10
Mr. Caesar described the way the flogging was carried out on February 5,
1998 (infra para. 76).
b) Expert Report of Mr. Desmond Allum, S.C.
(Mr. Allum is a Senior Counsel of the Trinidad and Tobago Bar, currently
President of the Criminal Bar Association, and a former President of the Bar
Association of Trinidad and Tobago).
The expert witness gave details of the history of the Corporal Punishment Act
pointing out, inter alia, that, as amended in 1994, that Act provides that the
sentence of flogging shall be carried out within six months of conviction,
except when an appeal has been filed. Moreover, he referred to the
application of the “savings clause” in the Constitution of Trinidad and Tobago
(infra para. 115).
He stated that the conditions in Trinidad and Tobago's prisons are
unsatisfactory, characterised by overcrowding, lack of proper light and
ventilation, inadequate hygiene, and the absence of satisfactory medical and
dental services.
c) Expert Report of Dr. Andrew Coyle
(Professor Coyle is professor of Prison Studies at the School of Law, King´s
College, University of London)
Dr. Coyle referred to international law and standards with respect to the
application of corporal punishment, and to the conditions of detention in the
State’s prisons.
d) Testimony of Dr. Robert Ferris
(Consultant Forensic Psychiatrist and Clinical Director of Forensic and Secure
Services for the Oxfordshire Mental Healthcare Trust)
Dr. Ferris interviewed Mr. Caesar in the Maximum Security Prison of Trinidad
and Tobago.
The expert witness expressed that Mr. Caesar does not suffer from any
specific mental illness but, during his current period of imprisonment, he has
suffered from depression and anxiety. Mr. Caesar experienced the suffering
to be expected in a person anticipating a painful and brutal form of physical
punishment. Furthermore, the intense mental suffering resulting from the
corporal punishment would have been exacerbated by the long delay in its
being carried out, and by the repeated “false starts” of the execution of the
punishment. Regarding the punishment itself, Mr. Caesar suffered such
intense fear, pain and humiliation that he fainted. The corporal punishment
caused the alleged victim bruising and possible lacerations to his back but he
does not show any scarring. After being flogged, Mr. Caesar was admitted to
the infirmary, where he was treated with analgesic medication.
Mr. Caesar suffered from psychological consequences after his corporal
punishment, such as post-traumatic stress symptoms, including depressed