PRESS RELEASE – Saint Lucia will soon have the ability to settle commercial disputes with the appointment of a judge to rule on commercial matters in a timely manner.

High Court Judge-Justice Cadie St. Rose-Albertini was appointed to preside over such matters effective July 1, 2015 for the next three years.The Government of Saint Lucia has identified the establishment of a Commercial Division to its High Court as a high priority reform which will ultimately impact Saint Lucia’s competitive position and its overall development.

In the 2013/2014 Budget Address, the Honourable Prime Minister endorsed the Division and partnered with the Compete Caribbean Program for funding support in its implementation.

This ongoing project is coordinated by the National Competitiveness & Productivity Council and the Ministry of Legal Affairs in collaboration with the Eastern Caribbean Supreme Court.Last year, the NCPCwith support from Compete Caribbean embarked on the design of the Commercial Division to the High Court based on the experiences of a similar court in the British Virgin Islands which has been internationally recognized as a good model.

The design is now complete and the NCPC as well as the Ministry is in the process of taking the necessary steps to establish the Division.

Additionally, the establishment of this mechanism will increase Saint Lucia’s competitiveness in the regional and international market. The World Economic Forum defines competitiveness as

“The set of institutions, policies and factors that determine the level of productivity of a country.”

Therefore, the presence of a set of institutions in a country that support businesses results in increased productivity and competitiveness.

Thus, the operations of a Commercial Division can impact the competitiveness of a country through the promotion of business and investment prospects.

The Commercial Division may contribute to a healthy investment climate which encourages investment into the country thus leading to economic growth.

This project will mark the start of enhancing the World Bank’s Ease of Doing Business Ranking for Saint Lucia and the overall business climate, through the Enforcing Contract indicator. For a number of years, this has been one of Saint Lucia’s worse performing indicators.

That is, in 2015 Saint Lucia ranks 145 out of 189 economies on this indicator. On average, it takes 635 days and 46 procedures to settle a commercial dispute.

Saint Lucia’s low ranking on this indicator is mainly due to the long delays in the trial and judgment phase. Frequently, after a case is filed, the parties have to wait over a year for a court date.

In general, the hiring of a Resident Judge to rule on commercial disputes will result in the speedy and efficient resolution of commercial disputes permits the court to be competitive and to support the business sector. In countries where contract enforcement is efficient, businesses are more likely to engage borrowers and customers which will translate to more business activity for firms.

It is expected that the new Division will be formally opened by the end of this year. It is anticipated that the Division will increase the efficiency of the legal system to settle commercial matters including contract enforcement.

The establishment of the Commercial Division cannot be realised without the associated legislative amendments or changes.

It is expected that amendments will be made to the Code of Civil Procedure and the Civil Code as well as other pieces of legislation pertinent to the operations of the Commercial Division.

Compete Caribbean has provided support for the revision of these pieces of legislation and will also assist in equipping the court.

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The Vieux Fort Court is expected to deliver its verdict in the Chakadan Daniel case on Friday (July 24).

It was originally scheduled to have been delivered on Friday, July 17, but was delayed due to the absence of one of the jurors, who was ill at the time.

Magistrate Robert Innocent will pronounce the judgment and address the jury, once the verdict of the coroner’s inquest is reached.

Daniel was allegedly found hanging in his cell, at the Micoud Police Station on Wednesday, October 23, 2013, the same day he was expected to appear in court.

A post-mortem examination found that Daniel had died of asphyxia.

The family is being represented by Attorney-at-Law Dasrean Greene.

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Chakadan Daniel

An inquest into the death of Chakadan Daniel has ruled that the 22-year-old was “unlawfully killed.”

Daniel was found hanging from his cell after he had been arrested two days prior for escaping lawful custody, assaulting a police officer and damaging property.

Daniel was scheduled to make an appearance at the Second District Court in Dennery on Wednesday, October 23, 2013, when he was discovered dead at the Micoud Police Station.

A post mortem examination found that he had died of asphyxia.

