In a response to allegations made in a release sent to the media by Chaguanas West MP Dinesh Rambally, claiming that the Judiciary may be overstepping its bounds and undermining the process in relation to pardoning offenders through the mercy committee, the Judiciary said, constitutionally, it plays a role in the mercy process.
Rambally's allegations were made in relation to a request to government, made by the executive of the Criminal Bar Association, to release 60 deserving prisoners as part of the 60th anniversary of independence, to be observed on August 31.
In a statement issued on Saturday, after claiming the Judiciary was not part of the constitutional process for pardoning prisoners, Rambally alleged that 'certain instructions were given to the Judiciary through which some of its staff members were mandated to assist with an ongoing 'Mercy Committee' project during the week of August 8 2022.'
'Approximately 13 judicial research counsel in conjunction with the Registrar's office have been allegedly sifting through court files with a view to compiling a list of eligible people to be recommended for pardon,' Rambally said in the release.
He said the power of pardon is governed by the combined effects of sections 87, 88 and 89 of the constitution. The Advisory Committee, Rambally said, consists of the Minister referred to in section 87(3), the Attorney General, the Director of Public Prosecutions and four members appointed by the president after consultation with the Prime Minister and the Leader of the Opposition.
In a response on Sunday, the Judiciary sought to clarify the law surrounding the process.
"The Judiciary does in fact constitutionally play a role in the Mercy process. The Judiciary has operated in furtherance of the very section 89 of the Constitution referenced and erroneously or disingenuously explained in the (Rambally's) press release.
"Section 89 (1) of the Constitution outlines the functions of the Advisory Committee and states that: 'Where an offender has been sentenced to death by any Court for an offence against the law of Trinidad and Tobago, the minister shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as the minister may require, to be taken into consideration at a meeting of the Advisory Committee.''
The Judiciary explained that the permanent secretary in the Ministry of National Security requested the records of cases in relation to people who were sentenced to death by the Court and are seeking presidential pardon.
The release said contrary to allegations made by Rambally, the Judiciary did not compile a list of people eligible for pardon.
The Judiciary said that many of the candidates had very old matters and the its staff had to search its archives to compile the files. The Registrar and the Court Administration Unit compiled the files while the Judicial Research Counsel and the Courts Records Unit reviewed them.
The Judiciary pointed out that many of
