Archive for the ‘Death penalty’ Category


The disgraceful treatment of this man in Florida continues.  The American justice system shamed

WE attach the latest message from Reprieve about this man’s continuing incarceration in Florida despite his innocence being demonstrated beyond doubt.  We have written about this case before.

Every time I [Clive Stafford Smith] think that Kris Maharaj cannot be subjected to any more injustice, agents of the State of Florida comes up trumps.  I last visited Kris in the euphemistically named South Florida Reception in September.  I went to share the good news that the Magistrate Judge had set a hearing for October 17th.  This meant we would finally be allowed to prove that his trial was manifestly unfair – and the last 33 years he’s spent in Florida’s prison system are unjust.

I should have known the devastating impact of a broken justice system could not be remedied so quickly – 33 years and counting.  The Magistrate had already agreed that we had submitted proof such that no reasonable juror could now convict Kris of the murders of Derrick and Duane Moo Young in Room 1215 of Miami’s Dupont Plaza Hotel all those years ago on October 16th, 1986.  We dismantled every element of the prosecution case against Kris, and obtained sworn testimony from six unimpeached alibi witnesses who placed him far away. Kris even passed his lie detector test: the prosecution’s star witness did not.

Lastly, we lined up half a dozen Colombian cartel witnesses who expressed shock that Kris was locked up for killing the Moo Youngs.  The murders were a hit ordered by Pablo Escobar, they said – the Moo Youngs had been stealing from the Narcos and “had to die.”  One might imagine that this would be sufficient for Kris to be restored to the arms of his long-suffering wife Marita, but under current U.S. precedent it is – we are told – possible that a fair trial should come to the wrong result.  Hence, logic mandates, the mere fact that you are innocent is not enough: you must prove the trial was itself marred.

I stayed with Marita the night before my prison visit. She lives a lonely life in Florida, only permitted to visit her husband every week or two.  Those visits are sacred to both of them.  The only disciplinary sanction Kris has got in the last three decades he has spent in prison involved a violation of the visitation policy – he stole a second kiss with his wife, when the rules only allow one.  Marita’s cottage is a shrine to the life they once had, with pictures of the couple in their London heyday, when Kris was a self-made millionaire.

She served me breakfast at the table where, every Christmas for the past 33 years, she has set a place for her husband, maintaining the fantasy that he might walk in any moment.  In the prison visitation area, Kris and I planned for his hearing. Though the Magistrate had only given us three weeks to prepare, we would meet the deadline. After all, it meant that Kris and Marita might – at long last – actually share their Christmas dinner this year.

AFTER 26 years working on the case, we were ready to prove multiple constitutional violations – from the suppression of exculpatory evidence (a government informant told them in 1986 that the cartel committed the murders), to the fact that the judge had himself been arrested on the third day of the trial for taking a bribe from a law enforcement agent posing as a drug dealer.

The first slap came with the State’s request for three months extra to prepare. That may not seem much, but it takes us into 2020, by which time Kris will be 81-years-old and Marita 80.  The potential knock-out blow came the next day when the State filed an appeal, to try to prevent the hearing altogether.  For 20 pages they argued that Kris should be barred from presenting evidence at all.  It is all nonsense, of course.

They even had the gall to argue that we have not been diligent in pursuing proof of innocence, when I have been to Colombia and back to get it.  We will do what we have always done: trudge on towards justice, hoping to persuade the appellate judge to respond with expedition.  Meanwhile the State’s lawyers callously run down the clock on Kris’s life.  I do sometimes wonder how people sleep at night.  I know I have often not been able to in the 26 years when Kris and Marita have been my responsibility, but that is because I fear I have not done enough, rather than too much.

I am working with Kris and the team at Reprieve to prepare for Kris’ trial in January. Hopefully, no other blows hit us between now and then.  Kris and Marita should not have to spend any more time apart because of an unfair trial 33 years ago.

Thank you for reading,

Read our latest death penalty report.


If you live in the Salisbury/Amesbury/Downton area and would like to join our group you would be most welcome.  You can come to one of our monthly meetings which take place on the second Thursday at 7:30 in Victoria Road Salisbury or come along to one of our events and make yourself known.  Keep and eye on this site or on Facebook or Twitter to see what we have planned.


Tree of Life. Pic: Salisbury Amnesty

The latest death penalty report produced by the group is available and thanks to group member Lesley for the work in compiling it.  In the report is a link to the Japanese man who has been imprisoned and on death row for four decades and is now of interest again because the Pope has become involved.

