ATTORNEY AT LAW

BAR NO:

ADVOCATE ATTORNEY-AT-LAW
ATTORNEY-AT-LAW
BAR NUMBER:

REPUBLIC OF TRINIDAD AND TOBAGO

IN THE HIGH COURT OF JUSTICE

PORT OF SPAIN
H.C.A. 0001 OF 2015

IN THE MATTER OF AN APPLICATION BY A, M, J AND K (ON THEIR OWN

BEHALF AND ON BEHALF OR FOR THE BENEFIT OF ALL PERSONS ON DEATH
ROW WHO WERE SENTENCED TO DEATH BEFORE THE PRIVY COUNCIL
DELIVERED ITS JUDGMENT IN MATTHEWS-V-THE STATE ON JULY 7TH 2004),
PERSONS ALLEGING THAT THEIR RIGHTS (AND OF THOSE WHOM THEY
REPRESENT) GUARANTEED BY SECTION 4(A), (B) AND (D) AND 5(2), (A), (E)
AND (H) OF THE CONSTITUTION HAVE BEEN ARE BEING OR ARE LIKELY TO
BE CONTRAVENED IN RELATION TO THEM (AND IN RELATION TO THOSE
WHOM THEY REPRESENT), FOR REDRESS IN ACCORDANCE WITH SECTION
14 OF THE CONSTITUTION
AND
IN THE MATTER OF AN APPLICATION BY A, M, J AND K (ON THEIR OWN
BEHALF AND ON BEHALF OR FOR THE BENEFIT OF ALL PERSONS ON DEATH
ROW WHO WERE SENTENCED TO DEATH BEFORE THE PRIVY COUNCIL
DELIVERED ITS JUDGMENT IN MATTHEWS V-THE STATE ON JULY 2004) FOR
AN INTERIM STAY OF EXECUTION OF THE SENTENCE OF DEATH ON HIM
(AND THOSE WHOM HE REPRESENTS) OR ALTERNATIVELY FOR A
CONSERVATORY ORDER)
BETWEEN
BY A, M, J AND K (ON THEIR OWN BEHALF AND ON BEHALF OR FOR THE
BENEFIT OF ALL PERSONS ON DEATH ROW WHO WERE SENTENCED TO

DEATH BEFORE THE PRIVY COUNCIL DELIVERED ITS JUDGEMENTIN

MATTHEWS-V-THE STATE ON JULY 7TH 2004)
APPLICANTS

AND
(COMMISSIONER OF PRISONS)
AND
(REGISTRAR OF THE SUPREME COURT)
AND
THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO
RESPONDENTS

NOTICE OF APPLICATION
FOR EXTENSION OF TIME
PURSUANT TO THE CIVIL PROCEEDINGS RULES

TAKE NOTICE that the Applicants named in Appendix A hereto

attached applies to this Honourable Court for:
1. An Order that leave to Attorneys-at-Law representing
Applicants in Paragraph 1, 2 and 4 of Order dated 23 rd
March 2015 (hereafter referred to as the Order) be
extended to 31st August, 2015.

AND FURTHER TAKE NOTICE that this application will be

heard by the Honourable Mr. Justice on the 10 th day of July, 2015
in POS 00, Hall of Justice, Port of Spain.
Dated this 8th day of July, 2015.

...
filing attorney
Attorney at Law for the named Applicants

TO:

AND TO:

THE REGISTRAR

Hall of Justice
PORT OF SPAIN
CHIEF STATE SOLICITOR
Cabildo Chambers
Port of Spain

ATTORNEY AT LAW
BAR NO:

