Two men will go on trial tomorrow accused of seriously attacking a prison officer causing him grievous bodily harm with intent.

Shannon O?Brien Tuzo, 30, and Raymond Winslow Burgess, 25, both pleaded not guilty to the charge of attacking Craig Randall Clarke on January 1, 2002, when they appeared in Supreme Court yesterday.

Mr. Dill died while an inmate at the Prison Farm on December 19, 2001. The jury was sworn in and then the case adjourned until tomorrow to enable Burgess, of Hurst Crescent, Pembroke, to find legal representation.

Tuzo, of Marsh Lane, Pembroke, had pleaded guilty to a lesser charge of assault, occasioning actual bodily harm, but that was not accepted by prosecutor Anthony Blackman.

However, Mr. Blackman agreed to accept a guilty plea on a lesser charge from a third man in connection with the incident.

Shaki Eugene Crockwell, 21, pleaded not guilty to GBH with intent, but guilty to GBH. He is to be sentenced later, and Mr. Blackman said he would be looking for a prison term.

The 33-year-old prison officer, from Devonshire, received a head wound, broken nose and lacerations above an eye in the assault at Club 40 nightclub in the early hours of New Year?s Day last year.

He was detained in hospital for treatment after the attack.

Yesterday, lawyer for Crockwell, Peter Farge, asked for a social inquiry report to be completed on the young father, who is to be brought back before the court on December 1 at the arraignments session for a sentencing hearing to be set.

And he asked that, due to his young age at the time of the incident and the fact he had no other convictions for violence, that he be allowed out on bail until that time, rather than remanded in custody.

Crockwell himself addressed the court in mitigation. He explained that he was legally responsible for his 16-year-old sister, as their parents were not around, as well as the main caregiver for his own four-year-child.

While he accepted he might have to serve a prison sentence for the offence, he asked to be bailed in the meantime so that he could sort out his affairs and make sure the children were taken care of.

Crockwell, of Happy Valley Road, Pembroke, said he was 19 at the time of the incident, but said he had since got his life on track and had grown up.

He said he had been working at Dunkley?s Dairy for the past four months.

Crockwell, who is the captain for the Boulevard Blazers Premier Division football club, said he simply needed time to put his affairs in order.

?It was two years ago ? I did not know what I was doing. I was young and I was foolish,? he said.

But Crockwell said he now had responsibilities and walked away when someone wanted to start trouble. That was no longer him, he said.

But Assistant Justice Archibald Warner said to Crockwell?s lawyer: ?Mr. Farge, these are all things you are supposed to be saying on behalf of your client.?

To which Mr. Farge replied: ?But it?s from his heart, sir.?

However, the judge responded: ?But you are supposed to get in to his heart and make these mitigations.?

Mr. Warner said he had listened to Crockwell and although it was the practice of the court to remand someone in custody after they had been convicted of a serious offence until sentencing, he would take into consideration the special circumstances.

?I have listened to you carefully and I think there are some extenuating circumstances to such that if you say you need to get your accounts in order for those you have taken responsibility for, then I?m going to grant you bail,? said Mr. Warner.

?But just because I?m going to grant you bail, there is no indication and it should not be (taken as) an indication that there will not be an immediate custodial sentence when all the matters are heard and when full consideration is given to the matters put before the court with regard to you.

?Don?t for one moment think that because you have been granted bail that that is a likely indication of the course this court is likely to take.?

Crockwell was released on $5,000 bail with a like surety and was ordered to report to Hamilton Police Station on Mondays, Wednesdays and Fridays between 6 a.m. and 7 p.m.

He was also ordered not to associate with Burgess and Tuzo or any witnesses in their case.

Burgess was not represented by anyone yesterday, but Tuzo was represented by Victoria Pearman. Crown counsel Oonagh Vaucrosson will be assisting Mr. Blackman. The case will begin tomorrow at 9.30 a.m.