3
c)
On November 17, 1995, Mr. Allan Phillip (case 12,151) was convicted
and sentenced to a “mandatory death penalty” by hanging for the
murder of Brian Barrow;
d)
On May 24, 1996, Mr. Narine Sooklal (case 12,152) was convicted and
sentenced to a “mandatory death penalty” by hanging for the murder
of Mobina Ali;
e)
On October 27, 1997, Mr. Amir Mowlah (case 12,153) was convicted
and sentenced to a “mandatory death penalty” by hanging for the
murder of Shaffina Mowlah;
f)
On February 17, 1995, Mr. Mervyn Parris (case 12,156) was convicted
and sentenced to a “mandatory death penalty” by hanging for the
murder of Anthony Gittens;
g)
On May 24, 1996, Mr. Francis Mansingh (case 12,157) was convicted
and sentenced to a “mandatory death penalty” by hanging for the
murder of Mobina Ali;
h)
In all seven cases, the alleged victims were tried by Trinidad and
Tobago for the crime of murder, were convicted, and sentenced to
death by hanging, under the Offences Against the Person Act. Once an
offender is found guilty of murder, section 4 of the said Act “mandates
the death penalty”, establishing that “all persons sentenced for murder
will suffer death”;
i)
The Offences Against the Person Act provides a definition of “murder”,
permits a jury to consider certain circumstances of a killing in
determining whether the offender ought to be found guilty of murder or
of a lesser offence, mandates the imposition of the death penalty on an
offender found guilty of murder, but does not permit a judge or jury to
consider the personal circumstances of an offender or his or her
offence;
j)
Domestic judicial review proceedings in respect of a criminal conviction
may take two forms: a criminal appeal against conviction or a
constitutional motion under Section 14 of the Constitution. Article 6 of
the Trinidad and Tobago Constitution shields from challenge, under
sections 4 and 5 of the Constitution, any claim that a law or any action
taken under the authority of any law existing in 1976, the date of
commencement of the Constitution, violates the fundamental rights
under sections 4 and 5 of the Constitution. This includes any argument
that the executive act of carrying out a death sentence pronounced by
a court under a law that was in force in 1976 abrogates, abridges or
infringes in any way a condemned individual’s Constitutional rights or
freedoms;
k)
In addition, section 4 of the Trinidad and Tobago Constitution only
guarantees the right to a fair trial, and not a speedy trial, within a
reasonable time. Consequently, a lengthy pre-trial delay in a criminal
case cannot, in and of itself, raise an issue under the Trinidad and
Tobago Constitution, rather, it is simply a factor for the trial judge to
take into account when assessing the overall question of fairness;