The Privy Council has allowed the appeal of two cousins who were convicted of murdering another cousin. In delivering the judgment on Tuesday in favour of Deenish Benjamin, 30, and Deochan Ganga, 27, the five law lords considered new evidence of the cousins' mental disabilities. They were convicted on December 4, 2006 by a 12-member jury before Justice Larry Lalla for the murder of their cousin, Sunil Ganga. Sunil died on July 12, 2003 after being beaten and hung from a rafter in a shed behind his Penal home.
During the trial, Sunil's wife, Roseanne, testified she saw both men entering the shed before her husband's death.
From the evidence both men confessed while under interrogation from police. They later were convicted and sentenced to death.
Their appeal later was dismissed by the Court of Appeal. In delivering the 20-page judgement lord John Kerr considered the evidence of two British-based psychologists who evaluated the cousins' mental capacity to stand trial after their conviction. Reports provided by Drs Richard Latham and Tim Green classified both men as being mentally retarded which added both possessed very low IQs. "Dr Latham and Green are obviously distinguished in their field and their opinions that the appellants may have been unfit to plead raise a substantial issue about the fairness of their trial and the safety of their convictions," Lord Kerr stated.
In allowing their appeal the law lords ordered the case be remitted to the Court of Appeal for its consideration of the new psychological evidence. "The board considers that the evidence of the two experts, as it currently stands, will appear to warrant consideration of fitness to plead, the reliability of the appellants' confessions and the availability of a defence of diminished responsibility," Kerr added.
Although the law lords were asked in the appeal to consider if it was cruel and unusual punishment, they refrained from doing so.
"This point was not argued before the Court of Appeal. It would be wholly inappropriate for the board to embark on consideration of this question without the opinion of the Court of Appeal," Kerr noted. The cousins were represented by Queen's Counsel James Wood. Attorney Howard Stevens appeared for the State.