Sept – Oct report (Word)


This is a post from Reprieve concerning the death penalty in Egypt
Children are still being tried

Four years ago, the Egyptian Government committed – on the world stage – to end the death penalty for children.  But, despite this commitment, a loophole in Egypt’s Child Law continues to allow children to be tried alongside adults on capital offences.  Children in Egypt remain at risk of the death penalty. That’s why some of my team are in Geneva this week.

My colleagues working against the death penalty in Egypt are at a United Nations event this week.  Our aim is to make sure other countries like the UK hold Egypt to account on its failed promise from four years ago. We’re doing this in the lead up to Egypt’s Universal Periodic Review at the UN on November 13th.

That means we only have a few weeks to make the case to every other country that Egypt needs to be held accountable for its failure to close the loophole and protect the human rights of children.  The more countries that speak up and put pressure on Egypt, the more likely they are to close the loophole.

In turn, UK officials are more likely to step up if they see that this is something UK citizens care about. That’s why we need your help in spreading this campaign, getting more signatures, and gathering as much support as possible for ending the death penalty for children for good.

Please could you add your support.

Facebook link

Alternatively go to supporters@reprieve.org.uk


Briton now has to wait until January for his release

In a recent post we described the situation Kris Maharaj has experienced in Florida USA where he has been imprisoned for 33 years for a crime he did not commit.  There was to be a hearing on 17th of this month but we have just heard from Reprieve that this has been put back until January.   The message from Reprieve is copied below:

Justice delayed is justice denied.

Since you wrote your message of support to Kris Maharaj and his wife Marita, I’m sorry to say there has been a frustrating development.  Kris’ chance at justice was set for October 17th – but yesterday we heard it will not even happen this year.

That’s because the Florida Department of Corrections immediately sought and was granted a 90-day extension until January 18th 2020.  90 days may not sound like a lot, but Kris and his wife Marita have already been waiting 33 years for this nightmare to end.

Any delay is an injustice – and this will take us almost to Kris’ 81st birthday. We need to make sure they do not lose hope.

Can you share this latest instalment of injustice with your friends and family and ask them to add their own words of support?  Here’s a suggested message you can send them:

Kris is a British man who was charged with a murder he could not have committed.  Yet he remains in a Florida prison.  His chance at justice has again been delayed, this time for another 90 days. Add your words of support to Kris and his wife Marita as they endure the latest instalment of their ordeal: https://act.reprieve.org.uk/page/s/send-a-message-of-support-to-kris-and-marita

Or, you can share this story on Facebook or WhatsApp using the below buttons.

 


The death penalty in Saudi Arabia: Salisbury group action
Thursday 10th October 2019 will be the 17th World Day Against the Death Penalty so we are writing to invite you to take part in our Group Action.
This year we are focusing on the practice of the death penalty in Saudi Arabia.  A report by Baroness Kennedy, presented to the 42nd session of the UN Human Rights Council, has highlighted the ‘alarming’ rise in state executions, including crucifixions.  It states that more than 134 people have been executed this year, with at least 24 more prisoners at imminent risk, including three children.
We are asking supporters to write to John Glen MP on 10th October, drawing his attention to the report, and calling on him to make representations to the Government to support its recommendations and to condemn Saudi Arabia’s use of the death penalty.
I have attached a copy of a suggested letter to Mr Glen (the member of parliament for Salisbury), which you are welcome to use, or to adapt into your own words.  The letter contains a link to Baroness Kennedy’s report.
If you are able to help, many thanks.

 


UPDATE:  Reprieve have sent through a request to send a message of support to Kris and this can be accessed here.  (24 September 2019)

We report – via Reprieve – the good news that a Briton held for 33 years in Florida, has gained the chance of release about 4 years after it was proved he was innocent.  We have received an email from them which is reproduced in full below:

I’ve [Clive Stafford Smith] just had some incredibly exciting news on the case of Kris Maharaj, the Brit who has already spent 33 unjust years in Florida’s prison system for a murder he did not commit. Kris will finally have an evidentiary hearing on October 17th.  The meaning of that might not be initially obvious, but I assure you it’s a very significant development. It’s one I have been pushing for, for a long time.  It means that Kris finally has the chance to prove in a US federal court that he should not have been deprived of his liberty for more than three decades, let alone have been sentenced to death.

