THE EDITOR: The case of Birmal Roy Pariah v The State April 15, 2003 which resulted in manslaughter verdicts for three killings has outraged a misinformed public opinion.

As the Privy Council put it in a model judgment: “When an issue of provocation arises, Section 4B of the Offences against the Person Act requires the jury to consider two questions: first, whether the defendant was in fact provoked to lose his self-control (the subjective test) and, secondly, if so, whether the provocation was enough to make a reasonable man do as he did (the objective test). Where there is evidence of the good character of a defendant, the judge should give the jury a direction both as to the relevance of that evidence to the defendant’s credibility (“the first limb”) and as to the likelihood of his having committed the offence charged (“the second limb”). Simply put, neither the trial judge nor the Court of Appeal fully recognised the importance of this point of law. Moreover, the State had the option to re-try Pariah, and he would most likely have received the death penalty. It declined, and the Privy Council had no alternative but to commute the death penalty to life imprisonment. So let us not give the Privy Council a bum rap.

This case raises some important issues for our Caribbean Court of Justice. If judges are politically appointed or interpret the law incorrectly, how likely is it that defendants will receive justice? Again, the mandatory sentence of death for murder is inflexible, and provides no opportunity for alternative punishments or the consideration of mitigating circumstances. It is definitely antiquated. No doubt the members of the Mercy Committee are good and decent men, but they operate in secret and justice must not only be done, but also seen to be done. In the US, for example, a death penalty statute must provide the sentencing body (judge or jury) with standards to guide its consideration of aggravating and mitigating circumstances. It must also provide a review procedure to protect against the arbitrary and capricious imposition of the penalty. There must be a meaningful opportunity to consider any mitigating circumstances “any aspect of a defendant’s character or record and any of the circumstances of the offence” … This is conveniently done during the sentencing phase of a criminal trial. Thus, if the defendant is convicted of murder, the same jury will then listen to mitigating evidence to determine if the defendant should suffer the death penalty or be given a term of imprisonment. The Privy Council’s decision above is, therefore, both within the law as well as in line with US Supreme Court’s judicial thinking. It is also important to note that a duty of the Privy Council, as our Supreme Court, is to keep the law consistent with evolving standards of fairness, justice, decency, and humanity, and this means introducing change (however unwelcome) when deemed necessary.

Our Caribbean Court of Justice will assist in the implementation of Vision 2020 by campaigning for a statute that includes the alternatives of imprisonment or death for murder, and a sentencing phase after trial in which victim-impact statements as well as mitigating evidence (eg character evidence) can be considered by the jury. This raises the issue whether we should keep the death penalty. The argument that it is cruel and inhumane does not answer the question “in what respects?” Is the reference to the method or to the act of execution? If the former, alternative methods can be readily found; if the latter, there are far more disgusting acts of cruelty in different parts of the world that receive very little condemnation. Take India, from time immemorial the Dalits have been treated as sub-humans, and subjected to racism, discrimination, and unremitting cruelty, including acid splashed in their faces, gang rapes (mothers or daughters) and murder because Brahminical Hinduism deems their presence to be spiritually polluting in the extreme. Why is there sympathy for the condemned murderer in TT and no compassion for the victims of this creeping genocide? This is especially hypocritical considering that the Maha Sabha actively promotes Brahminical Hinduism principles under the guise of “Indo culture”, indeed seeks to put Brahminical Hinduism on a par with Christianity. In the US, a “cruel and unusual punishment” is one that does not receive a sufficient national consensus for, in a democracy, that is a criterion of policy. The death penalty is retained because a majority of voters want it as a response to the awful murders that are committed. The danger here is that this consensus may clash with evolving standards of justice and humanity. Nevertheless, it is a factor that must be considered.

