Judge: Let criminal court sentence killers

HIGH COURT Judge Mira Dean-Armorer ruled yesterday that the criminal court was the most appropriate forum to deal with the question of sentencing. She turned down a request from attorneys representing three convicted killers that the High Court, sitting in a civil jurisdiction, could deal with the question of sentencing. Justice Armorer pointed out that the Director of Public Prosecutions, or one of his representatives should be part of the sentencing process. Leroy Andrews, Ian Seepersad, and Roodal Panchoo, filed constitutional motions claiming that their sentences of “being detained at the President’s pleasure” were illegal and unconstitutional.

Justice Mira Armorer ruled that the sentences imposed on the three convicts were illegal and unconstitutional as they were incompatible with the principle of separation of powers. Justice Armorer, presiding at the Port-of-Spain Fifth Civil Court, ordered that Andrews, Seepersad, and Panchoo be detained “during the Court’s pleasure.” They were all under the age of 18 when they committed the murders. According to a consent order arrived at between attorneys for the three convicted killers and the State, Andrews, Seepersad and Panchoo are entitled to have their sentences reviewed by the High Court periodically. It was ordered that the three applicants be brought before the High Court sitting in its criminal jurisdiction for a review of their detention forthwith at a date to be fixed by the Registrar of the High Court.

But Gerald Ramdeen, representing the three killers, said he wanted to make a submission that the judge, sitting in the civil jurisdiction review the sentences of Seepersad and Panchoo. In her judgment yesterday, Justice Armorer said the applicants petitioned the constitutional court to deal with the issues of relief. She said once that was done, that was the end of the function of this court. She said it was proper for her to remit the matter to the criminal court for periodical review for the three applicants. After her decision, attorneys raised the issue of damages for Seepersad and Panchoo who have been detained for more than 18 years in prison after conviction. Attorneys agreed for Justice Armorer to deal with the assessment of damages for the two applicants, rather than send the matter to a Master or a Judge in Chambers.

Justice Armorer ordered that the Attorney General file affidavits within 21 days. The applicants must reply within 21 days thereafter and that skeletal arguments be submitted by April 19. The hearing of the assessment has been fixed for May 10. Andrews, 28, was found guilty by a jury and sentenced to the State’s pleasure by Justice Lennox Deyalsingh in the Port-of-Spain Assizes on June 29, 1993 for the murder of Marion Narinesingh at Lopinot. Seepersad and Panchoo were convicted before Justice Mustapha Ibrahim in the San Fernando Assizes on July 21, 1986 for the murder of Sumintra Seepersad between March 7 and 8, 1981 at Piparo and sentenced to the State’s pleasure.