Magistrate Robert Innocent presided over the inquest today (July 24) at the Vieux Fort Court.

Evidence from both sides were heard before the jury delivered its verdict and the ruling was made.

The man’s mother Frances Daniel told St. Lucia News Online (SNO) she is happy with the ruling and believes justice has been served.

She is now hoping that the persons responsible for her son’s death are put behind bars.

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Mary Francis

Daniel

Attorney and human rights advocate Mary Francis has said she is happy for the family of Micoud resident Chakadan Daniel, who died while in police custody.

On Friday, an inquest cited unlawful killing in Daniel’s death.

The 22-year-old was found hanging from his cell, two days after he was arrested for escaping lawful custody, assaulting a police officer and damaging property.

Daniel was scheduled to appear in the Second District Court in Dennery on Wednesday, October 23, 2013, when he was discovered dead at the Micoud Police Station.

A post mortem examination revealed he died of asphyxia.

Francis told HTS that the news of the verdict is “heartwarming”.

“For a long time now we have not been able to have inquests coming up with verdicts which are actually heartwarming,” she said.

Francis described Daniel’s incident as “particularly shameful” in terms of the manner of his death – hanging in the police station while in police custody.

“So I was particularly interested in the outcome and I am very happy for the family, that at least justice has been done and that now they can at least breath a sigh of relief, knowing how exactly their son came to his demise, and knowing that there is justice for them, and that at the end of the day, the matter will be pursued further on their behalf,” the attorney said.

Francis said the ruling in the Daniel case should set the pace for reform in local inquests.

“From last year the inquest started; when you have it stretching over a long period like that, sometimes it can lead to a lack of interest by the public and so forth. So once again I think it’s a good day for St. Lucia in terms of the outcome, and we are hoping that there will be more reform into the whole inquest and coroner’s inquest, and the coroner’s act, to ensure that there is more transparency, to ensure we can have more faith in the process.

Magistrate Robert Innocent presided over the inquest on July 24 at the Vieux Fort Court.

Evidence from both sides were heard before the jury delivered its verdict and the ruling was made.

Daniel’s mother, Frances Daniel, told St. Lucia News Online (SNO) she is happy with the ruling and believes justice has been served.

She is now hoping that the persons responsible for her son’s death are put behind bars.

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Chakadan Daniel

Director of Public Prosecutions (DPP) Victoria Charles Clarke will decide on the next move regarding the Chakadan Daniel case, after an inquest found that the 22-year-old was “unlawfully killed.”

Attorney-at-Law Dasrean Greene, who is representing Daniel’s family, told St. Lucia News Online (SNO) today, July 27 that following Friday’s ruling, it is now left up to the DPP to decide whether she has sufficient evidence to send the case to trial, before a judge and jury.

Greene said while the ruling is a victory in one regard, which means that the death was not an accident or suicide, it still does not determine guilt or innocence.

“It determines that something has happened that it is not an accident. So someone is responsible. But it does not give a definitive answer as to what has happened or who is to be blamed for it,” he explained.

He told SNO that nothing is stopping the police from continuing investigations into this matter, and referring to the DPP for advice that will determine a later decision.

“As a defense attorney there is the issue of fairness. And we do not want to prejudice the case of any prospective defendant by indicating to any juror that this person is guilty of killing this gentleman.”

Greene therefore declined to comment on his personal views regarding the ruling.

Daniel was found hanging from his cell after he had been arrested two days prior for escaping lawful custody, assaulting a police officer and damaging property.

He was scheduled to make an appearance at the Second District Court in Dennery on Wednesday, October 23, 2013, when he was discovered dead at the Micoud Police Station.

A post mortem examination found that he had died of asphyxia.

The man’s mother Frances Daniel said she is happy with the ruling and believes justice has been served.

She is now hoping that the persons responsible for her son’s death are put behind bars.

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An inquest into the death of a Sarrot woman, who was hit by a vehicle on May 5, 2013, has found that it was “death by an unlawful act”.