The argument that research indicates that the death penalty does not deter, and therefore it should be abolished overlooks that its primary function is as a punishment. It is also a collective expression of the feelings of society (the national consensus factor). It also does deter many who choose to operate within the law. The so-called research is flawed in that no comparisons are made of the rates for different types of murder or geographical regions to see which have/have not increased, nor do the rates reflect correlations with the specific emergent features of a changing urban society that predispose to violence and murder. Murder, in the final analysis, is a legal description of an act performed in specific social circumstances, and it is important to chart the influence/progression of relevant social factors or changes that may be causally related to such acts. If these can be identified, something can then be done about the incidence of murder. Lastly, murder rates reflect convictions for murder. But a jury’s conviction for murder is a legal judgement often influenced by several factors: for example, the errors or misconduct of police officers, the prosecution, and witnesses, the incompetence of defence counsel, the bias of the judge and the jury itself. Murder rates are therefore implicitly flawed and misleading. Indeed, the science of DNA shows that many on death row should not have been convicted at all. This is, however, a very strong argument for the abolition of the death penalty. Those who say that the death penalty is state killing and promotes violence overlook the fact that the state is the collective embodiment of its citizens, and expresses as far as possible their views and feelings on different issues. Its enforcement of the law that applies to all is an attempt to be impartial and public in the administration of justice. This elicits support and compassion from other citizens for the victim’s relatives, and help them cope with their depression and pain. State executions are certainly preferable to arbitrary individual executions.

As the philosopher Jean Paul Sartre has pointed out, there is a morality to revenge. Killing someone who has ravished your mother is not morally wrong, though it is certainly legally wrong. Revenge is a form of reciprocity, which underlies the idea of “the scales of justice”, and which regulates all aspects of social life. If X gives Y some channa, X expects Y to return the favour; love me tender, and I’ll love you sweet. However, there is the danger that consuming feelings of personal revenge may distort one’s life or personality in a destructive way, so that calm, rational analysis should always be encouraged. Nevertheless, it would be insensitive, immoral, and a trivalisation of their pain to suggest that those who call for revenge are in some way lacking or promoting violence. “Violence” has a social definition relative to both time and place, and personal values are important in shaping attitudes to violence. I incline to the abolition of the death penalty for two reasons. In the US the majority of convicts on death row are African-Americans. Many are victims of incompetence on the part of defence counsel and the police. Moreover, their impoverished childhood environments predispose to crime and violence as pressing options for status and survival, and crime becomes a way of life. In effect, they are executed for being black and poor, for committing a crime to escape poverty, and for being incompetently defended (good lawyers cost money). Their crimes are an indictment of their society’s racism and institutionalised inequality. It’s a no-win situation for them. My second reason is that the abolition of the death penalty would make it possible to apply pressure on those corrupt leaders and governments with a taste for the torture and murder of their citizens. If only the US would show some leadership here!

KENNETH AQUAN-ASSEE
Port-of-Spain

THE EDITOR: South East Port-of-Spain Youth Development Programme will like to record its full endorsement and support for the efforts of Mr Lennox Smith and the Ad Hoc Committee For The Eradication Of Crime in Laventille in attempting to meet the challenges of crime reduction in contemporary behind-the-bridge. No one can deny that this social problem is the most significant since the steelband riots of east Port-of-Spain. Surely the gang killings, the violent murders and the decaying moral value for life and property is a phenomenon Donald Stedmond, Spree Simon, Bertie Marshall and the Desperados Genius could not contemplate if they were alive

Yes, there was violence, but it was always tempered with an unwritten understanding that no one should die. In other words, the value on life was put at such a high value that the most violent outbreak/clashes would result in wounding rather than death. The choice of weapon then was a ‘3-cannal’. Today we see the proliferation of guns and a level of lawlessness never before experienced in behind-the-bridge communities. In many parts of Morvant and Laventille one is routinely awakened by menacing gun shots that punctuate the nights and arouse an anxiety that makes one wonder whether he or she will live to see daybreak. This is the challenge Mr Smith, Archbishop Burke and other dedicated Laventille souls face. It is nice to see that personalities such as Sean Francis, Rennie Paul and Sheldon Scott are lending assistance to the effort. Clearly we have much to lose as a community. No doubt the conference must not fail, since the future of our children and the community of behind-the-bridge depend on a successful outcome. You have our prayer and support for a better community.

STEPHENSON BROWNE
Chairman, South East
Port-of-Spain
Youth Development Programme

THE EDITOR: It seems that both doctors and the public are being misguided about health issues in the twin island Republic. The medical profession ( a minority or a majority?) and the Minister of Health are locked in some kind of power struggle regarding the suitability of Cuban doctors for employment in the Government Medical Services. Sadly, while this painful labour continues, many of the more crucial and long-term issues are being sidelined by both parties.

