Lester Pitman’s hanging on hold

CONVICTED killer Lester Pitman has escaped the hangman  — at least for now. His execution which was planned for Monday morning, has been put on hold pending the determination of his constitutional motion, and his criminal appeal before the Judicial Committee of the Privy Council. For the first time in a long time, the State did not oppose the stay of execution in a hanging case. But Pitman’s case was different as he has an appeal against his conviction and sentence pending. Gilbert Petersen SC, who represented the Commissioner of Prisons and the Attorney General, did not oppose the application for stopping Pitman’s execution.

Prison authorities read the death warrant to Pitman at the Port-of-Spain State Prison on Wednesday for his execution at 6 am on Monday. Attorneys representing the condemned man filed the constitutional motion on Thursday afternoon. The matter was called before Justice Rajendra Narine in the Port-of-Spain Chamber Court. Pitman’s legal team comprised Douglas Mendes SC, Reginald Armour SC, Ian Stuart Brook, Gregory Delzin, Derek Ali, Stuart Young and Ravi Heffes-Doon. Mendes told the court that he had an application for a stay of Pitman’s hanging. The judge inquired from Petersen if he had anything to say. “We can’t oppose the application in light of the notice of the intention to apply for special leave to appeal against the decision of the Court of Appeal,” Petersen added.

Although he admitted that a notice was filed in the Court of Appeal, Petersen pointed out that there was no evidence that the notice was served on the Attorney General or the Director of Public Prosecutions. Petersen added, “it would appear that the party filing the notice kept it in his back pocket.” Petersen said two affidavits were filed in support of the State’s case. One, he added, came from Solicitor General Lynette Stephenson SC and the other from former Magistrate Norton Jack, now a senior legal advisor to Attorney General John Jeremie. Petersen said Stephenson’s affidavit showed that there is a system in her department with respect to receiving documents. Petersen said before the warrant was read to Pitman, all steps were taken to determine whether the prisoner had indicated his intention to file an appeal. This, he added, bore no fruit.

He said Jack visited the Court of Appeal Registry where searches were carried out. Peterson said an impression was created that the Attorney General proceeded to carry out the death penalty although Pitman indicated an intention to appeal. Senior Counsel said that on May 27, Jack personally checked at the Solicitor General’s department and found nothing to show that Pitman had appealed. Petersen insisted that Pitman’s attorneys did not serve notice on the State.

He pointed out that the week of May 31, Jack spoke with the Clerk of Appeals inquiring whether any appeal was filed by the applicant. Nothing, he said, was found. “It is against this background that we also checked with the DPP and there was no evidence of service there either. One is entitled to read a warrant once due process is carried out. Anyone, especially members of the Bar, should be concerned with what happened,” Peterson said. But Mendes said a letter was sent to the Minister of National Security informing him of Pitman’s intention to appeal to the Privy Council. He said he has been unable to get a copy of that letter, but Petersen pointed out that a copy was available from the Commissioner of Prisons.