Nearly seven months after the Privy Council ruled that the mandatory death sentence in The Bahamas was unconstitutional, several men under the sentence of death are preparing to go back before Supreme Court justices to have their sentences reviewed.
Among them are murder convicts Brian Schroeter, Jeronimo Bowleg, Omar Hall and David Smith.
Their attorney, Dorsey McPhee, intends to argue on Friday that they ought to be released because the justices who heard their cases are no longer serving in this jurisdiction, The Bahama Journal has learnt.
Schroeter, Bowleg and Hall were convicted together in September 1996 of the murder of Haitian national, Dieuseul Almanor, who was shot to death in his home on June 17, 1994 during a robbery. Justice Ricardo Marques handed down the death sentence, consistent with the laws of The Bahamas at that time.
Justice Joseph Alfred sentenced David Smith to death on July 25, 1996 for the murder of 79-year-old Mamie Galloway, who was stabbed to death and her throat was also slashed in her home.
Another condemned man, Keith Jones, is expected back before Senior Justice Anita Allen today.
Jones was convicted in February 2002 of the October 1999 murder of James Rolle.
In February, the Privy Council dismissed his appeal on the conviction of murder, but his appeal against the mandatory death sentence was adjourned to await the outcome of the case of Forrester Bowe and Trono Davis.
It is their case that the high court ruled on in March. It has impacted the cases of all condemned men in The Bahamas.
The Privy Council ruled on Tuesday that Jones is in precisely the same position as Bowe and Davis.
As a result, the court quashed Jonesﾒ death sentence and remitted his case to the Supreme Court for consideration of the appropriate sentence.
But while Jones is expected before Justice Allen today, it is not likely that his sentence will be immediately considered. The judge will have to address the issue of whether the condemned man has legal representation and a probation report would have to be prepared.
She would have to consider the circumstances surrounding the murder of James Rolle and decide whether to again sentence Jones to death or hand down some other sentence.
There are several persons who were convicted of murder since the Privy Council ruling. They include Cordell Farrington, who is scheduled to be sentenced on Friday; Frederick Francis, who was convicted on August 3 and is scheduled to be sentenced on November 3; and Roger Watson, who was convicted on September 26 and is scheduled to be sentenced on December 6.
Maxo Tido, who was convicted on March 20, was sentenced to death on April 20. His appeal against the conviction and sentence is due to be heard in the Court of Appeal on October 11.
A sentencing hearing for Ronald Simmons and Robert Greene has been set for October 25. These men were convicted in 2002 and their appeals were heard in the Privy Council this year.
Two inmates ﾖ Arnold Kelly, convicted in February 2006; and Angelo Brennen, who was convicted on November 3, 2006 ﾖ still have their cases pending before the Court of Appeal. Their sentences cannot be reviewed until their pending matters before the high court are decided.
It is unclear whether more than half of the condemned men at Her Majestyﾒs Prison would need to have their death sentences reviewed. An earlier ruling from the Privy Council declared that it would be cruel and inhuman to execute anyone who has been under the sentence of death for more than five years.
More than half of those on death row in The Bahamas fall into that category, so they cannot be hanged.
The last person to be hanged in The Bahamas was David Mitchell, who met his fate at the gallows in January 2000.
In its decision in the appeal of Forrester Bowe and Trono Davis the Privy Council found that the section of The Bahamas Penal Code that requires the sentence of death to be imposed on any defendant convicted of murder should be construed as imposing a discretionary rather than a mandatory sentence of death.
In May, Chief Justice Sir Burton Hall indicated in a practice statement that the Privy Council decision would affect three categories of persons, namely, those whose murder trials have not been completed; persons whose trials have been completed and who have appeals pending before the Court of Appeal or Privy Council; and death row inmates.
As it relates to persons who have not yet been convicted of murder, the practice statement requires that prosecutors inform the court no later than the date of conviction of the accused that the crown will seek the imposition of the death penalty.
For persons already under the sentence of death, the chief justice said the director of public prosecutions would secure a list of persons from the superintendent of prisons.
The court would then arrange sentencing hearings for each affected person.
By: Candia Dames, The Bahama Journal
