CCJ to hear appeals brought by convicted Barbadian murderers

The Caribbean Court of Justice (CCJ) will on Wednesday begin hearings in the appeals brought by convicted Barbadian murderers Dwayne Omar Severin and Jabari Sensimania Nervais.

Severin is on death row for the November 30, 2009 murder of Virgil Barton in Lucas Street, St Phillip.

Nervaise, of 3rd Avenue, Sisnett Road, Bannister Land, St Michael, was found guilty of murdering Jason Ricardo Burnett on November 17, 2006.

The two had challenged their convictions on the grounds that they were unsafe and unsatisfactory and that the mandatory death sentence was unconstitutional and needed to be so declared.

However, their challenges were dismissed by the Court of Appeal in May last year.

The then Acting President of the Court of Appeal, Madame Justice Sandra Mason, ruled that the mandatory death penalty had been preserved in Section 26 of the Constitution, and judges could not determine whether it should remain on the country’s law books.

She noted that such a decision was up to Parliament, which had the power under the Constitution to amend Section 2 of the Offences Against The Person Act to give sentencing judges the discretion on imposing the death penalty.

33 Responses to CCJ to hear appeals brought by convicted Barbadian murderers

  1. Mazie Taylor
    Mazie Taylor January 22, 2018 at 6:42 pm

    I hope that the taxpayers don’t have to pay for it

    Reply
    • Rawle Spooner
      Rawle Spooner January 23, 2018 at 7:08 am

      Oh yes they will pay for it along with other countries that are signatures to this court.

      Reply
  2. Alex Alleyne January 22, 2018 at 6:58 pm

    The PM done say the CCJ don’t like Barbados so look for a ruling in these fellas favor.

    Reply
  3. Mark Rosmar January 22, 2018 at 7:08 pm

    Keep on hoping

    Reply
  4. Wesley bolden January 22, 2018 at 8:16 pm

    Convicted Murderers! Found Guilty. Now challenging the Constitution. The CCJ is quite rightly tired of the foolishness that is attempting to pass for “justice” in B’dos. Get on with it.

    Reply
  5. hcalndre January 23, 2018 at 3:27 am

    In some States if it take 25 years for you`ll to exhaust all your appeals and options you still have to face the music. Between the two of you have not even done 25 years, is the killing of the men constitutional? do your time like men.

    Reply
    • Carson C. Cadogan January 23, 2018 at 12:53 pm

      Convicts have been on death row in America and have been released on appeal.

      Reply
  6. Rawle Spooner
    Rawle Spooner January 23, 2018 at 7:06 am

    This will be another loss for Barbados slow snail pace justice system.

    Reply
  7. Carson C Cadogan January 23, 2018 at 7:08 am

    Under an agreement with the Inter-American Court of Human rights the Barbados Govt. was years ago mandated to remove the Death penalty.

    FROM THE LOCAL BAJAN MEDIA:

    “”
    “”The INTER-AMERICAN COMMISSION On Human Rights (IACHR) is frustrated with Barbados’ non-compliance with its court’s order to abolish the death penalty, and in a hearing Thursday night, queried the delay.

    In a video compliance hearing with Director of Public Prosecutions (DPP) Charles Leacock QC and Solicitor General Jennifer Edwards QC the Inter-American Court of Human Rights asked why Barbados was not complying with orders made since 2007 and 2009, what would be the timelines for implementing new legislation, and whether Section 26 of Barbados’ near-50-year-old Constitution – which maintains the death penalty – was adequate.

    The compliance hearing between Costa Rica and Barbados has come after two convicted murderers, Lennox Boyce and Tyrone Cadogan, took their cases to the IACHR in 2007 and 2009, respectively. The Inter-American court has reminded this country that its orders are binding here.

    “The crux of the matter is that on June 4, 2000, Barbados accepted the compulsory jurisdiction of the IACHR, so when its court heard the cases of Boyce and Cadogan, it made the orders that the mandatory death penalty was contrary to the OAS Convention on Human Rights, and that Section 26, which protects existing law, including the mandatory death penalty, is contrary to the convention and should be repealed,” Leacock explained yesterday. “”

    SO SANDRA MASON WAS WRONG.

    Reply
    • hcalndre January 23, 2018 at 8:00 am

      Why the IACHR do not tell that to States like Florida, Georgia and others that still put convicted murderers but want to tell Barbados.

      Reply
      • Carson C Cadogan January 23, 2018 at 9:24 am

        Have those states accepted “”….compulsory jurisdiction of the IACHR””????

        Reply
        • tedd January 23, 2018 at 10:02 am

          we can always part company with the IACHR. an outside body can not force us to do anything we do not agree with. the same way we signed on we can choose to sign off.

          Reply
          • Carson C. Cadogan January 23, 2018 at 12:47 pm

            If it was that easy then it would have been done a long time ago.

