THE COURT OF APPEAL made it clear yesterday that the Parliament of Barbados should be the arm of state which finally determines if the mandatory death penalty remains on this country’s law books.
Acting President of the Court of Appeal, Justice of Appeal Sandra Mason, in dismissing the appeals of two convicted murderers, advised that Parliament would have to make necessary changes to Section 2 of the Offences Against The Person Act, if the death penalty is to be placed at the discretion of sentencing judges.
The decision came as the court dismissed the appeals of convicted murderers Jabari Nervais and Dwayne Severin, who were contending that their convictions were unsafe and unsatisfactory, and that the mandatory death penalty remained unconstitutional and needed to be so declared.
“It is not for judges to give effect to these changes and attitudes in society. The death penalty has been preserved in Section 26 of the Constitution,” Justice of Appeal Mason said. (BA)
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