32
aspects of the State’s domestic criminal law, including the evolution and current
status of the law of prosecutorial disclosure.
The expert witness found that there was no uniform practice in Trinidad and Tobago
as to how long a person might be detained after being arrested and added that there
is no "culture of keeping any written record in relation to persons taken to the police
station." As a result, it is unclear exactly when the arrests took place.
He added that there is no provision in Trinidad and Tobago requiring the State to
provide legal aid in anticipation of defence immediately upon arrest. Instead, the
accused may only request representation when first brought before a judge. Often it
can take up to six weeks before the first meeting with a lawyer.
He stated that there are different lawyers for the trial and appellate proceedings,
which tends to cause an additional delay given that the appellate lawyer often is not
informed of what occurred in the trial phase. In addition, Trinidad and Tobago does
not recognise the right to be tried within a reasonable time.
The expert witness stated that the imposition of the "mandatory death penalty" on a
person accused of intentionally taking another’s life may be the result of a confession
made by the accused prior to having had access to a lawyer or being informed of his
trial rights. Furthermore, there may not be a written statement or any other
evidence to corroborate what the accused said.
In his testimony, Desmond Allum asserted that Courts should have discretion to take
into account the circumstances of each individual offender in deciding whether or not
the death penalty should be imposed. He stated that there should be individualised
sentencing in death penalty cases and that this penalty should only be applied in
exceptional cases.
b)
Forensic Psychiatrist Nigel Eastman 86 addressed Amir Mowlah’s (Case No.
12,153) psychiatric condition and the possible psychiatric affliction he was suffering
from at the time of the murder, as well as the adequacy of the psychiatric
assessment conducted at trial.
He indicated that there is a grave shortage of psychiatric assistance (general and
forensic) in Trinidad and Tobago. There is lack of experience and training in legal
analysis for psychiatrists and most prefer not to work in this area due to the political
climate favouring the death penalty. He stated that there is no law providing an
86
The expert witness report of Nigel Eastman was submitted by the Inter-American Commission in
virtue of Mr. Eastman being a Consultant and Senior Lecturer in Forensic Psychiatry at St. George's
Hospital Medical School, University of London. In his written report, received by the Court on February 11,
2002 (supra para. 50), the expert indicated that he has five years experience in cases related to Trinidad
and Tobago, Saint Vincent and the Grenadines, and Jamaica, as well as working with the Privy Council, the
Eastern Caribbean Appeal Court and the Court of Appeal of Trinidad and Tobago. Nigel Eastman's written
report examines the following issues: the relevance of psychiatry to the criminal justice process in
determining guilt and sentencing, specifically in relation to murder trials in the Caribbean; the psychiatric
assessment process; legal provisions related to performing psychiatric assessments in Trinidad and
Tobago; a comparative analysis of legal provisions related to psychiatric assessments in Trinidad and
Tobago and the United Kingdom; practical recommendations for reform; and mental disorders specifically
related to the "mandatory imposition of the death penalty." The expert witness concluded that the
facilities and available personnel in Trinidad and Tobago as well as in other Caribbean Islands are
inadequate for carrying out assessments of those accused of capital offences and appellants that have
already been convicted. Cf. Filed as "Expert Witness Report from Nigel Eastman," supra note 78.