Chuck Attin seeks release from jail

Chuck Attin — who in 1997 was first sentenced to death for the brutal double murder of Candace Scott and Karen Sa Gomes at Westmoorings, but later sentenced to be detained at the “State’s pleasure” — is now seeking to get out of jail by means of a constitutional motion. His partner in crime, Noel Seepersad, was sentenced to death by hanging. Attin, who was 16 years old when he committed the murders and under the age of 18 when sentenced, is now saying that he should have been sentenced “at the Court’s pleasure” and not the “State’s pleasure” as was announced by sentencing judge Justice Lionel Jones. In his documents filed in the Registry of the Port-of-Spain High Court on Thursday by instructing attorney Keith Scotland of the law firm Justitia Omnibus, Attin is contending that the sentence imposed by Justice Jones was illegal and contrary to law since it is in breach of the separation of powers doctrine underlying the Constitution - in that it transfers from the Judiciary (Court) to the Executive (Government) a discretion to determine the severity of the punishment to be inflicted upon persons under 18 years who commit murder. He further contends that the sentencing order — that he be detained at the State’s pleasure — deprived him of his liberty, not in execution of a sentence of a Court, but at the discretion of the Executive. Therefore, he is asserting, that he was not afforded a fair hearing by an independent and impartial Court.

Traditionally, offenders under the age of 18 are sentenced “at the State’s pleasure” pursuant to section 79 of the Children Act.  However, in a recent Privy Council judgment, their lordships ruled that under the separation of powers doctrine, the “State” cannot sentence a guilty offender, only the Court. Attin, whose advocate attorney is Dana Seetahal, is asking the Court to declare that his detention at the State’s pleasure was illegal and as a result, it deprived him of his liberty in that it was not due process of law, and therefore contravened his rights to protection of the law. He also wants the Court to set aside Justice Jones’ order and it be substituted to read detention “at the Court’s pleasure.” He is seeking a further declaration: Section 79 of the Children Act be modified to read at the “Court’s pleasure” instead of  “State’s pleasure, ” and that the word “Court” in section 81 of the same Act be substituted by the word “Minister”. He also wants the Commissioner of Prisons to provide the Court with all records relative to his conduct, progress and development whilst in prison for the double murder. Finally, he is asking the Court for a declaration of costs and damages and an order that he be released forthwith “on licence pursuant to Section 81 of the Children Act as modified.”       Attin, who is now 25, is presently an inmate at the Maximum Security Prison, Waterloo Road, Arouca.

On July 14, 1994, he was arrested together with Noel Seepersad for the murders of Scott and Sa Gomes which were committed on July 11, 1994 at the women’s Westmooring’s home. They had raped, stabbed, strangled and robbed the women over a three-and-a-half-hour ordeal. Both men were tried in January and February 1997 and found guilty of the double murder. On February 7, 1997, Seepersad was sentenced to death by hanging while Attin was detained at the “State’s pleasure.” He appealed, but it was dismissed by the Court of Appeal on November 28, 1997.  Even his attempt to appeal to the Privy Council was unsuccessful. Attin said that sometime in May 2003, he read in the newspaper that a sentence of detention at the State’s pleasure could be illegal, and as a result wrote to his attorneys concerning the legality of his sentence. He complains that since his detention, he was never been brought before a Court for a review of his conduct, progress and development.