‘President’s commutation does not exist’

TWO weeks after High Court Judge David Myers was informed that an order of the former President of the Republic Noor Hassanali commuting the death sentence on a man could not be found, the same judge was told yesterday that no such order exists. The case involves a constitutional motion filed by convicted murderer Sangit Chaitlal, that a “Presidential Order” commuting his death sentence to one of “natural life” in prison, is unconstitutional, null and void. The State is challenging the motion and during hearing on December 22, 2003, in the Hall of Justice, Senior Counsel Avory Sinanan representing the State, told Justice Myers: “We are unable to find any document under the hand of the President. We don’t even know if it exists.” Chaitlal was among 42 Death Row prisoners who, in 1994, had their sentences commuted to life imprisonment by former President Hassanali.

Chaitlal is questioning the very nature of the commutation as to whether the President or the Chief Justice had the power to sentence a person in prison to his “natural life.” Chaitlal is contending that no such jail term exists in law. Sinanan told Justice Myers; “M’Lud, on the previous session, the question arose about an order commuting the sentence of the applicant. My official instruction now is that there is no such formal document on record.” Having regard to such a situation, Sinanan explained, the State intends to place by way of evidence, the procedure that was adopted in commutating the death sentence on the applicant. An affidavit outlining it will be filed today, Sinanan said. Sinanan then went on to make legal submissions on the State’s case as to why the order cannot be deemed to be illegal, null and void and of no effect. Attorney Mark Seepersad, instructed by Gerald Ramdeen who is representing Chaitlal, will reply when hearing resumes today.