One can mention just one — the inevitable far-reaching, long-term adverse effects on the junk food and soft drinks being advertised to the uninformed public and the innocent children of all ages. It is only a myopic administration (certainly not one with 20/20 vision) that can ignore the consequences to the current and future health of the nation which will inevitably result from the lifestyle encouraged by vested interests in the community. Countries years in advance of us are addressing the problem aggressively. And I quote from some aspects of this approach by the Australian government and the EU. “Australian government moves to tackle the health issues caused by the one in five children who are obese….a million overweight children in Australia who were under the tremendous influence of those making commercials…..99 percent of television food commercials during children’s viewing periods were for sweets and drinks of little nutritional value….the proliferation of junk food that’s sprung up in this country because as a society we will be paying the price in health in years to come….an interim report shows that children under 10 who have obese parents have more than double the risk of becoming obese adults than their peers with average weight parents. In older obese adolescents the figure may be as high as 78 percent….physical activity and active play among children has declined considerably in the past ten years.

Does all this sound familiar? We already know the effects of obesity, and we must be aware of the epidemic of diabetes, high blood pressure and their dreadful complications. The gimmick of giving “free (cheap) drugs” to the elderly is akin to setting your house on fire and using a garden hose to douse the remaining burning embers. Our administration must not keep the voters ignorant of the impending disaster that will certainly befall the country in the coming years when there will be increasing numbers of sick (and unproductive) people. How does a country survive when less and less of its citizens are working to provide for more and more sick and disabled? No country will ever have the financial or medical resources to manage the monumental task of treating a sick nation, of spending the vast sums required for the increasingly expensive medical technology. The problems must therefore be confronted now, and there will be many toes to tread on. But neither the Administration nor the Medical Profession can shirk their responsibility.

DR B CHAPMAN BOYD
Arima

THE EDITOR: We are living in very sad and fearful times, when the very law that we turn to for protection has lost its power to be of effective service to abused women and children. Our lawmakers have to readdress the domestic violence laws, in affording women and children the kind of protection that is necessary for their growth and safety.

And also a plan of redemption for the abuser. An abuser is someone who is mentally unbalanced, and that individual needs help; for most people of a similar nature are too blind to recognise their needs and seek professional assistance. The court should be empowered to provide such help for these persons, and may I suggest that they should be given no choice in the matter. With the appropriate assistance, we as a people can save some, if not all those affected by abuse. The redemption of one will have a positive effect on the lives of an entire family, and more. In life generally, we seem always set on treating the symptoms and never the cause of the disease.

Protective custody should be readily available for the victim and children of the victim, if she so chooses, from the moment the application is made for the protection order. On the day/days of the hearing, she should never be allowed to enter or leave the courtroom unprotected. Those at her workplace should be appraised of her situation so that care could be taken in giving out information, and that arrangements can be put in place to ensure her safety. If unemployed she should be trained within a field suitable to her, to enable her to secure some form of financial independence.

I know putting these things into place would take time and money, but the life of a human being is more than time or money, because once destroyed no amount of money or time can bring back one’s life. To those who survive the trauma of abuse, physical, verbal or otherwise, their children remain psychologically damaged, the vicious cycle of that type of life continues to multiply, and society will eventually reap a whirlwind of mental and psychological damage to human beings. Please save our women, our children and the next generation of men. We all need each other.

MARY LEE
Arima

THE EDITOR: It is no secret that our twin island republic of Trinidad and Tobago is renowned for its beautiful beaches and scenic surroundings.

Tourists from all over the world travel to our shores to get a taste of our sun, sea and sand. Locals grab any opportunity they can get to journey to our various rivers and bays to enjoy a day of fun and relaxation. Whether it’s a get together with some good old friends or a cook amongst relatives, the river or the beach is the place to be. I had the opportunity to visit the Tyrico beach over the weekend. I had not been there for some time now. What was very disturbing to me was the unclean surroundings that I met when I got there. Waste and debris littered all over the place. Cups, plates, bottles, plastic bags etc. were scattered all across the beach. Even the grass was tall as though it had not been cut for a while. This attracted a lot of mosquitoes, which made the surroundings quite an uncomfortable place.

