Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
September 14, 2007

Pratt v Morgan Pt: 2

Two weeks ago, we looked at Pratt v Morgan, a Privy Council decision, No. 10 of 1993, which established the precedent that no one should be held on death row for more than five years, otherwise “there would be strong grounds for believing that the delay is such as to constitute inhuman or degrading punishment or treatment.”{{more}} In that case, their Lordships of the Privy Council allowed the appeal, as the two appellants had been held on death row for a period of fourteen years. Their Lordships advised Her Majesty that their sentences be commuted to life imprisonment.” Since then, one appellant died in prison, and the other was released earlier this year.

In their written judgment, their Lordships chronicled the delays, which stretched over the period from January 15th 1979, when the prisoners were convicted, to 1993, when their death sentence was commuted to life imprisonment.

Application was made to the Court of Appeal within three days of the conviction on 18th January, 1979, for leave to appeal, but the Legal Aid certificate, which was required to assign Counsel for their defence, was delayed. The Certificate was not obtained, even after the matter was listed. The case had to be taken off the list to await the Legal Aid certificate. When the case eventually reached the Court of Appeal, it was dismissed.

On dismissal of an appeal of this nature, the law requires that the reasons for the dismissal, together with other particulars of the case to be sent to the Governor General, to be forwarded to the Jamaican Privy Council (JPC). In this case, the intimation in writing to show an intention to apply to the JPC appeared not to have reached the Governor General.

Their Lordships felt that the case should have reached the JPC as early as 1981 for advice as to whether the men should be executed in accordance with sections 90 and 91 of the Constitution of Jamaica. These sections are supported by the “common law practice that execution followed as swiftly as practical after sentence.” Further delays came as a result of the political debate on the desirability of retaining the death sentence. During this time, there was a short moratorium on execution in Jamaica. Even after the Committee of Enquiry that was appointed to look into the matter gave its report and executions were resumed in 1981, no action was taken on behalf of the prisoners.

Their Lordships reported that that same year, one of the prisoners, Pratt, petitioned the American Commission on Human Rights (IACHR), and it was not until the IACHR wrote to the Government requesting information that they became aware of that application. The application was later dealt with, and it rejected Pratt’s submission, but it recommended commutation on humanitarian grounds.

No date having been fixed for the execution, neither the appellant nor the authorities took action. Then Pratt wrote to an English Member of Parliament, and was given a reply by the Registrar of the Judicial Committee of the Privy Council. He thereafter sought the reasons for the dismissal of his appeal by the Court of Appeal. It was not until 24th September, 1984, that they were handed down.

Even though reasons were provided, there was still no effort to reach the Judicial Committee of the Privy Council for leave by the appellants, and no referral by the authorities to the JPC for an execution date.

In 1986, another international body, the United Nations Human Rights Committee, under the International Covenant on Civil and Political Rights, was petitioned without success.

Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    NATIONAL DAY OF PRAYER
    Press Release
    NATIONAL DAY OF PRAYER
    Webmaster 
    October 5, 2026
    The National Day of Prayer will be observed in St. Vincent and the Grenadines on Monday, 5th October, 2026 under the theme: "Restore, Unite and Uplift...
    Who is Ruling the Classroom? Parents and Ministry of Education Tie the Hands of SVG Teachers
    Press Release
    Who is Ruling the Classroom? Parents and Ministry of Education Tie the Hands of SVG Teachers
    Webmaster 
    September 29, 2026
    By Yvette Gittens, Early Childhood Practitioner and Literacy Specialist, SVG. The Ministry of Education must reconsider policies that restrict teacher...
    Five charged in separate ammo and firearms offenses
    Press Release
    Five charged in separate ammo and firearms offenses
    Webmaster 
    September 29, 2026
    Police arrested and charged five men in connection with two separate firearms and ammunition offenses in operations conducted on Sunday, September 26,...
    Tourism Authority’s CEO Shafia London selected for prestigious IWF Leadership Fellows Programme
    News
    Tourism Authority’s CEO Shafia London selected for prestigious IWF Leadership Fellows Programme
    Webmaster 
    September 28, 2026
    Chief Executive Officer of the St. Vincent and the Grenadines Tourism Authority (SVGTA), Shafia London, has been selected for the prestigious Internat...
    VINLEC explains its metering operations at press briefing
    Press Release
    VINLEC explains its metering operations at press briefing
    Webmaster 
    September 28, 2026
    The meters previously used by the St Vincent Electricity Services Limited (VINLEC) were electromechanical ones as Senior Transmission and Distribution...
    West St George Secondary School celebrates 22 years
    Press Release
    West St George Secondary School celebrates 22 years
    Webmaster 
    September 28, 2026
    On Wednesday September 16, 2026, the West St George Secondary School (WSGSS), in Belair celebrated its 22nd year of operation with a thanksgiving serv...
    News
    Tourism Authority’s CEO Shafia London selected for prestigious IWF Leadership Fellows Programme
    News
    Tourism Authority’s CEO Shafia London selected for prestigious IWF Leadership Fellows Programme
    Webmaster 
    September 28, 2026
    Chief Executive Officer of the St. Vincent and the Grenadines Tourism Authority (SVGTA), Shafia London, has been selected for the prestigious Internat...
    RedRootSVG to launch island-wide Human Rights Campaign
    News
    RedRootSVG to launch island-wide Human Rights Campaign
    Webmaster 
    September 26, 2026
    RedRootSVG Inc is set to launch an island-wide initiative designed to educate, empower, and engage citizens on their fundamental human rights and resp...
    Round D Town Relay attracts over 60 teams
    News
    Round D Town Relay attracts over 60 teams
    Webmaster 
    September 26, 2026
    The 2026 Team Athletics SVG Round D Town Road Relay set for this Sunday, September 27 in the streets of capital, Kingstown, has attracted a whopping 6...
    Workers at statutory body raise concerns about operations
    News
    Workers at statutory body raise concerns about operations
    Webmaster 
    September 25, 2026
    CONCERNS have been raised about the administration and operation of a publicly funded social-support organisation following comments by Prime Minister...
    SVG listed in six categories for recognition in Wanderlust Reader Travel Awards
    News
    SVG listed in six categories for recognition in Wanderlust Reader Travel Awards
    Webmaster 
    September 22, 2026
    ST.VINCENT AND THE Grenadines (SVG), has been shortlisted in six categories in the 2026 Wanderlust Reader Travel Awards, one of the United Kingdom’s l...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok