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Death Row inmate’s sentence commuted to life
By Rabindra Rooplall
After spending 17 years on Death Row at the Camp Street Prison, 48-year-old Hafiz Hussein’s sentence was commuted to life imprisonment. The prisoner was taken off Death Row yesterday after a ruling was made by Chief Justice Ian Chang.
The motion was carried to the High Court by legal aid which gives free or subsidised legal advice and representation to people who cannot afford to pay for an attorney.
Hafiz Hussein
The court noted that it was a breach of Hussein’s right as guaranteed by article 141 of the Constitution. Thus, after spending such a prolonged period on the Death Row it was considered inhumane and degrading punishment.
Hafiz Hussein was sentenced to death for the murder of Aubrey Ramsammy, called Arnold, at Black Bush Polder, Berbice.
Despite his conviction by a jury of his peers, to this day many still believe that he is a victim of circumstance.
Hussein and another accused, Vinikanand Singh, were both sentenced to death by Justice Claudette Singh and without hesitation they both appealed their convictions. Hussein had also appealed to the Committee for the Prerogative of Mercy.
In September 1993, Hafeez Hussain, Vivakanand Singh, Tola Persaud and Hasrat Hussain were charged with murder, and in October 1994, they were committed to stand trial at the High Court. Two years later, on March 26, 1996, Hafeez Hussain and Singh were sentenced to death.
The two other accused, Hasrat Hussain and Persaud, were found guilty of manslaughter and sentenced to two and three years imprisonment respectively.
In 1994, the four accused appealed their convictions in the Court of Appeal. The grounds of appeal were that the trial judge omitted to direct the jury adequately on the law relating to identification, and that he did not adequately deal with the effects of the evidentiary statements said to be inconsistent.
The four men also claimed that the trial in a Corentyne District Court, following which they were automatically sentenced to death, was unfair.
They argued that the police daily-record book which contained entries about the “real” authors of the crime was lost during the trial.
According to the appeal records, the testimonies of several witnesses were not taken into account, a police officer gave contradictory testimony, and other testimonies which proved to contain “significant discrepancies” were used against the accused.
The quartet further argued that the trial judge did not direct the jury how to approach such issues, in particular, the reliability of testimonies.
Also of significance was the fact that the officer-in-charge of the investigation was related to the deceased, presenting a conflict of interest.
According to the application of appeal, the investigator’s findings were partial and biased owing to his relationship with the dead man.
The appeal, concerning the Hussains and Singh, was dismissed. Persaud subsequently appealed his three-year sentence and was given an additional seven years in jail.
After Singh’s appeal was dismissed, he took his case to the United Nations which reviewed the case and recommended that the sentence be commuted to life imprisonment.
The United Nations found that a crucial document was missing resulting in an unfair trial and recommended that Hussein’s sentence should be commuted.
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