Yassin and Thomas in new Constitutional motion
CONDEMNED murderers Abdool Saleem Yassin and Noel Thomas, filed a new Constitutional motion yesterday. The two men won a legal battle against the State recently when the Full Court gave them an opportunity to file a new writ after ruling that a trial judge had wrongfully dismissed their summons. The applicants, represented by Mr Stephen Fraser, have filed a 12-page statement of Claim in the Supreme Court Registry in which they are claiming 34 declarations from˙the High Court. Yassin and Thomas are enjoying a further stay of execution until their summons are heard and determined by the High Court. Among other things, they are asking the Court to declare that Justice Carl Singh acted Ultra Vires article 190 (1) of the Constitution when he ordered that the advisory council specifically take into account the report of the United Nations Human Rights Committee. They are also asking for :- (a) A declaration that the State took no constitutionally mandated steps to set the exercise of the Prerogative of Mercy in motion; (b) A declaration that the designated minister having tendered his opinion to President Janet Jagan he became functus officio and consequently could not carry out any longer any further functions or responsibilities and in particular was incompetent to tender any opinion or opinion/report to President Bharrat Jagdeo; (c) A declaration that former President Janet Jagan failed to exercise the Prerogative of Mercy in accordance with the express provisions of the Constitution; (d) An order prohibiting or restricting the Government or State of Guyana from carrying out the death sentence in respect of the plaintiffs; (e) An Order commuting death sentence, imposed upon the plaintiffs, to life imprisonment; (f) A declaration that the attempts by the State to carry out the death sentence imposed upon the plaintiffs in December 1992, are unconstitutional null and void. At the ruling of the Full Court on December 20, the Chief Justice, the President of the Full Court had advised Fraser to file his papers expeditiously for quick action in his continuing quest to save Yassin and Thomas from the gallows. They were twice sentenced to death for the unlawful killing of Yassin's younger brother, Abdool Kaleem Yassin, in 1987, following a dispute over the siblings' inheritance from their father. (GEORGE BARCLAY)
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