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CCJ rejects Barbados death penalty appeal

Thursday, November 9, 2006

by Dawne Bennett
Caribbean Net News Barbados Correspondent
Email:
dawne@caribbeannetnews.com

BRIDGETOWN, Barbados: The Caribbean Court of Justice (CCJ) has shot down the Barbados government’s attempts to hang two convicted murderers.

The seven-member panel unanimously ruled, supporting the Barbados Court of Appeal in its view that the death sentences of convicted murderers, Lennox Boyce and Jeffrey Joseph should be commuted to life imprisonment.

CCJ President, Michael de la Bastide, dismissed the appeal with costs for two counsel for each respondent.

According to the Trinidad-based court, which is now Barbados’ final court of appeal, the decision was based on the fact that the executions were delayed by more than five years, making the decision of Pratt and Morgan applicable.

Joseph and Boyce, who were convicted in February 2001 for the murder of Marquelle Hippolyte, petitioned the Inter-American Commission for Human Rights (IACHR) in September 2004, seeking clemency. Death warrants were read to them twice subsequently, and to date, their petitions have not been determined.

The CCJ therefore, ruled that the two men had a legitimate expectation that they would have been allowed reasonable time to complete the appeal process before the IACHR. However, the court did not determine what length of time was reasonable.

Barbados’ Attorney General, Dale Marshall, has given the assurance that the judgment will be reviewed thoroughly to determine its full legal implications.

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