            This is almost 18 years that we accepted IACHR.

    • Leroy January 23, 2018 at 9:49 am

      Sandra Mason is correct and parliament is at fault.

      Any penalty on the books is in play, she knows full well that we made an agreement about said penalty but she also knows that compliance has to start with parliament, amendments to current laws on books.

      Reply
      • Leroy January 23, 2018 at 9:51 am

        Im only speaking of the broad application of the death penalty and not this specific case for denying the defendants appeal against death penalty.

        Reply
  8. Carson C Cadogan January 23, 2018 at 7:14 am

    Would someone Remind me again which political party formed the Govt. in June 2000????

    Reply
  9. Carson C Cadogan January 23, 2018 at 7:23 am

    Why would any Bajan Judge sentence any Bajan to Death when they know that it would be unlawful to do so???

    The DPP at the time knew that.

    No wonder that they are no Bajan Judges on the CCJ. They don’t seem to know updated Law very well!!!!

    Reply
    • Leroy January 23, 2018 at 9:51 am

      Is it really unlawful for a Judge to follow the law on the books, it hasn’t been amended by parliament yet.

      Reply
      • Carson C. Cadogan January 23, 2018 at 12:43 pm

        The fact that it has not been amended by Parliament yet does not excuse Barbados from its International obligations.

        Why do you think that Murder charges in Barbados are always down graded to Man slaughter charges???

        Reply
        • Leroy January 23, 2018 at 9:35 pm

          For murder charges you have to prove intent..that is a very high bar to get over in most cases without a direct confession of such, most confessions are ” i didnt mean to kill him” or self defense confessions.

          Reply
  10. Carson C Cadogan January 23, 2018 at 7:31 am

    Hard or soft, Barbados needs to conform with International Law.

    In June 2000 it gave the assurance that it would, but has not done so to this day.

    Barbados is in breach of a very important international agreement.

    Reply
  11. Harry January 23, 2018 at 7:34 am

    what is the significance of which party formed the Govt in 2000? then again….
    Which political party formed the Govt in 2008??? sufficient time to change whatever it was that needed changing then again….

    Reply
  12. Claire Battershield
    Claire Battershield January 23, 2018 at 7:59 am

    Why don’t we send cases straight there one time?

    Reply
  13. Greengiant January 23, 2018 at 8:30 am

    The said Sandra Mason is now the Governor General and in her role will be required to sign the execution warrants of inmates to be executed after all their appeals are expired.

    Reply
  14. Carson C Cadogan January 23, 2018 at 9:33 am

    Why is it that Governors General in Barbados have to be Lawyers, ex Judges????

    Reply
  15. Harry January 23, 2018 at 10:22 am

    I am not sure but It maybe something to do with the fact that the GG must have a clear understanding of the Constitution and be able to give correct legal guidance to the politicians.

    The first Barbadian GG was a medical Doctor Sir Winston Scott and Dame Nita was a world renown nurse

    Reply
  16. Carson C. Cadogan January 23, 2018 at 12:58 pm

    “”The death penalty has been abolished in the UK since 1998, and is also forbidden by the European Convention on Human Rights since 2004.

    But even before that, it’s just a complete misunderstanding of the modern UK monarchy to think that the Queen could do that.””

    Reply
  17. jrsmith January 23, 2018 at 3:51 pm

    The world is seeing daily our educated Barbados, is so third world half of Barbados is lawyers and we still struggle when comes to anything lawful……………………………. I think we should let Jamaica take over the running of Barbados , many things would be seen to be done…………………………..

    Reply
  18. sticks and stones January 23, 2018 at 6:45 pm

    Man Carson you know that no govt in barbados would ever tread that slippery slope of removing the Death Penalty . Too much politics involved.
    The Human Rights Commission would keep presenting that mandate to save “face’ but in the long ran the realities of politics on the ground would direct govt to renege to the promise of the signed agreement it made
    it might be seen as a hot button issue but in this sense the peoples mandate carries the weight for the time being

    Reply
  19. JT January 23, 2018 at 8:46 pm

    I say an Eye for an Eye and nothing less.

    Reply
  20. Carson C Cadogan January 24, 2018 at 7:29 am

    The proceeding can be viewed here:

    https://join-noam.broadcast.skype.com/ccj.org/65814696a1b4405aa43234c737d072aa/en-US/

    Reply
  21. Carson C Cadogan January 24, 2018 at 11:45 am

    Now in progress at the CCJ.

    Reply
  22. Helicopter(8P) January 24, 2018 at 3:46 pm

    The statutory laws of Barbados still carries the death by hanging rule but it is discretioned in honor of the head of the commonwealths humaneterian decision not to implement the act during her Reign among the British Commonwealth countries. QE II has saved a lot of necks in her life time.

    Reply

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