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Understanding the Law
August 8, 2008

Special Sitting of the High Court

The lawyers turned out in their numbers to pay tribute to the late Bertram Stapleton who was gunned down on the steps leading to his Chambers on the top floor of the Hinds building. The sitting took place on 30th July, 2008, and the question that was continuously asked was why a young man in the prime of his life had to die in such a cruel manner.{{more}} The Prime Minister informed his audience that it was the 15th murder for the year but it was “…15 too many.”

Speeches came from the Inner (Queen’s Counsel) and Utter Bars of St. Vincent and the Grenadines Bar Association and members of the Establishment, including the Prime Minister and the Attorney General. On this occasion, precedent was set when a High Court bailiff mounted the stand and paid a heart rending tribute to the life and works of the deceased. A member of the Antigua Barbuda Bar Association and close friend of the deceased journeyed to SVG to fit in that phase of his life in Antigua, while the DPP gave insights into his court experience. All the speakers expressed their shock and abhorrence of the senseless killing of a human being who was on his way to his office to begin a new day at work.

Life and works

Bertram Stapleton started his earthly life in humble circumstances. His great desire to make his life worthwhile led him to join the Antigua and Barbuda Police Force. Every one who spoke at that gathering attested to his desire to promote and educate himself. By age thirty he was a lawyer and at the time of his death he was already set up in his own Chambers. His love for country and especially his home town of Chateaubelair was not lost by those who knew him. Some would remember him as the outspoken person who made candid statements to the press but many others would remember him as a jovial, energetic, down-to-earth person who stood up for the poor and suffering.

Impact of technicalities

The issue of the justice system was raised by one Queen’s Counsel who expressed his concern about the impact of technicalities on matters before the Privy Council. He pointed to the case of Lester Pitman vs the State (Privy Council Appeal No. 89 of 2005) in which two persons were charged for three murders in Trinidad and Tobago. Their Lordships of the Privy Council, after due consideration, remitted the case to the Court of Appeal to determine the safety of the conviction, in the light of fresh evidence and, among other things, the appellant’s ability to understand and participate in a joint venture. In fact, the neuropsychologist who gave evidence determined that the IQ of the appellant “fell well below 70, the figure which represents significant impairment”

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

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