Press Release: Privy Council Allows Appeal in Three Death Penalty Cases
- 23 Sep 2009
The Privy Council has allowed an appeal on behalf of Mr Akim Carter and quashed his sentence of death.
Mr Akim Carter appealed to the Privy Council for leave to appeal on the basis of fresh medical evidence in the form of psychiatric and psychological reports.
The Appellant was assessed by a psychologist who had concluded that Mr Carter suffered from a learning disability. This was also confirmed by a psychiatric report. Such evidence was relevant to Mr Carter’s sentence of death and as such required proper investigation by a court in the interest of justice. Furthermore, the imposition of a death sentence on a mentally retarded defendant was cruel and unusual punishment.
The State after carrying out medical investigations consented to the appeal on sentence and as a result of the fresh medical evidence consented to the case being remitted to the Court of Appeal for resentencing.
Mr Carter’s sentence of death was quashed and his case is to be heard by the Court of Appeal.
DAVID NOEL AND STEVE GILBERT
The Privy Council has allowed two appeals from Grenada who had originally been sentenced to death. The sentence of death imposed on Mr Noel and Mr Gilbert has been quashed and the cases have been remitted back to the Supreme Court of Grenada for resentencing.