By John Denny Observer Reporter
(Charlestown, Nevis) ” Failure to notify the defense and the court by the Crown’s Prosecution of intention to seek the death penalty in the case of Warrington Phillip for murder has delayed sentencing the convicted man until Feb. 6. Notification to defense and the court is a matter of procedural guidelines set by the former Chief Justice of the Eastern Caribbean Supreme Court, Denis Byron. It was designed to allow defense to prepare to argue against the most severe punishment. These guidelines were developed from a 2003 trial in the Federation where Evenson Mitchum was convicted of murdering Linus Pamphile in October of 2000. These guidelines are as follows: 1. If the prosecution intends to submit that the death penalty is appropriate where the accused is convicted of murder, then notice to that effect should be given no later than the day upon which the accused is convicted. The notice may be given immediately upon conviction in which case, it may be given orally. In any event, the notice should contain the ground on which the death penalty is considered appropriate. 2. The trial judge upon being given such notice should, at the time of the [jury’s decision] specify the date for the sentencing hearing which provides reasonable time for preparation. 3. When fixing the date of a sentencing hearing, the trial judge should direct that social welfare and psychiatric reports be prepared in relation to the accused. 4. Where the prosecution and the trial Judge consider that the death penalty is not appropriate, a separate sentencing hearing may be dispensed with if the accused so consents, and the offender may be sentenced right away in the normal fashion. 5. The burden of proof at the sentencing hearing lies on the prosecution and the standard of proof shall be proved beyond a reasonable doubt. 6. The trial judge should give written reasons for his or her decision at the sentencing hearing. After reading these guidelines to the court, Justice Octave sternly addressed the prosecution for not complying with them and deemed the inaction “unacceptable.” “I cannot imagine a more explicit guideline,” said the Judge. “There is a reason for these guidelines. It is not business as usual at the sentencing of a murder trial” This is serious business and we are going to do this right. This is a matter of life, or death.” She further laid demands of the prosecution to be ready at the next hearing saying she expected evidence from the prosecution in discharging their burden of proof, psychiatric and social evaluations of the convicted and proper submissions on Feb 6. For more about the Warrington Phillip murder trial, see the Domestic Violence story in this issue.