ADVOCATE ATTORNEY-AT-LAW

ATTORNEY-AT-LAW
BAR NUMBER-

REPUBLIC OF TRINIDAD AND TOBAGO

IN THE HIGH COURT OF JUSTICE

PORT OF SPAIN
H.C.A. 0001 OF 2015

IN THE MATTER OF AN APPLICATION BY A, M, J AND K (ON THEIR OWN

BEHALF AND ON BEHALF OR FOR THE BENEFIT OF ALL PERSONS ON DEATH
ROW WHO WERE SENTENCED TO DEATH BEFORE THE PRIVY COUNCIL
DELIVERED ITS JUDGMENT IN MATTHEWS-V-THE STATE ON JULY 7TH 2004),
PERSONS ALLEGING THAT THEIR RIGHTS (AND OF THOSE WHOM THEY
REPRESENT) GUARANTEED BY SECTION 4(A), (B) AND (D) AND 5(2), (A), (E)
AND (H) OF THE CONSTITUTION HAVE BEEN ARE BEING OR ARE LIKELY TO
BE CONTRAVENED IN RELATION TO THEM (AND IN RELATION TO THOSE
WHOM THEY REPRESENT), FOR REDRESS IN ACCORDANCE WITH SECTION
14 OF THE CONSTITUTION
AND
IN THE MATTER OF AN APPLICATION BY A, M, J AND K (ON THEIR OWN
BEHALF AND ON BEHALF OR FOR THE BENEFIT OF ALL PERSONS ON DEATH
ROW WHO WERE SENTENCED TO DEATH BEFORE THE PRIVY COUNCIL
DELIVERED ITS JUDGMENT IN MATTHEWS V-THE STATE ON JULY 2004) FOR
AN INTERIM STAY OF EXECUTION OF THE SENTENCE OF DEATH ON HIM
(AND THOSE WHOM HE REPRESENTS) OR ALTERNATIVELY FOR A
CONSERVATORY ORDER)
BETWEEN

BY A, M, JAND K (ON THEIR OWN BEHALF AND ON BEHALF OR FOR THE

BENEFIT OF ALL PERSONS ON DEATH ROW WHO WERE SENTENCED TO
DEATH BEFORE THE PRIVY COUNCIL DELIVERED ITS JUDGEMENTIN
MATTHEWS-V-THE STATE ON JULY 7TH 2004)
APPLICANTS

AND
(COMMISSIONER OF PRISONS)
AND
(REGISTRAR OF THE SUPREME COURT)
AND
THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO
RESPONDENTS

I, FILING ATTORNEY of Port of Spain, Attorney at Law make

oath and say as follows:
1. The facts deposed to herein are true and correct and within
my personal knowledge except where stated to be on
information and belief, in which event I verily believe the
same to be true and accurate.
2. I am an Attorney at Law and I have conduct of this action
on behalf of the named Claimants.
3. I came on record in this matter in August, 2014 on and by
the request of Lord INSERT on behalf of Deathrow Inmate J
and subsequently on behalf of others named in Appendix A.
4. After coming on record I took instructions from J until the
Order of Justice JUDGE made and dated

5. Following the making of this Order I began taking

instructions from other inmates who requested my
representation in writing.
6. After a continuous process of taking instructions combined
with research I concluded that each inmate named in
Appendix A ought to be represented individually.
7. Since 2014 to present the last day being 7 th July, 2015 I
have seen and taken instructions from the said individual
inmates with the end result of satisfying Part 1 in order to
complete parts 3 and 4 of Justice JUDGES Order dated 23 rd
March 2015.
8. The process involved and still requires numerous prison
visits which must be coordinated with Officers in charge at
the Port-of-Spain Prison as the seventeen (17) inmates I
represent are each from Carrera, Port-of-Spain and Golden
Grove Maximum and Golden Grove Womens Prisons
respectively. The process of physically going into each of
these four (4) prisons consumes time in the range of
consecutive and non-consecutive days over which I have
little control over.
9. The administrative and security management of the prisons
are considerations which impact on when the inmates I
represent are actually allowed to give me instructions. As a
result instructions continue to be an ongoing and serial
process. This process has in this instance impaired my
ability to comply with the requirements of Parts 1, 3 and 4
of the Order dated 23rd March, 2015.
10.
The process of taking instructions taken together with
the requirements of the Order are impossible to reconcile
without ample extension of time.
11.
I have completed taking instructions on 7 th July, 2015
unless the need to do this arises again.
12.
In the circumstances I humbly pray that the
Honourable court grants the application for extension of

time to comply with Parts 1, 3 and 4 until 31 st August,

2015.