Fredericka Ellick, 55, of Sarrot died from injuries she sustained from the accident, involving a grey Toyota Corolla motor car, registration number PJ6869.

The vehicle was at the time being driven by an off-duty police officer, Kurt Joseph, 28, of Millet, Anse La Raye.

Joseph was travelling along the Sarrot road when his vehicle came into contact with Ellick.

Magistrate Michelle Louis, who presided over the case, delivered her ruling today, July 28 at the Fist District Court in Castries.

The ruling has been forwarded to the Director of Public Prosecutions Victoria Charles Clarke for a decision.

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VI CONSORTIUM – Alain Rene Leichtnam, 71, a French national, pleaded guilty today (August 12) in District Court here to 38 counts of an indictment charging him with encouraging and inducing aliens to enter the United States in violation of law, United States Attorney Ronald W. Sharpe announced this afternoon.

According to the plea agreement, U.S. Customs and Border Protection (CBP) Office of Air and Marine (OAM) and the United States Coast Guard (USCG) intercepted a sailing vessel Mazurka heading towards Coral Bay on the East End of St. John, Virgin Islands in the early morning hours of April 29, 2015.

CBP agents observed Leichtnam operating the vessel and identified 38 Cuban nationals and one national of St. Lucia onboard. Leichtnam admitted that he transported the Cuban nationals to the United States for financial gain knowing that the conduct was unlawful.

Leichtnam was remanded to the custody of the United States Marshals Service pending sentencing, which is scheduled for December 4, 2015.

“Those responsible for encouraging and inducing immigrants to enter the United States illegally are placing personal profit ahead of public safety and the lives of the immigrants,” Sharpe said. “This conviction should warn those involved in this dangerous and illegal activity that it comes with a high price.”

Angel M. Melendez, special agent in charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Puerto Rico and the U.S. Virgin Islands, said the agency will continue its diligent work to quell the smuggling of aliens onto U.S. soil.

“ICE continues to be committed to putting an end to the practice of profiting from the illegal transportation of aliens across our borders and throughout our country. We will continue to vigorously enforce the federal laws which punish the many manifestations of the complex problem of smuggling, trafficking and harboring illegal aliens,” Melendez said.

“Tragically, many have lost their lives while attempting this illegal and treacherous trip. Human smugglers have a callous disregard for the value of human life and are only concerned about making a profit. ICE will continue to aggressively work with our U.S. Department of Homeland Security (DHS) partners to identify and arrest those involved in this illicit and dangerous activity,” he concluded.

The case was investigated by ICE with the assistance of CBP and the USCG. It is being prosecuted by Assistant United States Attorney Kim L. Chisholm.

St. Lucian witness

The St. Lucia national was ordered to be held in a federal detention facility after she arrived in a boat on the East End of St. John along with 38 Cuban migrants.

U.S. Magistrate Ruth Miller ruled the woman, identified as Kurcharma Mishkia St. Luce, 23, a material witness in the case against Leichtnam, 71.

In court documents St. Luce, a native of St. Lucia, told agents from the Department of Homeland Security Leichtnam was her boyfriend. They were both taken into custody by the U.S. Coast Guard on April 30 as Leichtman dropped off the Mazurka’s passengers.

The woman told investigators she and family members were socializing with Leichtnam on board the catamaran on April 25.  When Leichtnam left the next morning to buy water in preparation for a trip another man appeared along with Cubans and boarded them, St. Luce said.

When the boat left port the woman told authorities she thought they were headed to St. Martin, but she heard the Cubans on board saying “St. John” and “St. Thomas,” according to the documents. But when she asked Leichtnam what the extra people were doing on board he did not answer her, she told authorities.

Investigators said St. Luce told them she decided she would not press the matter because she did not want 38 angry Cubans on her hands so she went along with the change of plans.

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DPP Victoria Charles-Clarke. Photo credit: The Voice St. Lucia.

There have been constant requests for the discontinuance of crimes, specifically as it relates to sexual offenses that involves minors, according to Director of Public Prosecutions Victoria Charles-Clarke.

