Lewis (Neville) and Attorney General for Jamaica v Superintendent of St. Catherine District Prison

• Jurisdiction: Jamaica
• Judge: HARRISON. J.A.
• Judgment Date: 12 April 1999
• Judgment citation (vLex): [1999] 4 JJC 1201
• Court: Court of Appeal (Jamaica)
• Date: 12 April 1999

IN THE COURT OF APPEAL

BEFORE:

THE HON. MR. JUSTICE RATTRAY, P THE HON. MR. JUSTICE BINGHAM, J.A THE HON. MR. JUSTICE HARRISON, J.A

BETWEEN:

NEVILLELEWIS

PLAINTIFF/APPELLANT

AND

THE ATTORNEY - GENERAL FOR JAMAICA

1st. DEFENDANT/RESPONDENT

AND

THE SUPERINTENDENT OF ST. CATHERINE DISTRICT PRISON

2nd. DEFENDANT/RESPONDENT

Richard Small and Helga McIntyre for applicant instructed by Daly, Thwaites and Company

Lennox Campbell Senior Assistant Attorney-General and Mark Harrison for respondents

CONSTITUTIONAL LAW - Contractual rights - Breach - Stay of execution - Capital murder

HARRISON. J.A.

1 By motion filed on 29th January, 1999, the applicant Neville Lewis sought an order to stay his execution on 2nd February, 1999, until the hearing of his appeal from a judgment of the Constitutional Court handed down on 7th January, 1999, dismissing his action claiming breaches of his constitutional rights. On 1st February, 1999 this matter was first before this Court and a stay of execution of the warrant was granted until the determination of this motion. On 3rd February, 1999 we granted the motion and stayed the execution until the determination of the appeal filed. As promised these are our reasons in writing.

2 This applicant was convicted on 14th October, 1994 of capital murder. His appeal to the Court of Appeal was dismissed on 31st July, 1995, and his appeal to the Judicial Committee of the Privy Council as to his conviction was dismissed on 2nd May, 1996. He thereby exhausted his domestic remedies. The applicant on 2nd October, 1997, petitioned the Inter-American Commission on Human Rights complaining of breaches of his constitutional rights. He also filed a writ in the Supreme Court complaining of such breaches, including inter alia, a contention that it would be a breach of his rights to execute him whilst his application was pending before the said Commission. The Constitutional Court heard the matter and dismissed his action on 7th January, 1999, and on the application of counsel for the applicant, a " stay of execution (was) granted for ten (10) days." Accordingly the said stay would expire on 17th January, 1999.

3 Mr. Dennis Daly Q.C., who along with other attorneys-at-law, represented the appellant before the Constitutional Court swore, in his affidavit dated 28th January, 1999, and filed in support of the motion, that on receiving the judgment on 7th January, 1999, he began to study it "with a view to framing grounds of appeal." He had not done so nor conferred with his colleagues due to "other matters in court." Because he was scheduled to be off the Island from 14th January, 1999, to 17th January, 1999, Mr. Daly stated that he, on 13th January, 1999, wrote to His Excellency the Governor-General advising him that:

"... we intended to appeal against...