SWORN to at
)
This
)
Day
of
September, 20 )

Before me,

COMMISSIONER OF AFFIDAVITS
FILED ON BEHALF OF THE PLAINTIFF HEREIN

ATTORNEY AT LAW
BAR NO:

ADVOCATE ATTORNEY-AT-LAW
ATTORNEY-AT-LAW
BAR NUMBER-

REPUBLIC OF TRINIDAD AND TOBAGO

IN THE HIGH COURT OF JUSTICE

PORT OF SPAIN
H.C.A. 0001 OF 2015

IN THE MATTER OF AN APPLICATION BY A, M, J AND K (ON THEIR OWN

BEHALF AND ON BEHALF OR FOR THE BENEFIT OF ALL PERSONS ON DEATH
ROW WHO WERE SENTENCED TO DEATH BEFORE THE PRIVY COUNCIL
DELIVERED ITS JUDGMENT IN MATTHEWS-V-THE STATE ON JULY 7TH 2004),
PERSONS ALLEGING THAT THEIR RIGHTS (AND OF THOSE WHOM THEY
REPRESENT) GUARANTEED BY SECTION 4(A), (B) AND (D) AND 5(2), (A), (E)
AND (H) OF THE CONSTITUTION HAVE BEEN ARE BEING OR ARE LIKELY TO
BE CONTRAVENED IN RELATION TO THEM (AND IN RELATION TO THOSE
WHOM THEY REPRESENT), FOR REDRESS IN ACCORDANCE WITH SECTION
14 OF THE CONSTITUTION

AND
IN THE MATTER OF AN APPLICATION BY A, M, J AND K (ON THEIR OWN
BEHALF AND ON BEHALF OR FOR THE BENEFIT OF ALL PERSONS ON DEATH
ROW WHO WERE SENTENCED TO DEATH BEFORE THE PRIVY COUNCIL
DELIVERED ITS JUDGMENT IN MATTHEWS V-THE STATE ON JULY 2004) FOR
AN INTERIM STAY OF EXECUTION OF THE SENTENCE OF DEATH ON HIM
(AND THOSE WHOM HE REPRESENTS) OR ALTERNATIVELY FOR A
CONSERVATORY ORDER)
BETWEEN
BY A, M, J AND K (ON THEIR OWN BEHALF AND ON BEHALF OR FOR THE
BENEFIT OF ALL PERSONS ON DEATH ROW WHO WERE SENTENCED TO
DEATH BEFORE THE PRIVY COUNCIL DELIVERED ITS JUDGEMENTIN
MATTHEWS-V-THE STATE ON JULY 7TH 2004)
APPLICANTS

AND
(COMMISSIONER OF PRISONS)
AND
(REGISTRAR OF THE SUPREME COURT)
AND
THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO
RESPONDENTS

**************
DRAFT ORDER
DATED the
day of July, 2015.
ENTERED the
day of
, 2015.
BEFORE The Honourable Mr. Justice JUDGE

UPON READING the Applicants Notice dated and filed the 9 th day
of July, 2015 and the affidavit thereto attached sworn and filed on
the 9th day of July, 2015.
AND UPON HEARING Attorney-at-Law for the Applicant and
Attorney-at-Law for the Claimants
IT IS HEREBY ORDERED THAT:

1. That leave to Attorneys-at-Law representing Applicants in

Paragraph 1, 2 and 4 of Order dated 23 rd March 2009
(hereafter referred to as the Order) be extended to 31 st
August, 2009.
2. There be no order as to costs.
___________________
REGISTRAR