I urge the general public to desist from turning our beautiful beaches into dumps. It is not very difficult for us to simply take a garbage bag with us to the beach so that we can put our rubbish in it and put it in a bin. I also call upon the authorities to post litter wardens at such locations and to implement fines and penalties for those who disregard the law. Come on TT, let’s take pride in our beautiful islands and treat them like we would treat our own homes. After all, cleanliness is next to godliness.

K JOSEPH
San Juan

THE EDITOR: I saw Carnival Messiah on Wednesday, 30. I was accompanied by three friends, each of us paying $200 for our seats. This is the highest price I have ever paid to attend any event in this country. Suffice it to say my friends and I agreed it was worth every penny.

I take issue with Terry Joseph’s critique that the show lacked a story line. The story is one of the oldest, if not the oldest, ever told. Terry also suggested that “High Mass” would have been a wise addition to the music and that Eddie Cumberbatch would have been a better choice for the solo. These are personal opinions which, to my mind, one can take or leave. They do not affect the intrinsic value of what we enjoyed. Peter Minshall’s review is something else entirely. It seems he went out of his way to be vicious, to show petty jealousy and to gratuitously insult the producer, Geraldine Connor; one of his own faithful crew, Allyson Brown and Carol La Chappelle.

What was Allyson’s crime? Is it that she dared to perform in a production that he Peter, was not part of? So she did things that (he claims) she learned at Chaguaramas! Big deal! I am sure that many of the creations that Peter has produced have had their genesis in some past exposure to others’ works. No, Peter, you have done yourself a great disservice with that review. The headline “Raw sewage” can better be used to describe your review rather than Carnival Messiah. The standing ovation it received the night I attended was thoroughly deserved.

MERVYN E TELFER
St James

THE EDITOR: Two factors generally cause the destruction of a culture: (1) Over indulgence in materialism (2) Violence. During wars, the children die before their parents. Violence facilitates the rapid decline of culture.

As a result, the USA is destined to go the way of gladiatorial Rome of the second century BC: great wealth, unexpectedly put into the hands of people unaccustomed even to very moderate wealth, is a danger to its possessors, to the people who have to live with them, and sometimes to the state. An old aristocracy, rich in land, may have its drawbacks; but sudden wealth in cash, out of other people’s pockets, is very difficult to handle; and so Rome found. What would you do if you quite suddenly became a millionaire? Rome gave various answers to this question, and most of them included eating, dressing, building, and amusing oneself on a scale never heard of in Rome before. Better cooks, larger houses, immense gardens, the multiplication of slaves, luxuries, the theatre, beast-shows, gladiatorial games, consumed a great deal of the new wealth; and it was all unproductive expenditure; it did not increase productive power; the capital was wasted, and lost to mankind, despite the ranting and ravings of the ‘Major Prophets.’ The Romans, as the people of Sodom and Gomorrah, all went the way of the madding crowd and Nebuchadnezzar.

Usually the tin-gods linger on but when they suffer to fate their sins fall on to their children, unto third and fourth generations. How many persons would there be to shower praises on the several tin-gods, which sprung up in Trinidad and Tobago after the country was exited by Britain, is left to be seen. And on being disentangled from the University of London we have only the university of Woodford Square to contend with. Yet no one among us can say like Moses “Fear ye not, stand still and see the salvation of the Lord, which ye shall see today, for the ‘Egyptians’ we have seen today we shall see no more forever and He, the Lord, shall hold your peace.” Indeed there is no Lord, there is only mammon!

DENNIS R JAMES
Morvant

THE EDITOR: I have carefully followed the arguments of Aspire for legalising abortion in Trinidad and Tobago.

I have also carefully read their document outlining what they intend to do and why. In their statements in press and on radio and more clearly in their extraordinary suggestions for legislation, Aspire makes no secret of the fact that this abortion is deliberately geared to the poor. In some of their more honest statements this directing towards the poor is in order that the poor do not reproduce children who would themselves be poor reproducing poverty. This interest in the poor was shared by Fujimoro’s Government in Peru. Encouraged by women’s groups, congratulated by the relevant UN Organisations, lauded by Family Planning Associations, Fujimoro’s Government launched a sterilisation programme deliberately directed towards Peru’s poor.