I’ve been involved in more than 400 capital cases over the years, and Kris’ is the greatest injustice of them all.  Evidence uncovered in 2014 proved beyond doubt that Kris is not guilty of the murders for which he has been imprisoned.  The state trial court nevertheless refused to order a new trial at the time.  That’s why I’ve been pushing for a Federal evidentiary hearing.

When I took on this case back in 1993, I had no grey hairs.  Twenty-six years on, you’d be hard pushed to find a hair on my head that isn’t grey or white – and a fair number of them have been caused by the traumas of Kris’ case. But just imagine the impact of the last 33 years on Kris and his wife Marita.  It is hard to believe that we could get justice after all the crushing disappointments we’ve been through over the years, but perhaps – just perhaps – Kris will finally come home for his first Christmas in more than three decades.
The possibility of justice would never have arisen were it not for the kindness of all his supporters.  Both Kris and Marita have said their hope wouldn’t have lasted this long without the support they get from the Reprieve community.

It’s going to be a busy month ahead as I prepare for this hearing, but the Campaigns team at Reprieve will be in touch to update you in the run-up to the 17th October.  Thank you, as always, for your support of Reprieve so we can help many people like Kris and Marita.

We reviewed on these pages, a book, Injustice, on this case by Stafford Smith making the point how unsound the American system is.   So Kris is likely to walk free but it is important to bear in mind that he might have been executed by now.  The book goes into remorseless detail about the inadequacies of the American trial system.  We are conditioned by Hollywood films and TV about how heroic it is but for the poor, the system is rotten.  The police do not have to release evidence to the defence (defense) which helps the defendant, a situation which happened in the UK before PACE was passed.

This is an uplifting story but tragically, he has had to spend over 3 decades in gaol for a crime he did not commit.

A search of his name comes up with a photograph of him with the caption ‘Kris Maharaj, murderer’.

Piece by the Sun newspaper on this case.

 

 

 

 

 

 


The latest death penalty report is now available thanks to group member Lesley for compiling it.  It contains information on death penalty matters in Bangladesh, Turkey, USA and other countries.  The report, as ever, is unable to include any information about China where details of executions are a state secret.  It is believed to be the world’s largest executioner.

August – September Report 2019

No to the death penalty


No to the death penaltyThe current issue of the monthly death penalty report is now available thanks to group member Lesley for compiling it.  A number of countries are featured including, as ever, the USA, and Japan which has executed several people recently.

Report (Word)


You may want to join a small group by writing one of the urgent actions featured in this report.  We have several members who do this in the privacy of their own hom


Programme of forthcoming group events

We have a number of events planned in the period between now and Christmas so these are listed below.  Please note that some are yet to be fully confirmed and dates may change for one or two so please check here or on our Facebook or Twitter pages for updates.

7 September   Coffee morning at St Thomas’s church in Salisbury.  After an absence of several years we are pleased to be able to host this event again in this church.  It would be a good time to make yourself known if wish to join us.  We hope to show a looped film.

8 October   THIS EVENT HAS BEEN CANCELLED   Author and journalist Paul Mason is coming to speak at the Salisbury Methodist church starting at 7:30.  Paul has written a book Clear Bright Future and the issue of human rights in the modern age is discussed.   We are awaiting confirmation from his agent over the date.  Note this event is postponed from June hence the link text saying it was ‘cancelled’.

10 October  World Day Against the Death Penalty.  Details of any event nearer the time.  See our latest DP report.

24 October   As part of schools Citizenship programme, we shall be giving a presentation at Bishops Wordsworth.  We rather regret few schools take part in this so if any teacher in the Salisbury area is reading this and would like a presentation in their school, please get in touch.

December   Evensong at the Cathedral.  Date to be agreed.  All welcome.  Photo shows the Amnesty candle in the Cathedral.

13 November   Film at the Arts Centre.  The film is Nae Pasaran about a group of Scottish workers refusing to repair aircraft engines destined for the Chilean government after the coup which took place there.

17 December   Our annual carol singing event in the Victoria Road, College Street, Marlborough Road area with members of the Farrant Singers.  This is a popular event and several families come into the street to listen to a selection of carols properly sung by this choir.

We look forward to seeing you at one or more of these events.

 

Carol singing in 2018


No to the death penaltyAttached is the monthly death penalty report for mid June/July 2019 compiled by group member Lesley.  It covers a number of countries and in addition to the usual suspects, includes Sri Lanka which is planning to start executing it citizens again.

Note that China is not included which is believed to execute more of its citizens than the rest of the world put together but the details are a state secret.

Monthly report (Word)