holdman; 77 and Nigel Eastman, 78
offered by the Commission in its final written submissions on eventual reparations
(supra paras. 44, 48 and 50). 79
76)
Below, the Court includes a summary of the three expert witness reports that
were received only in writing (one of them prepared by two experts), in the order in
which they were submitted:
a) Expert Witness Report of Thomas Alfred Warlow on the evidence
available in the case of Peter Benjamin (Case No. 12,148) and on
whether the shotgun which is alleged to have been used to kill the
deceased could have fired the lethal bullet
The expert report of Thomas Alfred Warlow 80 contains an analysis of two separate
documents related to the proceedings in the specific case of Peter Benjamin before
the domestic courts of Trinidad and Tobago. 81 The first is a post mortem study of
72
Cf. Filed as "Hilaire, Constantine and Benjamin et al. v. Trinidad and Tobago, Supporting Bundle
of Authorities," archived in the Secretariat of the Inter-American Court of Human Rights, Exhibits 1-18,
Vol. I, pp. 1-867.
73
Thomas Alfred Warlow's expert witness report was submitted to the Court as part of the body of
evidence in the Application corresponding to the Benjamin et al. Case, and is filed as "Peter Benjamin et
al. v. Trinidad and Tobago, Exhibits to the Application of the Inter-American Commission," Vol. I, pp. 344349.
74
Cf. Filed as "Expert Witness Report on the Criminal Justice System of Trinidad and Tobago,"
archived in the Secretariat of the Inter-American Court of Human Rights, Vol. I (pp. 1-345), Vol. II (pp. 1700), and Vol. III (pp. 701-1274).
75
Cf. Filed as "Expert Witness Report from Gaietry Pargass on Conditions of Detention in Trinidad
and Tobago," archived in the Secretariat of the Inter-American Court of Human Rights, Vol. I, pp. 1-72.
76
Cf. Filed as "Expert Witness Report from Vivien Stern and Andrew Coyle on Conditions of
Detention," archived in the Secretariat of the Inter-American Court of Human Rights, Vol. I, pp. 73-88.
77
Cf. Filed as "Hilaire, Constantine and Benjamin et al. v. Trinidad and Tobago, Merits," archived in
the Secretariat of the Inter-American Court of Human Rights, Vol. I, pp. 59-97.
78
Cf. Filed as "Expert Witness Report from Nigel Eastman," archived in the Secretariat of the InterAmerican Court of Human Rights, Vol. I, pp. 1-121.
79
Three of these experts also testified at the public hearing for this case (supra note 27 and supra
para. 52).
80
Thomas Alfred Warlow stated in his expert report that he is a Chartered Chemist and Member of
the Royal Society of Chemistry of the United Kingdom, and of the International Wound Ballistics
Association. He has written several scientific reports on firearms published in the United Kingdom and the
United States of America, as an expert and professional in the area. Cf. Filed as "Peter Benjamin et al. v.
Trinidad and Tobago, Exhibits to the Application of the Inter-American Commission," supra note 73.
81
The Inter-American Commission indicated in its Application that Peter Benjamin (Case No.
12,148) was convicted of the murder of Kanhai Deodath on October 27, 1999. The Commission added
that, in his defence at the domestic level, Peter Benjamin claimed that he was not involved in the murder