Saturday, February 4 2012

LEGISLATION which proposes the re-introduction of the death penalty will, for a second time, be tabled in Parliament notwithstanding the Opposition’s blocking of similar legislation last year, Prime Minister Kamla Persad-Bissessar said yesterday.

“We will proceed,” Persad-Bissessar told reporters. “The Attorney General (Anand Ramlogan) is drafting and we will take it from there. We will never give up, we will continue to try.” She noted that the Constitution (Amendment) (Capital Offences) Bill 2011 was voted down by the Opposition and that the Government has, since then, tried unsuccessfully to solicit alternative legislative proposals from the PNM. (Both Government and PNM support the death penalty in principle.)

“The Government’s position is that we will continue to pursue legal channels to implement the law of the land which is the death penalty,” Persad-Bissessar said. “If the Opposition fails, as they have so far failed, to send proposals then we will proceed and bring the bill back to Parliament and take it from there. It is in the interest of the country that we proceed to implement the law of the land.”

At the same time, Persad-Bissessar assured that the State would not resume hanging unless proper legal procedures are adhered to. She cited the infamous case of Glen Ashby who was hanged in 1994 as court proceedings were pending before the Privy Council.

“We do not want to follow that route. The route we follow has to be one which allows us to (act) constitutionally.” She noted that long-standing legal advice has indicated that any legislation meant to allow for the resumption of hanging must amend the Constitution or else it would face legal suit.

“You cannot change the jurisprudence by an ordinary bill,” she said. “It is futile for us to proceed in that manner.” The Opposition refused to support the legislation last year ostensibly objecting to the fact that it proposed to amend the Constitution.

The extent of changes to be made to the legislation is not yet clear.