Killers’ application was premature

SENIOR COUNSEL Gilbert Petersen said yesterday that the conservatory order sought by four condemned men was premature because no warrant had been read to them. Petersen, who was appearing for the Com-missioner of Prisons and the Attorney General, said the application for a stay was premature because the Advisory Committee on the Power of Pardon did not meet. “If there is to be a commutation, there must be a meeting,” Petersen told Justice Ian Benjamin in the Port-of-Spain High Court.

Petersen found it strange that lawyers for the condemned men wanted to argue the motion before the meeting of the Advisory Committee. Apart from the people whom the lawyers represent, Petersen said there are other convicted killers who do not fall within the decision of the Privy Council in the Charles Matthew case. “The State will pursue these persons who fall outside of  Matthew.” (The Law Lords held that all persons awaiting the sentence of death at the time of the Matthew judgment should have their sentences commuted.)

Last Monday, Reginald Armour SC, appearing for Andrew Dottin, Kelvin Dial, Ramsingh Jairam, and Mark Teeluck, sought and obtained a conservatory order to prohibit the State from executing them and any of the other persons on Death Row affected by the Matthew judgment. The order was extended yesterday. Yesterday, Justice Benjamin said as far as he understood it, there were three groups — the four applicants before the court, the persons who were convicted at the time of the Matthew judgment (July 7, 2004), and those convicted after that period. Petersen said the State intends to pursue the persons in the third group.

When the matter was called yesterday, Petersen said the Commissioner of Prisons was concerned at the impression created that the Port-of-Spain Prison was locked down last Monday preventing attorneys from going in to see some of these condemned men. “It was felt there were some restrictions, or access to my friends on the other side,” Senior Counsel added. Petersen insisted that that was not the case as an affidavit filed in court showed that lawyers were in the prison interviewing prisoners during the time of the alleged lock down. In response, Armour said that no member of his team was in the prison when the case was in progress before Justice Benjamin on Monday. Hearing was adjourned to June 29 when a date will be set for the hearing of the substantive motion. While the case was in progress, relatives of the Death Row inmates were outside of the Hall of Justice with their placards, seeking mercy for the killers.