Death penalty case moves to House of Lords

THE Privy Council courtroom in London is too small to hear new submissions on the death penalty filed by Trinidad and Tobago, Barbados and Jamaica. The three Caribbean islands want the mandatory death sentence to return as law, hoping the Law Lords will reverse their own ruling in the Balkissoon Roodal judgment last November. Instead of sitting at 11 Downing Street, London, as has been the case for more than 100 years, the court shifts to the House of Lords which is adjacent to the House of Commons — the venue for the sitting of Parliament in England. The death penalty cases will be heard in the Committee Room, which is known as the Moses Room, in the House of Lords, on March 22. The reason for this is because the appeal will not be heard by the regular Board of five Lords, but by nine which will be historic.

The nine judges are Lords Bingham, president, Nicholls, Steyn, Hope, Hoffmann, Scott, Rodger, Walker, and Justice Edward Zacca, of Jamaica. Four of these Lords sat on the Roodal matter. Lords Bingham, Steyn, and Walker gave the majority decision, while Lord Rodger, along with Lord Millett dissented. Three cases from Trinidad and Tobago, Barbados and Jamaica will be heard together. The Caribbean islands will be going to the Law Lords on a united front. It was Barbados’ Attorney General Mia Mottley, who convinced the Law Lords in January, for the three countries to approach the Privy Council again in the hope of having the mandatory death penalty returned as law. In the case of Trinidad and Tobago, the appeal was filed by Charles Matthews, who was convicted of murder and sentenced to death on December 3, 1999. He was found guilty before Justice Carlton Best in the Port-of-Spain Third Assizes for the murder of his common-law wife Louise Gittens who was shot dead at Olton Road, Arima, on December 9, 1994.  On December 1, 2000, the Court of Appeal dismissed Matthews’ appeal against his conviction.

He appealed to the Privy Council, but the Law Lords dismissed his motion on May 12, 2003,  with respect to conviction, but adjourned the petition in respect of the sentence imposed on him. On November 20, 2003, the Privy Council gave judgment in the Roodal case and held that the mandatory death penalty violated the constitution of Trinidad and Tobago. Following that decision and in accordance with its rules, those on death row including Matthews, were informed by their lawyers that the death sentences imposed on them would be set aside and that their cases would be remitted to the High Court for re-sentencing. Matthews asked for his case to be remitted to the High Court for re-sentencing on the basis that the judge had a discretion as to the sentence to impose. On January 12, the Law Lords granted Matthews leave to appeal against his sentence of death. But the State of TT, along with Barbados and Jamaica, will argue at the hearing that the majority decision in the Roodal case was wrong and should not be followed.