Jail AG for contempt

Edmund Funrose, who was found guilty but insane, believes the Attorney General should go to jail because he (Jeremie) failed to carry out an order of the court which ordered a review of his incarceration seven months ago.

The matter was called before Justice Peter Jamadar in the Port-of-Spain High Court yesterday with attorneys Mark Seepersad and Ian Ramdeen representing the convicted killer. State attorneys Neil Byam and Grace Jankie appeared for the Attorney General.

Justice Humphrey Stollmeyer, presiding in the Port-of-Spain High Court on October 1, 2004, ordered a review of Funrose’s incarceration.

Yesterday, Byam said he could not say what was done about the court order.

He said he needed time to brief Senior Counsel and asked for three weeks to put in his affidavits. However, Jamadar disagreed, saying the matter should be heard earlier because it was a matter where the applicant is claiming that people are guilty of contempt of court.

"They want to jail the President, the Minister of National Security, the Attorney General. This is what this matter is about," the judge said. Hearing was then adjourned to May 12.

Funrose was charged with murder in 1981, and after a trial before Justice Ivor Blackman at the San Fernando High Court in 1986, he was found guilty but insane, and detained at the President’s Pleasure. Since his conviction, he has been at the State Prison. In June 2003, Funrose filed a constitutional motion seeking redress and asking that a review of his incarceration be conducted.

On October 1, 2004, Stollmeyer ruled in Funrose’s favour. The judge ordered that an assessment of his mental condition be carried out forthwith and a review of his case be done immediately in order to determine if he should be released from prison.

He also ordered a continuous assessments of Funrose’s mental condition and reviews of his case to be carried out on a regular and timely basis in the event that his detention was to continue.

According to Funrose, there has been no assessment carried out on him, a prisoner who has been in jail for the past 24 years.

Copies of Stollmeyer’s order were served on the President, the Minister of National Security and the Attorney General. Funrose’s lawyers wrote to the Attorney General and the Solicitor General on January 19 calling on them to comply with the court order and informing them of the intention to return to court.

Funrose claims that the office of the Attorney General has failed and/or neglected to comply with the order of the court and has wilfully and deliberately disobeyed the order.

In light of the failure to have a review and/or assessment done, Funrose is back in court. He is seeking a declaration that the failure of John Jeremie to comply with the court order constitutes a contempt of court in his official and/or personal capacity.

Funrose wants an order that Jeremie be committed to prison for his failure to comply with the order.

He is also asking for an order that the court impose a fine on the Attorney General in his official capacity over his failure to comply with Stollmeyer’s decision. Finally, Funrose also wants to be discharged immediately from custody.