‘12 years of virtual purgatory’

A special plea is being made on humanitarian grounds for the Government to consider an ex gratia payment in the new year for 41-year-old Shahabadine Joseph Peart, who was wrongfully charged with murder, convicted and sentenced in June 2000 to hang.

Peart, who at times is very depressed because of the ordeal, told The Sunday Gleaner last week that it was difficult to survive because he lost so many valuable years of his life.

King’s Counsel K Churchill Neita, who met Peart some years after he was freed, is now trying to get him some assistance.

Last month Neita wrote to Attorney General Dr Derrick McKoy and sent a copy of the letter to Minister of Justice Delroy Chuck, seeking compensation for Peart who he says has suffered unbearable mental anguish.

Peart’s correct name is Shahabadine Joseph Peart but he was indicted for murder in the name Shabadine Peart because he said the police had spelt his name incorrectly.

Neita, in outlining Peart’s case in the letter, stated that on May 17, 1999, Peart, who was 18 years old and employed as a porter at the Kingston Public Hospital, was taken into custody by the police. He was charged on May 18, 1999 with the murder of Delroy Parchment.

“I may add he was not identified by any witness as a participant in that murder,” Neita stated in the letter.

“After he had been charged, he was questioned by the police without any lawyer present. I think he was asked some sixty (60) odd questions. This question and answer, which was a flagrant violation of the Judge’s rules, was a part of the Prosecution’s case at the trial,” Neita continued.

“Shahabadine was convicted and sentenced to death on June 26, 2000. In fact, when he was taken to the St Catherine District Prison, his clothes were taken from him and he was told that that was what he would be buried in.

“He subsequently appealed to the Court of Appeal which dismissed his appeal. He then appealed to the Judicial Committee of the Privy Council which upheld his appeal and sent the matter back to the Court of Appeal which ordered a retrial which took place in 2008. In that trial, there was a hung jury and the matter was postponed.

“In 2012, the prosecution discontinued the case and an innocent man finally enjoyed again that most precious of all gifts, his freedom.

“I would like to add at this stage that this case has become a landmark case and taught at our law school.”

‘SUFFERING CONSIDERABLE HARDSHIP’

Neita further wrote, “Since 2012, Shahabadine has been suffering considerable hardship, having lost over 12 years of his youth and young manhood in the horrible condition of prison. He has suffered unbearable mental anguish and even in the depths of despair has contemplated taking his own life.

“He has not been able to get stable and productive employment and has the added responsibility of a child of tender years. He also lost his mother to whom he was reattached during his incarceration.”

“Whereas nothing can erase the unbearable pain of these 12 years of virtual purgatory, I ask that you, pursuant to the instincts of humanity and justice, consider an ex gratia payment to Mr Peart,” Neita pleaded in the letter.

Peart, who was baptised on November 5, told The Sunday Gleaner that although “my life is a struggle, I am trying my best to live a Christian life and win souls for Christ”.

He added, “I really need some funds to start a little business so I can take care of myself and my son and even some people who are in need.”

- editorial@gleanerjm.com