The island’s DPP however stated that her office has a “zero tolerance policy” in relation to this, because there are certain policies that allow her office to determine when to proceed or discontinue a case.

Nevertheless, the Prosecution Department is faced with numerous requests, usually from parents of minors who often times indicate that they do not want the case to continue.

“That is unlawful because once a complaint is made and someone is charged the law has a responsibility to protect minors,” Charles-Clarke told the media.

The DPP said there are rare situations where a case of that nature could be discontinued, but explained that this could happen if  the victim is not able to cope and there is medical evidence to continue with the case.

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PRESS RELEASE – On Thursday, August 20, 2015 Police Constable 699 Davidson Alexander was formally arrested and charged for the offences of Harm, Assault with a Dangerous Weapon and Unnecessary Violence.

He was charged in relation to an incident which took place on March 14, 2015, at the Gros-Islet Police Station where Caster James, a 21 year old resident of Gros-Islet reported Alexander for allegedly assaulting him whilst in custody.

He was bailed on his own recognizance in the sum of EC$1,000.00 on each charge. He is scheduled to appear at the First District court on September 9, 2015.

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Bretney appears in court. Photo credit: HTS

James Bretney of Balata, Babonneau, who was charged for the murder of woman in Reduit, made his first appearance in the First District Court in Castries on Monday Sept. 7.

Bretney, 38, was remanded to custody until Oct. 14, 2015 – his next scheduled court appearance. While being led away by police from the court, he told HTS News that he is innocent of the crime.

He is charged in connection with the death of 52-year-old Sophia Delia Charles Didier of Reduit, Gros-Islet.

Didier’s battered body was reportedly found near the Reduit beach shoreline in the wee hours of the morning of Sunday, August 30, 2015. Police responded to the report at about 5 a.m. that day.

A post mortem examination conducted later that day on the body, revealed that she died as a result of asphyxiation (condition of being deprived of oxygen) secondary to drowning.

The examination also revealed neck trauma and blunt trauma about the body.

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Benjamin Joseph, the young man from Agard/Morne Du Don, Castries, who was detained and beaten by civilians after they caught him burglarising a house in Carellie, was granted bail when he appeared in the First District Court in Castries Monday morning.

Joseph, 23, was on Friday charged for the offences of stealing from dwelling house and damage to property.

On Monday, Sept. 14 he was granted $1,500 bail – $1,000 for stealing from dwelling house and $500 for damage to property.

His next court date is Oct. 1, 2015.

Joseph was gainfully employed and was on sick leave when he committed the crime, reliable sources have told St. Lucia News Online (SNO).

Joseph has been an employee of Real Foods Inc., operator of KFC in Saint Lucia, since April 2015 as a team member in the restaurant (kitchen) department.

Joseph accidentally cut his finger on the job and was granted five days of sick leave by his employer. He committed the crime on the second day of his five-day sick leave, according to sources.

Joseph, who previously worked part-time for a bakery in Castries, was reportedly caught burglarising a house and tied up. The police was called, but before they arrived he was beaten by several men with sticks.

The beating was caught on camera and published online, evoking an intense discussion over vigilante justice.

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Dave Joseph.

A Bagatelle man who is accused of murdering his friend, made his first appearance in court today on three charges of murder, attempted murder and the use of a deadly weapon.

Dave Joseph, 23, also known as “Pirate” and “Bird Eye” is accused of murdering Brandon Breedy, 18, of Hospital Road, Castries on Monday, September 7, 2015.

Breedy was shot and killed on his bed. He sustained three gunshot wounds to his chest and head.

Joseph was charged for attempted murder and the use of a deadly weapon for the shooting of a man and woman in Faux A Chaud last August.

He was remanded to prison and is expected to make another court appearance on October 30, 2015.

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Chief Justice Janice Pereira

VI CONSORTIUM – Chief Justice of the Eastern Caribbean Supreme Court, Janice Pereira, has urged the legal profession to uphold the integrity of the Judiciary.

