Trinidad"s Attorney General - Help us bring hangman back

Sunday, January 11, 2015 | 2:33 AM    

PORT OF SPAIN, Trinidad – As the country grapples with a murderous start to 2015, Govern¬ment is seeking to bring back the hangman by once again returning the death penalty legislation to Parliament.

There have been 16 murders in the country in the past ten days.

In February 2011, the contro¬ver¬sial “Hanging Bill” failed to secure a majority vote in the House of Representatives as the Opposition raised concerns over provisions in the legislation.

The bill was defeated as 29 Gov¬ernment members voted for the bill and 11 members of the Opposition People’s National Movement (PNM) voted against it.

As the People’s Partnership’s tenure of office comes to an end this year, the ruling party intends to once again make another effort to ensure the death penalty is carried out in the country.

Prime Minister Kamla Persad-Bissessar had signalled last year her Government will again try to work with the Opposition to make this a reality, given the high murder toll.

At the Parliament sitting last Fri¬day, at Tower D, International Waterfront Centre, Port of Spain, Attorney General Anand Ramlo¬gan han¬ded Opposition Leader Dr Keith Rowley a letter, requesting the

PNM make proposals to ensure the Constitution (Amendment) (Capital Offences) Bill, 2015 is passed this year.

Ramlogan stated in his letter the intention of this bill is to allow the

State to carry out the sen¬tence of death imposed by the courts on con¬victed murderers, regardless of how long they take to exhaust the various appellate procedures.

Ramlogan pointed out that in 2011 when the bill was brought to Par¬lia¬ment, the Opposition supported the death penalty as the mandatory sentence for murder.

He further noted Opposition MP Marlene McDonald indicated the Opposition was in agreement that the death penalty is good law and had stated, “The position of the PNM is that we support the law of the land, and the law of the land is in Section IV of the Offences Against the Per¬son Act, which says, ‘Every person convicted of murder shall suffer death’.”

He reminded that the Opposi¬tion voted against the Constitution (Amend-ment) (Capital Offences) Bill, 2011 although the Government made a major concession by remo¬ving the catego¬risation of murders.

“Again, the Gov¬ern¬ment would be happy to remove the categorisation of murders if the Oppo¬sition finds this objec¬tion¬able, and would support the measure,’’ stated Ram¬¬logan.

He stated subsequent to the last debate, he wrote on two occasions to soli¬cit legislative proposals from the Oppo¬si¬tion that supports the execu¬tion of convicted murderers who are sentenced to death.

“To date, I have not received any response from your Office, and I therefore renew my invitation from you to either indicate your support for the Constitution (Amendment) (Capi¬tal Offences) Bill, 2015 or pro¬vide a counter-proposal for the Government’s consideration,’’ stated Ramlogan.

“Having regard to the PNM’s public declaration of support for the implementation of the death penalty, I write to ask whether the Opposition would be minded to support the Gov¬ernment’s proposed bill to allow the sentence of death to be carried out,” he added.

“You would no doubt agree that the role of the Opposition is not limi¬ted to opposing but includes pro¬posing. It is untenable and unaccep¬table that a Parliament comprising elected members of Parliament from parties that support the death pen¬alty are unable to pass a simple amend¬ment for its implementation in the criminal justice system of Tri¬nidad and Tobago,’’ stated Ramlogan.

He pointed out in Jamaica, the Opposition joined hands with the Government in 2011 to pass simi¬lar legislation and amend its consti¬tution, section 13 (8), as follows:

13 (8) The execution of a sen¬tence of death imposed after the com¬¬mence¬ment of the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011 on any personfor an offence against the law of Jamaica shall not be held to be incon¬sistent with, or in contravention of, this section by reason of—

(a) the length of time which elap¬ses between the date on which the sentence is imposed and the date on which the sentence is executed

(b) the physical conditions or arrangements under which such person is detained pending the exe¬cution of the sentence, by virtue of any law or practice in force imme¬di¬ately before the commence¬ment of the Charter of Fun¬da¬mental Rights and Freedoms (Con¬stitutional Amend¬ment) Act, 2011.

Ramlogan stated Parliament had an inherent duty to ensure the rule of law was upheld and that laws are not passed in vain.

He added the death penalty was part of the laws of Trinidad and Tobago, and Parliament had a duty to respond to the legal manoeuvres by convicted murders that frustrate and defeat the carrying out of a sentence of death imposed by a court after trial before a judge and jury.

