In 1996, a man by the name of Wenceslaus James was sentenced to hang, for the murder of a taxi driver. Just as in Singapore, the death penalty is mandatory for murder in Trinidad and Tobago. On 14th November 2023, James was finally released after over 3 decades in custody.
What Happened?
In 1999, he was set to be executed on the same day his co-accused, Antony Briggs, was. While he was transferred to a new cell to await his execution, he heard Briggs life being taken from him. Without any explanation given to him, he was taken back to his cell. He had narrowly escaped death. It is unknown still, why his execution was cancelled that day.
“there was blood and vomit and excrement on the floor from the previous persons waiting to be hanged.” – Wenceslaus James, speaking about the holding cell he was placed in, prior to his near-execution
In that same year, he heard the final moments of nine other prisoners. His cell was right next to the gallows, leaving him traumatised. No executions have been carried out since then; the most recent execution in Trinidad and Tobago remains to be Anthony Briggs’s, in 1999.
“I could see the rope and hear the snap of the trapdoor. It still haunts me. I feel sick and weak. It was the most horrible experience of my life.” – Wenceslaus James
Why Was He Released?
Since his conviction, there have been changes to the law. That means, if he had committed the crime today, he would not receive the death penalty. Instead, he would serve a finite number of years, decided by a judge. Based on this, the High Court sentenced him to 30 years. Since he had already served more than 30 years, 24 of which he was awaiting his execution, he was finally released from prison.
Thanks to The Death Penalty Project, a rights group that fights for the abolishment of the death penalty, James was able to get the help required for his case. Local attorney, Daniel Khan, successfully filed a constitutional motion challenging James’s death sentence. In this interview, James talks about what life after death row is like, while Khan dives into his case.
The Death Penalty in Trinidad & Tobago
Interestingly, the government has openly acknowledged that that the mandatory death penalty is a cruel and inhumane punishment. But, they argue that politicians should be the ones to decide whether it should be abolished, not the courts. Thus, they have found a way to prevent the abolishment of this practice.
“The sentence is recognised internationally as cruel and unusual punishment. The state does not dispute that characterisation.” – Lord James, JC Privy Council
The mandatory death penalty only applies to murder, in Trinidad & Tobago. They are also the only nation in the Caribbean to retain the colonial law.
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