Attorneys question need for death penalty legislation for mass murders

   

A disclosure by Justice Minister Delroy Chuck that he will be taking to Parliament legislation for the death penalty in cases of mass murders is receiving push back from two defence attorneys.

 

Clyde Williams and Bert Samuels are arguing that there are already provisions in law to punish those convicted of murder.

 

Following Monday's mass shooting on Waltham Park Road in St. Andrew, Prime Minister Dr. Andrew Holness reiterated that the government will be implementing legislation specifically for perpetrators of those types of incidents.

 

Addressing a Trelawny Justice of the Peace Association Commissioning Ceremony on Wednesday, Mr. Chuck cited the terror that has been unleashed by gangs on communities following multiple fatal mass shootings across the island. 

 

"As a country, we have to fight back, and the government is prepared and determined to fight back. And that is why, apart from gang legislation I will soon take to Parliament, those gangs who are killing two or more people, the death sentence may well be there for them. We haven't imposed it yet, but it may well be there; and let it go up to the Privy Council and if they get life sentence, fine. But we have to start sending the signal that some of these gangsters must be out of the community forever," he asserted.   

 

But attorney Clyde Williams has questioned the need for this specific capital punishment, arguing that the law already provides the death penalty for murders in specific circumstances, including killing a police officer, soldier, Justice of the Peace in furtherance of a robbery, breaking into someone's home, or where the murder is calculated to create mass hysteria and fear.

 

"So one is not so very sure about specifically what the minister means, because already there are provisions that I would say would cover that," he said. 

 

He believes strengthening the investigative capacity of the security forces and expanding the prosecutorial arm of the State are the most effective ways to tackle serious crimes. 

 

Attorney Bert Samuels argued that whenever there are convictions leading to the imposition of the death penalty, the Privy Council has deeply scruntised these matters and struck them down in many instances. 

 

He said requests for the death penalty should remain with the Director of Public Prosecutions. 

 

Both men were speaking Thursday on the Morning Agenda on Power 106.