‘Behaviour close to contempt’

HIGH COURT Judge Herbert Volney said yesterday that he felt ‘wounded and hurt’ by the behaviour of the Commissioner of Prisons in ignoring an order of the court to submit a report on the status of convicted women-killer Chuck Attin. “If this is not contempt, it comes very close to it.” Justice Volney said he was ready to deal with the re-sentencing of Attin, but because of the behaviour of the Prison Boss, the matter had to be put off. He ordered that a subpoena be sent to the Commissioner of Prisons ordering him to submit all files on Attin to the court. The matter was then adjourned to March 24. “I was prepared to deal with this matter today. It touches on the liberty of the subject. Who knows, there may be a compelling reason for the applicant to be released forthwith. Because of the inaction of the Commissioner of Prisons, this man has to wait further,” the judge added.

Attin, 26, was found guilty before Justice Lionel Jones in the Port-of-Spain Assizes with Noel Seepersad on February 7, 1997, for the murders of housewives Candice Scott and Karen Sa Gomes at Westmoorings on July 11, 1994. Attin, who was 16 when the offences were committed, was ordered to be detained at the State’s Pleasure, while Seepersad was sentenced to death. They appealed but the Court of Appeal dismissed their appeal on November 27, 1997. They also appealed to the Privy Council, but that was dismissed on December 10, 1998. But attorneys for Attin filed a constitutional motion challenging his detention. Justice Allan Mendonca ruled last year that Attin should have been detained at the Court’s Pleasure and referred the case back to the High Court for re-sentencing.

Ten years ago, a slim-built Attin appeared in court charged with the murders. Yesterday, as a bigger prisoner,  with a lot more weight, he appeared in court. When the case was called yesterday, Dana Seetahal, who represents Attin, said the court had ordered in January that four reports be submitted in the matter — a progress report from the Prison Service on Attin, a Probation Officer’s report, a psychologist’s report, and a medical report. Seetahal said the reports from the probation officer and the psychologist were received, but not those from the Prison. As a result, she stated that she could not proceed with her case. Justice Volney said he wanted the reports to find out what happened with Attin during his stay in prison. “I am taken aback that these reports are not here. There should be no excuse why these reports from the prison were not received.”

State attorney George Busby said the Registrar of the Supreme Court sent a document to the Commissioner of Prisons on January 27 informing him about the court’s order on the reports. He said the DPP’s department wrote to the Commissioner of Prisons on March 12 reminding him about the matter. Justice Volney then ordered that a subpoena be sent to the Commissioner of Prisons to bring the records relating to Attin so the court could be in a position to deal with sentencing. “The court is driven to this because the applicant is in custody. He is in a state of limbo,” the judge added. “The Commissioner of Prisons can’t just disregard the request of the court.” The judge asked, “What other reason is there for the Commissioner of Prisons not sending a representative or the report?

Maybe, there is something there to assist the prisoner,” the judge wondered. Justice Volney added, “I believe the DPP’s department can’t play a more compelling part. Let the prison know that the court will not tolerate this. If this is not contempt, it comes very close to it. Let the DPP pen a letter to the Commissioner to know the court’s disgust. Whoever is responsible in the Prison Service must be called to account for this.”