“Save and except for the catego¬ri¬sation of murders (which we are prepared to remove), the Govern¬ment’s bill is similar to the Jamaican legislation,” he said.

By Anna Ramdass anna.ramdass@trinidadexpress.com

SUNDAY EXPRESS

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Trinidad"s Attorney General - Help us bring hangman back

Antigua Attorney General ‘stable’ in hospital after collapse

Sunday, February 02, 2014 | 12:18 PM    

ST JOHN’S, Antigua (CMC) — Antigua and Barbuda’s Attorney General, Justin Simon QC, remained in hospital late Saturday in stable condition after collapsing at a restaurant, an official source has said.

Simon, said to be in his fifties, reportedly collapsed around 4.30 pm, while out with friends at Big Banana, a popular eatery in downtown St Johns.

He was rushed to the Mount St John’s Medical Centre, the main state hospital about a kilometre away.

A senior government official who said he was receiving regular updates on the attorney general’s health but asked not to be identified, told the Caribbean Media Corporation that Simon was conscious, alert and in stable condition.

Key figures in government could not be reached for details of Simon’s illness and condition.

The Dominica-born Simon was appointed as Minister of Legal Affairs and Attorney General in the original cabinet of Prime Minister Baldwin Spencer when his United Progressive Party (UPP) swept to power in March 2004, ending the 28-year rule of the Antigua Labour Party (ALP).

Simon, who had originally told Spencer he intended to serve one-term as the government’s principal legal adviser, has stayed on past the UPP’s election to a second term in office in 2009.

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Antigua Attorney General ‘stable’ in hospital after collapse

Attorney says tapes of Asafa"s interview were not "seized"

News

Friday, July 26, 2013 | 10:17 AM

KINGSTON, Jamaica – Milton Samuda, attorney-at-law for Asafa Powell and Sherone Simpson has denied “confiscating” or “seizing” tapes at an interview with the athletes conducted earlier this week.According to Samuda, journalists participating in the interview were told up-front that the questions would be restricted. “That was the basis on which the journalists agreed to participate. I did not select the journalists who participated,” Samuda said in a statement Friday. “At no time were the tapes ‘seized’ or ‘confiscated and certainly no ‘equipment’ was,” he said.“The fact that other questions were posed was the basis on which the journalists were asked for the tapes so as to remove those questions and the answers. “I made the request on the basis of the restoration of trust and the fulfillment of their agreement. The journalits acted honourably and complied with my request,” Samuda said, adding that his primary duty is to protect his clients’ interests. Samuda, who is also chairman of TVJ and a director of Radio Jamaica, said that at no time did he try to suggest to any media house what to publish or carry.“I do believe in, and fully support freedom of the press but I also appreciate that that freedom is based on integrity and the honouring of one’s word. Freedom of the press should not be pursued at the expense of honour. I applaud the forthright treatment of the matter by TVJ News, clearly demonstarting the fierce independence of that newsroom,” the attorney said.On Wednesday the Press Association of Jamaica (PAJ) chided Samuda for allegedly taking tapes from the journalists and editing the contents.Speaking on the PAJ’s question of conflict of interest Sanuda said, “I do not tolerate conflict of interest, but it cannot be that those of us who hold several different positions in society are ipso facto prevented from acting decisively in any.”

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Attorney says tapes of Asafa"s interview were not "seized"

Attorney says tapes of Asafa"s interview were not "seized"

News

Friday, July 26, 2013 | 10:17 AM

KINGSTON, Jamaica – Milton Samuda, attorney-at-law for Asafa Powell and Sherone Simpson has denied “confiscating” or “seizing” tapes at an interview with the athletes conducted earlier this week.According to Samuda, journalists participating in the interview were told up-front that the questions would be restricted. “That was the basis on which the journalists agreed to participate. I did not select the journalists who participated,” Samuda said in a statement Friday. “At no time were the tapes ‘seized’ or ‘confiscated and certainly no ‘equipment’ was,” he said.“The fact that other questions were posed was the basis on which the journalists were asked for the tapes so as to remove those questions and the answers. “I made the request on the basis of the restoration of trust and the fulfillment of their agreement. The journalits acted honourably and complied with my request,” Samuda said, adding that his primary duty is to protect his clients’ interests. Samuda, who is also chairman of TVJ and a director of Radio Jamaica, said that at no time did he try to suggest to any media house what to publish or carry.“I do believe in, and fully support freedom of the press but I also appreciate that that freedom is based on integrity and the honouring of one’s word. Freedom of the press should not be pursued at the expense of honour. I applaud the forthright treatment of the matter by TVJ News, clearly demonstarting the fierce independence of that newsroom,” the attorney said.On Wednesday the Press Association of Jamaica (PAJ) chided Samuda for allegedly taking tapes from the journalists and editing the contents.Speaking on the PAJ’s question of conflict of interest Sanuda said, “I do not tolerate conflict of interest, but it cannot be that those of us who hold several different positions in society are ipso facto prevented from acting decisively in any.”

