Case dismissed but Yassin, Thomas get more leave
CONDEMNED murderers Abdool Saleem Yassin and Noel Thomas lost their latest bid to avoid the gallows yesterday when Justice Winston Moore dismissed their application to extend a conservatory order against their hanging. He ruled that the arguments adduced on the interlocutory summons by which they proceeded had no merit, was scandalous and an abuse of the process of the Court. But the judge, noting that the applicants had the right of appeal, granted them five days within which to do so and a further stay of execution until Monday. The next tribunal through which the duo can seek a review is the Full Court and, after yesterday's decision, one of the lawyers who appeared for Yassin and Thomas, Mr Nigel Hughes gave formal notice of appeal. However, the Attorney General, Mr Charles Ramson, SC, who represented the State, objected to way in which the notfication was given. "You cannot give a notice of appeal here. This is not a Magistrate's Court. Certainly you cannot give a notice of appeal here," Ramson insisted, arguing that, because Justice Moore refused to continue the summons, it will be impossible for the judge to yield to any request for a stay in the "open air". Ramson maintained that it was beyond the judge's power, at that stage, to further delay that of which he had already disposed. "You cannot extend what does not exist," the AG contended. Nevertheless, Justice Moore, though acknowledging that Yassin and Thomas cannot so serve notice of appeal, agreed they had the right to ask for leave and he acceded to the grant. The duo, who are facing the death sentence for the unlawful 1987 killing of Abdool Kaleem Yassin, younger brother of the convicted Yassin, had previously exhausted appeals by way of four constitutional motions in the local Courts and an approach to the United Nations Human Rights Committee, in their quest to escape the hangman's noose. After alluding to all the 16 points raised on behalf of the convicts, Justice Moore said he did not agree with any, including the charge of bias against Ramson. The judge said the AG was entitled, as a Minister of the Government, to state its policy on the death penalty. On the issue of the Advisory Council on the Prerogative of Mercy not being properly constituted because there was no registered doctor, Justice Moore held that all the law required was a qualified medical practitioner and one was on the body. He said the Council had sat and made known its views and the AG, in keeping with the law, expressed his own opinions to the President.
|