‘Let politicians stay far from hangman’

THE DEATH PENALTY CASE - DAY 6

BRITISH Queen’s Counsel Edward Fitzgerald told the Privy Council yesterday that they must not allow politicians to determine the fate of convicted killers. Fitzgerald, who represents Trinidadian killer Charles Matthews, said it was wrong to place a convicted man’s life in the Mercy Committee, which is controlled by the politicians. “You can’t leave it to the politician and the prosecutor. Here you have the Minister of Public Safety (Minister of National Security), taking advice from the Attorney General, and another member is the Director of Public Prosecutions. Then you have four other persons, if they are there, we don’t know they are there.

“This is a clear example of the executive performing the functions of the judiciary,” Fitzgerald told the Law Lords. The British QC said it was wrong to leave the fate of a condemned man in the hands of the Mercy Committee. He felt that the judiciary should have the final say in cases of murder. He said that despite the existence of the Mercy Committee, people were still being executed. “There are three of them — the Minister, the Attorney General, and the DPP. Could you get more executive than that?” he asked. “You can’t have a more executive Mercy Committee than in Trinidad and Tobago.”

LORD SCOTT: But that is the point you have already made. If you are wrong on these points, I do not see how you can prove your position by reference to the doctrine of the separation of powers.
FITZGERALD: There is a discretionary power in the eastern Caribbean. There is a pardon power in America based on the mandatory death penalty system.
Counsel said he had no quarrel with the existence of a system of review of all cases. “What is objectionable is having the Mercy Committee as the substitute for judicial matters. It is for the judiciary to guard against the deprivation of life.”
JUSTICE ZACCA: Suppose there is a sentencing hearing and the judge imposes the death penalty on the accused, is there anything wrong with that?
FITZGERALD: No, my Lord.
JUSTICE ZACCA: Then it goes to the Governor General, isn’t that the issue of the intervention of the separation of power?
FITZGERALD: No, my Lord.
LORD HOPE: Let’s say that you are wrong on your submissions, what about Matthews and all those on death row? How far back should we roll?
FITZGERALD: Matthews had a legitimate expectation that he will not be executed and that he will come up for a sentencing review. I hope we don’t reach to that.
LORD HOPE: How should we deal with your client’s case if you are not successful?
FITZGERALD: It would be wrong to execute my client. It would be  wrong for Matthews to be executed. There were three cases which have been referred by the Court of Appeal of Trinidad for review by the trial judge. The people there are acting as if Roodal was proper.
LORD NICHOLLS: If the Board decides otherwise, sending the matter back to the judge will achieve nothing?
FITZGERALD: It would be wrong to impose the death penalty. Maybe, it would be correct in those circumstances to impose a life sentence, my Lord. But I submit, you should not depart from Roodal.
Fitzgerald informed the Law Lords of three TT cases where the death penalty was carried out while there were mitigating circumstances.
In the case of Dole Chadee, he said that Chadee and eight members of his gang were executed over three days. He said there was a mitigating factor as one of those executed was just 18 years old.
He said Tony Briggs was executed, although it was a domestic case. He pointed out that Glen Ashby was hanged although his case was before the Privy Council.

Lord Bingham promises early judgment

LORD BINGHAM, President of the Privy Council, has promised an early judgment in the death penalty appeal. When submissions ended at 4.10 pm yesterday, Lord Bingham thanked all attorneys for their arguments over the last six days. He said the Board would consider the arguments and will give their judgment in due course. It was the first time in the history of the Privy Council that nine judges sat on one case. Missing from the last day were Trinidadian attorneys Desmond Allum, Frank Solomon, Douglas Mendes, and Barbados Attorney General Mia Mottley, all of whom left for home.