Witter says no to capital punishment

VETERAN ATTORNEY-AT-LAW and Public Defender Earl Witter is not supporting calls by senior members of the Government for the speedy reintroduction of capital punishment.

Witter, who has spent more than 30 years in the courts, said, on Wednesday, that he could not support capital punishment until the justice system is fixed.

"Until such time as the legal system and the Government, who is the guarantor, can ensure - with the kind of certitude that none can doubt - that no innocent person accused of capital murder may be condemned to suffer that penalty, so long will I be opposed to capital punishment," Witter declared, during a briefing at his downtown Kingston offices.

"Because I can conceive of no greater injustice than the taking of an innocent human's life by the state in the name of law enforcement," added Witter.

He said those persons clamouring for the resumption of capital punishment should consider persons who may be innocent and sentenced to death.

"And there has been more than anecdotal evidence of the innocent being condemned and being subjected to capital punishment."

Witter noted that under Jamaican law, the prosecution needs to only prove that an accused is guilty beyond a reasonable doubt.

According to Witter, "It is not, as some suppose, beyond a shadow of a doubt or to any standard of certainty, so there is room for error. There is room for mistake and there is the ghastly risk we run in the awarding and execution of this penalty by taking the life of one who may be innocent in fact and in law."

"The position I take is on account of that possibility and I cannot support the idea of capital punishment."

Back in business

Witter was responding to questions from members of the media about Prime Minister Bruce Golding and state minister in the Ministry of National Security, Dr St Aubyn Bartlett's, desire to see the hangman back in business.

Parliament has voted to retain the death penalty on the law books, but the six persons now on death row have not exhausted their appeals.

'Until such time as the legal system and the Government, who is the guarantor, can ensure - with the kind of certitude that none can doubt - that no innocent person accused of capital murder may be condemned to suffer that penalty, so long will I be opposed to capital punishment.'