ATTIN GETS HIS DAY IN COURT

CONVICTED MURDERER Chuck Attin, who was sentenced at the State’s pleasure in February 1997 after he was found guilty of murdering two Westmoorings women, yesterday  won the right to have his sentence varied.

However, Attin’s victory does not automatically mean that all persons detained at the court’s pleasure would have their sentences varied. In varying the sentence, High Court Judge Allan Mendonca declared that the sentence was illegal and offended the principle of separation of powers that is enshrined in the constitution. Justice Mendonca also declared that sections 79 and 81 of the Children Act Chapter 46:1 should be modified and the words “State’s pleasure” in Section 79 be replaced with “Court’s pleasure” and the word “Minister” in Sections 79 and 81 to “Court.” He also ruled that Attin be brought before the trial judge in criminal court, on a date to be fixed, to have his detention reviewed. As a result of Justice Mendonca’s ruling, Attin’s sentence would now read “detained at the Court’s pleasure” and he is now entitled to have his sentence reviewed periodically by the court.

On February 7, 1997, Attin, who was 16 years-old at the time,  was found guilty of murdering Candace Scott and Karen Sa Gomes at Scott’s Westmoorings home on July 11 1994 and was sentenced to be “detained at the State’s pleasure” pursuant to section 79 of the Children Act Chap 46:1. Section 79 of the Children’s Act states that the death sentence shall not be pronounced on or recorded against a person convicted of an offence if that person was under the age of 18, at the time of the offence. However, in lieu the court shall sentence him to be detained during the State’s pleasure, and is liable to be detained as the Minister may direct, and shall be considered in legal custody.

Section 81 of the Act states that the person may be discharged on licence by the Minister at any time and may have that licence revoked at any time by the minister. Attin filed a constitutional motion through his attorney challenging sections 79 and 81 of the Children’s Act and seeking for the sections to be modified and for a ruling that triennial reviews of his detention be done. In a 19-page written judgment presented in the Port-of-Spain Fourth Civil Court yesterday, Justice Mendonca explained that the law has developed that Attin was wrongly sentenced. The judge also informed State attorney Andre Des Vignes that the State pay the costs in its entirety.