PROTECTION OF RIGHTS AND FREEDOMS 5. (1) Except as is otherwise expressly provided in this Chapter and in section 54, no law may abrogate, abridge or infringe or authorise the abrogation, abridgment or infringement of any of the rights and freedoms hereinbefore recognised and declared. (2) Without prejudice to subsection (1), but subject to this Chapter and to section 54, Parliament may not— […] (b) impose or authorise the imposition of cruel and unusual treatment or punishment; 25. Section 6 of the Constitution of Trinidad and Tobago provides: SAVINGS FOR EXISTING LAW 6. (l) Nothing in sections 4 and 5 shall invalidate — (a) an existing law; B. Facts of the case 26. According to the court record,16 the alleged victims were arrested by the police on February 24, 1995 and charged with the February 20, 1995 murder of Junior Baptiste (Mr. Baptiste), primarily based on the identification evidence of Junior’s elder brother, Shawn Baptiste (Shawn). Junior had been shot in the early hours of February 20, 1995 and had died in hospital early the following day. The shooting took place in the presence of Shawn and of Shawn’s girlfriend, Alicia Henry (Ms. Henry), in Shawn’s apartment in Laventille.17 According to the court record,18 at about 2:50am two attackers entered the apartment and Mr. Baptiste was shot seven times. Ms. Henry suffered three entry wounds believed to be from the same bullets that passed through Mr. Baptiste who had fallen on top of Ms. Henry during the attack. Shawn Baptiste ran out of the apartment followed by both attackers, he escaped and returned to take the two victims to the hospital. Thereafter a report was made to the police station, and police officers secured the apartment but did not search the premises. At the hospital, Junior Baptiste was questioned by a police officer in the presence of a doctor. On being asked who attacked him, he replied, “Maxwell and Peter shoot me”. Junior Baptiste was not in a condition to give a formal statement and died later of shock and hemorrhage. 27. The alleged victims of this petition were arrested on February 24, 1995, they were identified by Shawn Baptiste on February 28, 1995, who served as the main prosecution witness, and whose account of events served as primary evidence in the matter.19 C. Trial and death sentence 28. On January 21, 1997, following a four-day trial,20 Kelvin Dial and Andrew Dottin were convicted by a jury's unanimous verdict for the murder of Junior Baptiste and sentenced to the mandatory death penalty by the High Court of Justice in Port of Spain. D. Post-conviction 29. The alleged victims appealed their convictions and death sentences to the Court of Appeal of Trinidad and Tobago.21 The Court of Appeal, in a judgment dated October 16, 1997, dismissed their appeals and affirmed their convictions. The grounds of appeal focused on the judge’s directions on identification and alibi and the judge’s refusal to give a joint enterprise direction. Dial and another v The State (Trinidad and Tobago) [2005] UKPC 4. Dial & Anor v. The State (Trinidad and Tobago) [2005] UKPC 4, para 1. 18 Dial and another v The State (Trinidad and Tobago) [2005] UKPC 4, para 6. 19 Dial and another v The State (Trinidad and Tobago) [2005] UKPC 4. 20 The trial took place on 15, 17, 20 and 21 January 1997, Dial & Anor v. The State (Trinidad and Tobago) [2005] UKPC 4. 21 Dial and another v The State (Trinidad and Tobago) [2005] UKPC 4. 16 17 5