The Chief Justice’s remarks came during the special sitting of the Supreme Court to officially open the 2015-2016 Law Year on Thursday, September 17.

The Chief Justice delivered her address in Grenada, which was simulcast in the British Virgin Islands as well as eight other member states and territories of the Organisation of Eastern Caribbean States.

During the hour-long address, Pereira stressed the need for a holistic approach to safeguard the individual and institutional independence of the Judiciary. She stated that the existence of an independent, effective and competent legal profession is a key element in safeguarding and promoting the independence of the Judiciary.

The Chief Justice stated, “This is significant because the role played by the legal profession is critical to the proper functioning of the justice system. Whether the wheels of justice move along a smooth and effective pace or they grind as if along a gravel path, depends to a considerable extent on how well the legal practitioner performs his or her role in the conduct and pursuit of the causes before the court.”

Periera said that the service of the legal profession to society is very critical and important but over the years it has come under much scrutiny and criticism.

“Disbarment, suspensions, and other sanctions against members of the legal profession are becoming all too common place. This begs the question, what happened along the way,” she said, adding, “It is the solemn obligation of every member of the profession, individually and collectively, to safeguard the integrity of the profession.”

The Chief Justice stated that the role of the Bar Association is pivotal in advancing the course of judgment and that it is necessary to have a fully functional bar association to which every legal practitioner is a part. “The time is come when we must move away from the culture where only an interested few, champion the cause for all. The Bar must never underestimate the power it holds as a collective body,” she stated.

Scolding to Lawyers

The Chief Justice also blasted bad-behaving lawyers saying there are a number of complaints about attorneys having no respect for their clients, colleagues as well as the court.

She lamented that some lawyers are not punctual; some are not prepared to represent their clients when cases are mentioned; and an increasing number are even representing clients without valid practicing certificates.

“In most of our member states, the Legal Profession Act which governs many aspects of the legal profession mandates that an attorney at law must possess a practicing certificate.

However, there are an increasing number of attorneys who commit a great disservice to the profession, the client and the court by sneaking their way before the court knowing fully well that they are in contravention of this requirement,” said the chief justice.

She urged lawyers to put an end to such deceitful and dishonest practice.

“It is discourteous to the court. Critically, it is an act of dishonesty in the context of the legal profession. It is also most unfair and deceitful to your clients who have a legitimate expectation that, by agreeing to take a brief, you have proper locus standi before the court. It is unfair to your colleagues who are actually compliant.”

However Chief Justice Pereira applauded attorneys who have demonstrated exemplary performance and conducted themselves in a respectful manner while contributing immensely to the jurisdiction of the region.

The Chief Justice provided comprehensive updates on all projects and initiatives over the past year including the Family, Commercial, Civil and Criminal Divisions of the Court. Updates on access to justice, the use of technology, the jury process and training were also provided.

The Commercial Court in the British Virgin Islands was singled out as having a model court in many effects and a replica is set to be created in St. Lucia.

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A minibus bus driver who operates the Boisden-Jacmel route was acquitted of assault charges and placed on two years bond after being accused of threatening a St. Mary’s College student.

Derreck Joseph was asked to keep the peace when he appeared before Magistrate Julien at the Anse La Raye Court on Friday, September 18.

If he breaks the bond, Joseph could face four years behind bars.

The minibus driver was accused of threatening Tyler Toussaint, 14, with a cutlass during an argument on November 14, 2014 at about 7 p.m.

The matter was initially reported by the student’s mother who is a police officer.

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PRESS RELEASE – On Wednesday 30th September 2015, George Jn Baptiste of Maynard Hill, Castries was sentenced at the High Court of Justice by the Honourable Justice Francis Cumberbatch to 20 years imprisonment for the offence of Unlawful Sexual Intercourse with a minor female aged seven (7) years;  seven (7) years imprisonment for the offence of Gross Indecency with a minor female aged ten (10) years and five (5) years imprisonment each on two counts of Unlawful Sexual Connection with minor females aged seven (7) years and eleven (11) years respectfully.

