Long delay provides hope

PUBLIC Solicitor Leslie Mamu is seeking the Supreme Court’s interpretation of the Constitution regarding the rights of two prisoners on death row whose execution has been on hold for six years.
The reference he filed is before a five-man bench comprising Deputy Chief Justice Ambeng Kandakasi, Justice George Manuhu, Justice Collin Makail, Justice Ere Kariko and Justice Nickolas Miviri.
At yesterday’s hearing, Mamu questioned whether the delay in executing a death sentence for more than six years from the date of the sentence, constituted inordinate, undue and unreasonable delay tantamount to inhuman treatment, therefore in breach of Section 36 of the Constitution.
The prisoners are Alois Erebebe and Taros Togote who were convicted of nine counts of wilful murder. They were originally sentenced to life but on May 2, 2013, this was upgraded to the death penalty.
Their appeal against the conviction was unsuccessful.
Mamu told the court that after six years, the death sentence remained pending.
The two are detained at Bomana Prison.
Justices Kandakasi, Makail and Kariko were concerned that the application might have some defective issues because it was about only two prisoners and not issues in general.
Justice Kariko said it should have been a general application for all prisoners on death row.
The judges explained that a Supreme Court reference was to seek the court’s interpretation of the law.
The issue raised by Mamu should have been filed by way of a human rights application in the Supreme Court.
Solicitor-General Tauvasa Tanuvasa told the court that there was no delay that could amount to a breach of human rights.
Tanuvasa said the State was aware of the matter.
He further argued that the proceedings should be dismissed due to defective issues in the application.
A decision is expected to be handed down at the end of the July sitting of the Supreme Court.