The Prison Service has failed in a last-ditch attempt to block the alleged victims of last week's prison riot from having photographs of the injuries taken for their pending lawsuit against the State.
The service yesterday lost its emergency appeal against the order of High Court Judge Ronnie Boodoosingh, who granted permission for the procedure during a late night sitting in the San Fernando High Court on the Labour Day public holiday on Friday.
Yesterday's appeal in the Hall of Justice in Port-of-Spain began shortly after 9 am and lasted past midday due to intense legal arguments between the 25 inmates' legal team and deputy Solicitor General Neal Byam.
After deliberating for almost an hour, Court of Appeal Judges Allan Mendonca, Prakash Moosai and Judith Jones dismissed the appeal.
The three-member panel agreed with lead counsel for the inmates, Anand Ramlogan, SC, who earlier submitted that the prison service's concerns over security at the Golden Grove Prison following the riot could not override the prisoner's constitutional right to communicate with their attorneys.
As part of their oral ruling, the court also ordered the State to pay the prisoners' legal fees for bringing the action challenging the prison's decision to bar them from taking the photographs during a visit to their clients on Thursday afternoon.
Immediately following the ruling, two members of the legal team visited the Arouca prison and completed the process. The inmates' legal team also includes Gerald Ramdeen, Kent Samlal and Varun Debideen.
Last week's riot in the remand section of the correctional facility ignited on Tuesday night while prisons officers were conducting a routine search of cells for contraband items.
Multiple scuffles reportedly started between inmates and the officers, which resulted in a dozen prisoners having to be taken to hospital for treatment.
The conflict reignited the following morning as prisons officers were serving breakfast. The officers were reportedly attacked with improvised weapons prompting the prison's riot squad to intervene.
The second wave of fighting, which resulted in the hospitalisation of a further 13 inmates and five prisons officers was eventually quelled around midday on Wednesday. There have been no reports of disturbances since.
All the wounded prisoners have been discharged from hospital and have been returned to the confines of the prison.
In a telephone interview yesterday, several of the alleged victims labels the fracas an anti-Islamic attack as they pointed that to the fact that it came on the eve of the Ramadan period. They also alleged that several of their Qu'rans and Islamic texts were destroyed by prisons officers during the melee. Despite their injuries, the inmates all said they were still fasting.
The wounded men, 22 of whom are on remand for murder, described the incident as savage and vicious as they also claimed that it was unprovoked.
Their contention was bolstered by their legal team who said the allegation would be a live issue in their pending lawsuit for assault and battery.
"If prisoners are being singled out and brutalised based on their religous beliefs that is a gross violation of their human and constitutional rights," Ramlogan said following the court's ruling yesterday.
The Prisons Officers' Association has denied the allegation that their members' actions were based on the prisoners' religious beliefs.