CJ: Ban rookie lawyers from murder cases

Chief Justice Satnarine Sharma said yesterday rookie lawyers ought not to continue to do capital cases or other serious cases because of complicated tactics in these matters. CJ Sharma was of the view that the time had come to restrict lawyers with under ten years experience from doing such cases before the Court of Appeal, and even at trial level. He noted that issues being raised in capital cases and other serious cases were becoming more and more “technical” and experienced counsel was required. He made the observation while dealing with the appeal of convicted murderer Kevon Nurse aka Kevon Benoit, whose  attorney Sophia Chote, had filed a single ground of appeal suggesting incompetence on the part of trial counsel.

Attorney Dana Seetahal is representing the State. The Court, which included CJ Sharma, Justice Roger Hamel-Smith and Justice Wendell Kangaloo,  did not proceed with the matter because trial counsel was out of the country and expected back by November 28. However, CJ Sharma said he felt the Court might have to soon put in its judgments that counsel under ten years experience ought not to appear in serious matters in the Court of Appeal or possibly in the High Court.The serious cases he was referring to were matters such as capital cases or serious rape cases.

He observed that the death penalty still remains the punishment for convicted murderers and junior attorneys may not have the required expertise or experience to deal “with these matters.” The Court directed that affidavits about the alleged incompetence be served on both advocate and instructing attorneys who appeared for Nurse at the trial and that they reply within 21 days. Further, they must be present at the next hearing. A date for hearing is to be fixed. Nurse was convicted on June 18, 2003 and sentenced  by Justice Paula Mae Weekes for the murder of his uncle Lester Ash on Christmas Day 2000 at Laventille.