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Attorney says tapes of Asafa"s interview were not "seized"

Attorney says tapes of Asafa"s interview were not "seized"

News

Friday, July 26, 2013 | 10:17 AM

KINGSTON, Jamaica – Milton Samuda, attorney-at-law for Asafa Powell and Sherone Simpson has denied “confiscating” or “seizing” tapes at an interview with the athletes conducted earlier this week.According to Samuda, journalists participating in the interview were told up-front that the questions would be restricted. “That was the basis on which the journalists agreed to participate. I did not select the journalists who participated,” Samuda said in a statement Friday. “At no time were the tapes ‘seized’ or ‘confiscated and certainly no ‘equipment’ was,” he said.“The fact that other questions were posed was the basis on which the journalists were asked for the tapes so as to remove those questions and the answers. “I made the request on the basis of the restoration of trust and the fulfillment of their agreement. The journalits acted honourably and complied with my request,” Samuda said, adding that his primary duty is to protect his clients’ interests. Samuda, who is also chairman of TVJ and a director of Radio Jamaica, said that at no time did he try to suggest to any media house what to publish or carry.“I do believe in, and fully support freedom of the press but I also appreciate that that freedom is based on integrity and the honouring of one’s word. Freedom of the press should not be pursued at the expense of honour. I applaud the forthright treatment of the matter by TVJ News, clearly demonstarting the fierce independence of that newsroom,” the attorney said.On Wednesday the Press Association of Jamaica (PAJ) chided Samuda for allegedly taking tapes from the journalists and editing the contents.Speaking on the PAJ’s question of conflict of interest Sanuda said, “I do not tolerate conflict of interest, but it cannot be that those of us who hold several different positions in society are ipso facto prevented from acting decisively in any.”

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Attorney says tapes of Asafa"s interview were not "seized"

PAJ chides Asafa"s attorney for seizing journalists’ equipment

KINGSTON, Jamaica — The Press Association of Jamaica (PAJ) has described as alarming the action of attorney Milton Samuda in confiscating journalists’ equipment after an interview with Asafa Powell and Sherone Simpson earlier this week.

The PAJ, in a statement Thursday, argued that except for threat to life or a Court Order, journalists should under no circumstances hand over notes or recordings to parties outside of their professional supervision.According to the PAJ video recordings of two journalists were seized by Samuda on Tuesday July 23 after an interview with the athletes. The interview was granted in light of positive tests for the banned substance ‘Oxilofrine’ on the part of both athletes and the subsequent controversy involving their trainer. Samuda is the attorney-at-law for Powell and Simpson.“During the interview when certain questions were raised about the supplements — the number of supplements they were taking before Christopher Xuereb was hired and how many they were taking after, as well as what they knew about the substance Oxilofrine, Samuda intervened and objected to those questions indicating that they had not previously agreed to answering those queries,” the PAJ statement said.“Mr Samuda then demanded both video recordings, and these were handed over.” The PAJ said the tapes were returned a day later with the interview erased and an edited version substituted.“We call on Mr Samuda to clearly state his position in what appears to be a conflict of interest in this matter. As guardians of freedom of expression and democracy this compromise of journalistic integrity cannot be tolerated,” the PAJ insisted.Samuda is also chairman of TVJ and Director of Radio Jamaica.“The commitment of journalists is to the public and we must use every opportunity to ask important questions without fear or favour. The information relayed must stand up to professional scrutiny.“It is our responsibility to ensure that information presented to the public is without bias and meets the standard of fairness and balance and in this case we cannot truly vouch that the information coming out of the edited interview met this criteria,” the PAJ said.Like our Facebook page https://www.facebook.com/jamaicaobserverFollow us on Twitter https://twitter.com/JamaicaObserver

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PAJ chides Asafa"s attorney for seizing journalists’ equipment