OPPOSITION Leader Kamla Persad-Bissessar said entrusting decisions on which prisoners should be pardoned to the Judiciary is a flagrant violation of the law.
“This is utter madness,” she said at the United National Congress (UNC) Virtual Report on Monday night.
Pointing out that is the function of the Mercy Committee, in consultation with a number of people, including the Leader of the Opposition, she said she has not been consulted on the issue to date.
Accusing the People’s National Movement (PNM) of interference, Persad-Bissessar challenged the Judiciary to reveal who instructed them to compile a list of prisoners for pardosn, when the Judiciary has no part to play in the process.
“The Judiciary must come clean with the people of TT and tell us who that official was.
“Was it the same official who sabotaged the PolSC merit list at the President's House? Tell the people the truth.”
She referred to the warning by MP Dinesh Rambally that there may be a breach of the Constitution in the Criminal Bar Association's proposal for 60 prisoners to be released to commemorate the 60th anniversary of independence.
There was no word from the Attorney General Reginald Armour nor the Prime Minister as to whether the proposal was being considered.
“Now, lo and behold, it is being revealed that staff members within the Judiciary have been instructed to assist with the Mercy Committee.
“In fact, we now know that since August 8, 13 judicial research counsels in conjunction with the Registrar's office, have been going through court documents and compiling a list of persons they deem eligible to be pardoned.
“We have also learnt that this process has been temporarily halted due to persons contracting covid19.”
Persad-Bissessar said it was only when Rambally called for clarity that the Judiciary sent an unsigned press statement confirming the plan.
She explained, “The law, when it comes to Mercy Committees, is crystal clear.
“The power of pardon is governed by the conjoint effect of sections 87, 88 and 89 of the Constitution, which provides for the President of the Republic to act on the advice of a minister designated by him acting in accordance with the advice of the Prime Minister.
“An advisory committee (or mercy committee) will advise the minister and the President on the exercise of the power.”
She identified the make-up of the Mercy Committee, officially the Advisory Committee on the Power of Pardon. It must consist of a minister designated by the President who shall be the chairman.
Itis also to include the AG, DPP, and no more than four other members appointed by the President in consultation with the Prime Minister and the Leader of the Opposition.
The Executive must consult with the Advisory Committee, which will provide recommendations on offenders who have not been sentenced to death.
Where an offender has been sentenced to death, the judge in the case must submit a written report and other relevant information must be provided as required.
"The Judiciary therefore, plays no part in
