The Senate yesterday voted to retain the death penalty. Three senators were, however, absent. The final count was 10 for the retention of the death penalty and seven against.
Opposition Senator Sandrea Falconer turned up a few minutes after the vote was taken.
Efforts were made by the Opposition to delay the vote until she arrived, but it was not supported by the Government senators.
When the reverse question was asked for those who were in favour of abolishing the death penalty, seven voted to abolish while 10 voted against removing it from the books.
Similar case
Yesterday's conscience vote in the Senate followed a similar vote in the House of Representatives, where 34 members voted in favour of retaining the death penalty, while 15 voted against. Ten members were absent and the Speaker of the House did not have a vote.
While stating that he was not making a comparison between the Senate and other quarters, Speaker of the Senate Oswald Harding said he was pleased with how the members conducted themselves during the debate.
Three senators made contributions to the death penalty debate before the vote was taken.
Government Senator Tom Tavares-Finson, who voted against the death penalty, said while he believed that the system could efficiently and fairly conduct a regime of capital punishment, he could not support it.
"I cannot stand here today in Gordon House and offer a vote for the retention of the death penalty in Jamaica in 2008. To do so would be a betrayal of my conscience," he said.
Tavares-Finson said history has shown that the imposition of capital punishment on a few hapless souls will do nothing to stem the rising tide of criminality and murder.
"Nor will hanging them high or public executions in Half-Way-Tree Square stop this scourge of murder which permeates every aspect of Jamaican life today," he said.
Appeals pending
Tavares-Finson said the eight men who are at present on death row have appeals pending before the Court of Appeal.
"The question may very well be asked, therefore, where have all the murderers gone? Who is there for us to hang?"
Prime Minister Bruce Golding said last month that provided that the Senate votes in a similar manner to the House, he would move an amendment to the Constitution to remove the stricture, which requires that the process of appeals through execution take place within five years of sentencing or a condemned inmate's sentence should be commuted.
In his contribution, Senator Don Wehby, who voted to retain the death penalty, said it should be used only in the case of the most violent crimes.
"I would argue, however, that the law be amended to accommodate a more humane means of capital punishment, such as lethal injection.
Senator Desmond McKenzie said he was in support of retaining the death penalty, although it could not completely eliminate murders.
Source: jamaica-gleaner.com, December 20, 2008