According to the BBC, 300,000 poor ‘Indian’ Peruvian women were pressured or forced to be sterilised. Well Fujimoro is now wanted for genocide, ie, the deliberate policy of solving poverty by preventing a particular sector of a population, in this case the poor, from having children. Some women’s groups, faced with the horror other women have gone through, have been reluctant to speak out against Peru’s policy. Poor women have not. The Peruvian case is a test case, ie, where countries deliberately target any specific sector of their population for population policies aimed at curtailing their reproduction, does this come under genocidal acts? The poor are vulnerable, easily pressured and easily given slanted information whatever the ‘counselling’ clause, as the Peru case of so-called ‘voluntary’ sterilisation illustrates.

MARION O’CALLAGHAN
Woodbrook

THE EDITOR: Homosexuals do it overtly while lesbians carry on their lifestyles undercover.

Gays believe that they have a place in society and are fighting for their rights in every aspect. In the area of religion, one priest has already stated that the New Testament is better than the Old with regard to the treatment of homosexuals. After all, God loves sinners but not what they do. Romans 1: 18-28 make this very clear. In a permissive society like the United States of America it is easy for an openly gay person to be elected as a cleric and that has brought a ripple of condemnation throughout the worldwide Anglican communion.

This is the unfortunate reason why certain countries view America, the defender of Israel, as the Great Satan and justify acts like the twin bombing of its embassies in Kenya and Tanzania and the destruction of the World Trade Organisation Twin Towers in New York. Morality in that part of the western hemisphere is based on relativity and not absolutes, and it is ironical that a nation that was built by the Pilgrim Fathers on the basis of religious freedom is using its intellectuality to suppress not only religion but also righteousness. While the Republican Party has considerable support from the full gospel churches, this is not the case with the Democrats who have a history of being anticleric. It was stated by one radio presenter that although America has the Statue of Liberty, it needs to build a Statue of Responsibility!

JEFFREY M JOSEPH
Fyzabad

THE EDITOR: I have just completed viewing a two-hour documentary entitled Mandela. It was a beautiful and emotional experience as it dealt with the life of Nelson Mandela from his earliest childhood to his being sworn in as the first real President of South Africa. Of course those of us who are and have been “Mandela Watchers” for a long time and are familiar with his writings, and writings about him, are aware of his many tribulations on the way to the presidency.

However seeing the film brought out some realities which one cannot readily recognise in the written word. For example, the film shows the early African warriors fighting with spears against Europeans armed with guns. It is to the credit of the genius of the African military leaders that the Africans were successful. And it is that same military genius that in the 1980s the ANC decided to use to rid the country of the minority white regime. Among the first to volunteer for military training in the Sudan and Libya was none other than the great man himself. Unfortunately upon his return to South Africa he was arrested and charged with “Leaving South Africa without permission of the Government.” Of course treason charges followed later. It was great to see at the presidential inauguration leaders from more than 100 countries from all over the world. Among the leaders paying homage to Mandela were Palestinian President Yasser Arafat and Cuban President Fidel Castro. I wondered at the fact that President Mandela was proud to call these two men his friends at the same time as President George Bush regard those two men as his enemies and enemies of the American people.

While looking at the film, I also recalled sadly the number of times both Clive Nunez and I tried to get both the PNM Government and the Port-of-Spain City Council to honour Mr Mandela by re-naming Frederick Street, Port-of-Spain, Nelson Mandela Avenue. All our pleas over the years have fallen on deaf ears. Imagine Mr Mandela has been honoured with street names in many boroughs in London, England and in many other cities in Britain. The same applies to cities in Australia, India, Canada and several states in the USA and in Europe. Mr Mandela has similarly been honoured in Norway, Sweden, Denmark, France, Holland, other European countries and even in Morocco. He has been similarly honoured in North African countries like Egypt, Sudan, Libya etc, West African countries like Nigeria, Ghana. If I am not mistaken the great man has similarly been honoured by the Government of Jamaica. For my part I have no idea why the TV station chose to air that documentary today July 24, but I suspect that it is because the great man celebrated his 85th birthday recently with a massive international birthday party which even former President Bill Clinton among other world leaders attended. It would be a great 85th birthday present to Mr Mandela if the Port-of-Spain City Council were to name Nelson Mandela Avenue with effect from September 1, 2003. Indeed it would even be a great Emancipation present.

ATTA K O KUJIFI
Champs Fleurs