The incident occurred on Friday 5th August 2011 about 4:00 p.m. at Maynard Hill in the quarter of Castries and involved three minor children.

On the said date, one of the children who had been left in the care of her grandmother went to the home of the defendant to play with the other two girls after lunch.

The defendant who is a relative of one of the girls arrived shortly afterwards.  He asked the children if they wanted ice-cream and they replied ‘yes’.  The defendant gave money to one of the girls who went to purchase the ice-cream.

When she returned with the ice-cream the defendant asked all three children to come with him and he took them to some nearby bushes.

Whilst in the bushes the defendant performed oral sex on two of the girls.  He also asked two of them to sit on his penis which they did during which his penis entered the vagina of one of the girls.

The defendant was therefore indicted by the Director of Public Prosecutions on one count of Sexual Intercourse with a Minor, contrary to Section 126 (1) of the Criminal Code of Saint Lucia 2004; two counts of Unlawful Sexual Connection, contrary to Section 124 (1) of the Criminal Code of Saint Lucia 2004 and one count of Gross Indecency, contrary to Section 132 (1) of the Criminal Code of Saint Lucia 2004.

He pleaded ‘guilty’ to two counts of Unlawful Sexual Connection and not guilty on the counts of Unlawful Sexual Intercourse with a Minor and Gross Indecency.

After a trial by jury he was convicted on the counts for which he pleaded ‘not guilty’.

His sentences will run concurrently and deductions will be made for time spent on remand.

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PRESS RELEASE – Ms Keisha Flavien and Ms. Christine Stephen formerly of Londonderry, quarter of Laborie are asked to contact the Office of the Director of Public Prosecutions urgently.

Please telephone Mr. Brette at 724-3544 or the office directly at 452-3636/468-3188.

Either call or come in urgently”

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Dane Bissette

A man accused of stabbing a young woman and leaving her for dead near Vigie cemetery last week has been granted bail in the sum of $5,000.

Dane Bissette, 30, made his first court appearance today Wednesday, (October 21), where the charge of attempted murder was read to him. He was later granted bail.

Bissette was represented by Attorney-at-Law Alberton Richelieu and is set to make another court appearance on November 16, 2015.

On Friday, October 16, 2015 about 7:30 p.m. police responded to a report of a stabbing near the Cemetery in Vigie, Castries.

Upon arrival, the officers discovered Mc Lana Bernard, 24, of Agard, Morn Du Don, Castries, with multiple stab wounds.

Bernard was transported to the Victoria Hospital for treatment. She is currently in a stable condition.

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Dr. Iftekhar Shams

Embattled Chief Executive Officer (CEO) of Lambirds Academy Dr. Iftekhar Shams has been cleared of money laundering charges brought against him by several of his former students.

The decision was handed down by Magistrate Ermin Moise at the Gros Islet court today (October 27).

Attorney-at-Law Marcus Foster who is representing Dr. Shams said he is pleased with the ruling.

However, the CEO still faces a human trafficking charge, as well as charges of obtaining by deception.

While Dr. Shams is still on remand, Foster said he will be making further applications for his client to be released.

The CEO and two other Asian men have been accused of luring a number of foreigners here, with promises of an education and jobs overseas.

The students are mainly from Nepal, India and the Philippines. They claimed that they each paid US$9, 000 for the courses and US$13,000 to get to St. Lucia, to undertake various courses.

However on arrival here, they were told by law enforcement authorities that they had been duped.

The over 70 plus suspected students have been left stranded here as a result of the investigation.

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High Court, St Lucia. * File photo

Saint Lucia’s Criminal Court will be temporarily relocated to the Nyerah Court building located on the John Compton Highway to facilitate repairs to the old High Court building in Castries.

President of the Saint Lucia Bar Association Mary Juliana-Charles said since the old court building has been deemed out of order, due to its deteriorating condition, the offer was made to the association to relocate.

The attorney said that certain interventions were taken in the past to rehabilitate the current structure, but despite these efforts, the building was still encountering several issues.

