No review for convicted killers at this time

MORE THAN 80 convicted killers on Death Row will have to wait much longer to have their sentences reviewed by the High Court. In light of the new challenge by three Caribbean countries to have the mandatory death sentence returned, Chief Justice Sat Sharma has ordered that the review of sentencing of persons on Death Row be stayed until further notice. On November 20, the Judicial Committee of the Privy Council ruled that the mandatory death sentence was unconstitutional. The Law Lords said the trial judge was the appropriate person to pass sentence on a convicted killer. But Trinidad and Tobago, Barbados and Jamaica are heading to the Privy Council on March 22, 2004 to argue their case for the mandatory death sentence to remain as the law in the Caribbean. A larger Board of the Privy Council will be assembled to hear this matter.
 
Contacted yesterday, CJ Sharma told Sunday Newsday that in light of the new application before the Privy Council, he has decided that the review of sentences of persons on Death Row be stayed pending the hearing and the determination of the March case. Sharma added, “it makes no sense reviewing sentences of those persons while this case is coming up. We will have to put the review of these cases on hold pending that matter. Suppose we proceed with the review of cases, and the Privy Council reverses its own judgment in the Balkissoon Roodal case, a lot of judicial time would have been wasted.” The Chief Justice understands that nine Law Lords will sit in the Privy Council to hear this matter. It will be the very first time that nine Lords will be sitting together in any case to hear an appeal. “You see how important this case will be,” CJ Sharma added. CJ Sharma said he will be meeting with Barbados’ Chief Justice, Sir David Simmons, and the Chief Justice of the Eastern Caribbean States, Sir Dennis Byron, at the end of this month to discuss matters relating to the Roodal judgment and the plan by the Caribbean countries to challenge the recent Privy Council ruling.

Seven Lords sat on the Pratt and Morgan appeal in 1993 when the Privy Council ruled that convicted killers on Death Row for more than five years should not be executed. This ruling resulted in the commutation of the death sentences of more than 100 persons on Death Row in Trinidad. In the Privy Council Chambers on Downing Street, five Lords sit comfortably in a semi-circle. A panel of seven Lords will be cutting things close, but nine sitting together will make things uncomfortable for the presiding officers. Also, the bar table may very well become too small judging from the number of high profile attorneys who will be assembled in the Privy Council.

These will include the Attorneys General of Trinidad and Tobago, Barbados, and Jamaica, as well as top British constitutional lawyers. Since the Roodal judgment, three convicted killers - all women - have benefited. Angela Ramdeen, who was sentenced to death for killing and burying her two stepchildren in a manure grave in Carlsen Field in 1993, had her death sentence vacated by Justice Peter Jamadar earlier this month at the end of a constitutional motion. Ramdeen is scheduled to appear before a judge on a date to be fixed to have her sentence reviewed. In another decision on Friday, the Court of Appeal comprising Justices Lionel Jones, Margot Warner and Rolston Nelson, referred a case to the trial judge, Herbert Volney, for sentencing. Malharrie Dookran and her daughter were convicted for killing Chanandai Dookran-Bissoon on September 6, 1997. The Friday decision means that mother and daughter are to be removed from Death Row at Golden Grove.