31 Dr. Holdman explained that the main purpose of mitigation is to provide explanations for an offender's behaviour. It is based on "factors that were formative in the offender's development, behavior and functioning." However, it also reflects the nature and circumstances of the offence under the theory that punishment should be proportionate to the crime. The expert witness further stated that mitigating evidence seeks to establish the degree of individual responsibility for certain kinds of conduct, analysing certain aspects of the offender such as family dynamics, neurological deficits, mental and physical developmental disabilities, medical and psychiatric illnesses, mental retardation, intellectual functioning, cultural and ethnic influences, situations of extreme poverty; community environment, child maltreatment, character, and chronological age, among others. Theories of mitigation are governed by principles of respect for the uniqueness of each individual and require an examination of the character and record of the offender, thereby minimizing the risk that the death penalty will be imposed without taking into account factors that may support the imposition of a less severe penalty. * * * b) EXPERT EVIDENCE 77) During the public hearing held on February 20 and 21, 2002, the Court heard testimony from three expert witnesses presented by the Inter-American Commission (supra para. 52). The reports of their testimony are summarized below in the order they were submitted. 84 a) Attorney Desmond Allum 85 addressed the nature of the "mandatory death penalty," the exercise of the prerogative of mercy in Trinidad and Tobago, and other 84 The footnotes in the following pages refer to some of the information presented in the written reports submitted by these three experts. 85 Desmond Allum, S. C., indicated in his written expert witness report presented to the Court on January 22, 2002 (supra para. 48), that is he an attorney-at-law and member of the Bar Association of Trinidad and Tobago and London. He has practiced law in the criminal system in Trinidad and Tobago over the past thirty-five years in numerous capital and drug trafficking cases. He was the President of the Bar Association in Trinidad and Tobago and is an expert on legislation related to the death penalty in Trinidad and Tobago. In addition, his report presents an analysis of the constitutional history and sources of law in Trinidad and Tobago, the law concerning murder in the State, criminal procedure, the stages of criminal procedure in murder cases, the "mandatory death penalty," and the prerogative of mercy. He indicated that the reforms to the death penalty carried out in England and in other jurisdictions of the Caribbean have not been made in Trinidad and Tobago, since it retains an inflexible system of sentencing all defendants to death. Furthermore, he stated that defence counsel lack experience and are inadequately remunerated, which results in defendants being poorly represented. In the early stages after arrest, lawyers are not present and the accused are often coerced into confessing. The expert witness also stated that particular difficulties exist in obtaining expert evidence, even though such evidence is presented by the prosecution with increasing frequency. The non-disclosure and/or destruction of relevant evidence by the prosecution and/or police is commonplace, and there are substantial delays inherent in the system, especially during the pre-trial phase. Cf. Filed as "Expert Witness Report on the Criminal Justice System of Trinidad and Tobago," supra note 74, pp. 26-27.