Minister for Justice Victor La Corbiniere revealed that the government sourced close to $1 million for repair works at the High Court, but noted that these works were partially completed by September.

The Bar Association head explained that renovations started in June and the court rooms were re-opened for use in September, which suggested that everything was completed.

But on their return, lawyers and other legal professionals met workers at the building, who were still carrying out renovations to certain court rooms and other parts of the court building.

Various venues such at the House of Assembly, Bordelais Correctional Facility, the Town Hall, and Auberge Seraphine were being temporarily used to conduct court sessions.

Juliana-Charles explained that with the old court house being closed, there have been many cases put on hold and persons placed on remand for lengthy periods, which is a major concern for her association.

While all criminal proceedings will now be heard at the Nyerah Court building, the commercial and civil court will also be temporarily relocated to the La Place Carenage located on Jeremie Street, Castries.

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Human Rights Activist and Attorney-at-Law Mary Francis.

Human Rights Activist and Attorney-at-Law Mary Francis said she plans to continue advocating for the abolition of the mandatory death penalty in Saint Lucia and the Eastern Caribbean region.

Francis told St. Lucia News Online (SNO) today in an interview that while the law has been bypassed for almost two decades here, she still believes that it should be removed entirely from the constitution.

The attorney said the European Union (EU) has been pushing the Caribbean to become part and parcel of the world-wide movement against the death penalty for a number of years.

The UN General Assembly had also adopted the Second Optional Protocol to the ICCPR. This was aimed at encouraging the abolition of the death penalty.

Francis maintains that the death penalty does not serve as a deterrent to crime, but rather a a form of revenge.

“We understand that the crime situation in the Caribbean is very high, but this death penalty is part of our pre and post independence law and by virtue of how our constitution was written,” she told SNO.

She reminded that Saint Lucia’s laws were adopted from England and it’s been more than a quarter of a century since that country has abolished the death penalty.

“It must be recognised that 1994 was the last time we had an execution. So in fact most of the Caribbean and the OECS they have actually put a hold on hanging which is our form of death penalty.”

But Francis has advised that the government amend the laws and have it removed and replaced with an alternative such as life imprisonment, stating that killing is wrong whether it is by the state.

She continued: “In Saint Lucia I think there are about 50 men right now awaiting trial for murder. If all those young men had to be hanged, what would happen?” she questioned.

While she admitted that they have done vicious crimes and deserves to face the full brunt of the law, she believes that the government must look at the root of crime.

“We have to attack it from societal level, to ensure that young men don’t turn into to those types of individuals who commit serious crimes, especially murder,” she asserted.

Francis recalls that her advocacy work began in 1999, when she worked on a case alongside a few other prominent lawyers to have the first death sentence case committed to life imprisonment.

She said the perpetrator was due for execution when the judge decided to stop the prosecution of the individual and accepted the application for the person to be put on life imprisonment.

In the same year, Francis got five persons who were on death sentence to be committed to life imprisonment.

“I have done work in the past and continue to believe that maybe in terms of building a more humane society we should set the example and move to do that. We should not be fearful of abolishing the death penalty because it could increase more vicious crimes. There is no scientific evidence to prove that,” she told SNO.

Francis, who is very vocal about several other human rights issues here, has been invited to attend a special conference organised by the EU to discuss the death penalty in Georgetown, Guyana this month end.

Human rights groups such as Amnesty International have long criticised Caribbean countries mandatory death penalty as too harsh and in breach of international law.

Even though the capital punishment is on the books in a number of English-speaking Caribbean states and polls have shown strong support for the death penalty, executions are rare in the region.

The last execution took place in St. Kitts and Nevis in 2008, when Charles Laplace was hanged for murdering his wife. That was the region’s first outside Cuba since an execution in the Bahamas in 2000.

Politicians of former British colonies have long complained that the London-based Privy Council, the highest appeal court for many Caribbean countries, has stymied their attempts to execute murderers. The regional Caribbean Court of Justice is the highest court of appeal for Barbados, Belize and Guyana.

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