ST. GEORGE'S, Grenada :
IN A major decision in Grenada on Tuesday, the Grenada High Court ruled that the death sentences handed down in 1986 to members of the 'Grenada 17' were unconstitutional.
The group, including former Deputy Prime Minister Bernard Coard and his wife Phyllis, who were convicted of the 1983 murders of former revolutionary Prime Minister Maurice Bishop and other members of his cabinet, subsequently had their death sentences commuted in 1992 to life in prison by the then National Democratic Congress (NDC) government.
However, defence attorneys made an application about two years ago asking the court to quash the original judgement.
In his ruling, Justice Kenneth Benjamin concluded that the original sentences of the court were unconstitutional, while highlighting the cases of Hughes and Spence from St. Lucia and St. Vincent respectively, in which it was upheld by the London-based Privy Council that on a conviction for murder, the death sentence was not mandatory.
The judge also ruled that the subsequent commutation of the sentences to life imprisonment for the rest of the prisoners' natural lives was also unconstitutional based on the doctrine of the separation of powers which states that the governor-general, as part of the Executive, has no authority to impose sentences and that only the judiciary could do so.
In 1992 when the NDC government decided to commute the death sentence, the governor- general at the time imposed the sentence of life imprisonment on the prisoners for the rest of their natural lives. The court noted that only the judiciary has such powers.
VIOLATION
The judge has ordered that the men be removed from where they have been serving their life sentences and brought into the remand section of the prison, to await a sentencing hearing in 42 days. Justice Kenneth Benjamin also ruled that the failure of the Grenada Court of Appeal at the time to give written judgements was a violation of the prisoners' constitutional rights.
The ruling also stipulates that they will have to be paid compensation as a result of the failure of the court of appeal to give written judgements.
One of the attorneys representing the men, Cajeton Hood, said compensation was to be assessed.
However the government is to pay EC$15,000 (US$5,550) for the cost of the trial.
Legal sources say the government can appeal the ruling and ask for a stay of execution of the judgement.
Based on recent Privy Council rulings, the court can sentence persons convicted of murder anywhere from a fine to the death penalty.
The state was represented by Karl Hudson Phillips, QC. Bernard Coard and 13 others were represented by Keith Scotland of Trinidad and Cajeton Hood, a local defence attorney. The other three prisoners have a separate application pending before the courts.
