Rudolph Hall v Attorney General of Grenada

• Jurisdiction: Caribbean States
• Court: Eastern Caribbean Supreme Court
• Judge: Morley J
• Judgment Date: 21 July 2025
• Judgment citation (vLex): [2025] ECSC J0721-1
• Docket Number: CASE GDAHCV 2024/0410

In the Matter of Alleged Breach of Section 3 and Section 8 of the Grenada Constitution, With Constitutional Redress Sought Pursuant to Section 16 of the Constitution;

and

In the Matter Under Secton 72 of the Constitution on the Legality of Commutation to Life Imprisonment in 1991 of Sentence of Death Passed In 1988;

and

In the Matter of Appeal Against Sentence and Re-Sentencing.

Between

Rudolph Hall

Claimant

and

Attorney General of Grenada

Defendant

[2025] ECSC J0721-1

CASE GDAHCV 2024/0410

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE

(CONSTITUTIONAL)

APPEARANCES on zoom

Counsel Jerry Edwin for the claimant.

The claimant Rudolph Hall appeared in person on zoom from the prison.

Crown counsel Camille Gooding-DeSouza appeared for the Attorney General.

Prison officers Felix and Courtney also appeared for the Prison.

RULING

On retrospective illegality of commutation of death sentence

Morley J

1 Rudolf Hall seeks relief under the Constitution of Grenada, arguing automatic sentence of death passed for double murder in 1988 became retrospectively illegal owing to evolving case law from the 2000s, so that commutation of his sentence in 1991 by the Governor General to life imprisonment, being commutation of an unlawful sentence, has also become retrospectively unlawful, meaning presently in prison he is not under lawful sentence; in consequence he seeks release, with declaration he has been illegally detained since 1991, or in the alternative seeks re-sentence by the High Court so that his sentence becomes lawful.

2 Further, if the commutation is lawful, he seeks relief from imprisonment for the ‘remainder of his natural life’, as stated in the commutation, which words may suggest he can never be released, claiming such a form of words is unknown to sentencing practice, and therefore unlawful, requiring instead refinement of the articulation of the commutation so that it reflects a lawful imprisonment, which should then mean he can be further assessed by the prison review committee for release, after now 37 years, given his progress toward rehabilitation.

3 Distilled, Hall wants to find some mechanism to be considered for release soon, noting that most others on Grenada who have been sentenced to death and commuted have been released, but not him.

4 On the other hand, the position of the Attorney General (AG) is that the commutation should stand, which reads that Hall is to remain in jail for the rest of his life, subject only to mercy from the Governor General; while further, Hall is regarded locally as very dangerous.

History of case

5 In brief, the facts and history of proceedings are as follows, gleaned from affidavits and the original case file, in particular the signed confession of Hall at Grenville police station on 26.03.88.

• a. On 16.03.88, at about 11am, Hall then aged 23 had an unlawful firearm with 9 bullets, and near the airstrip came upon Benson Williams aged 22 and Diane Marshall aged 19 in a car engaged in sexual activity. Hall said he wanted to have sex, showing the gun, Benson said he would agree, Diane did not agree, Benson offered Hall $20 it seems to go away, and Diane then hurriedly got into the driver's seat to drive off. At this point, standing close to the right of the car, Hall fired 5 bullets into the car at the couple, and ran off, hiding the gun in a hole he dug at 05.00hrs next day. Benson later died from gunshot injuries on 19.03.88 and Diane on 22.03.88.

• b. Hall has been in prison since 28.03.88.

• c. On 04.07.88, being tried as Grenada Case 37 of 1988, file found, he was convicted by jury of the murder of both Benson and Diane and reports in his affidavit in these proceedings dated 08.10.24 he received automatic sentence of death, by hanging, as was in practice then the application of law.

• d. His appeal against conviction and sentence, being Grenada Appeal no. 8 of 1988, file now lost, was later dismissed by the Court of Appeal on 02.05.89.

• e. Then on 20.09.91, his sentence of death was commuted to life imprisonment by the Governor General Sir Paul Scoon exercising powers of mercy under s72 Constitution, the warrant of commutation saying:

  Rudolph Hall is given a pardon in respect of the said conviction on condition that the said Rudolph Hall shall be kept in custody to hard labour for the remainder of his natural life and be confined in the Richmond Hill prison as her Majesty's Governor General shall from time to time direct.

• f. On 13.12.13, the prison review committee recommended Hall for release.

• g. On 06.01.14, the prime minister and minister for national security objected, so that Hall was not released.

• h. During his 37 years, Hall has committed various infractions of the prison rules recorded in 1996, 2008, 2010, 2014, and 2016, is active in sporting activities, has worked on the prison farm, in the canteen, and in prison administration, while also attending various rehabilitation courses.

History of proceedings

6 On 08.10.24, Counsel Edwin filed this constitutional motion.

• a. On 28.11.24, Actie J ordered trial on 18.03.25.

• b. The matter was transferred by the ECSC Chief Registrar to the instant judge on 27.02.25.

• c. The trial was adjourned on 18.03.25 to 5 further hearings, on 06.05.25, 13.05.25, 26.05.25, 02.06.25 and 25.06.25 for further information and hearing, with written ruling to be delivered today 21.07.25.

7 As filings:

• a. Counsel Edwin for Hall has filed 5 submissions dated 23.12.24, 03.04.25, 20.05.25, 22.05.25, and 16.06.25, being in combination 28 pages, with supporting authorities;

• b. Counsel Gooding for the AG has filed 4 submissions dated 30.01.25, 15.04.25, 21.05.25, and 09.06.25, being in combination 29 pages, with supporting authorities;

• c. The prison filed:

  • i. a report dated 15.04.25 on Hall as to his conduct at the prison, per para 5h above; and

  • ii. a report dated 29.05.25 as to how many death sentences have been commuted, with later release, which appears to mean David Noel (conviction date not reported), Ronnie Gittens (convicted in 1991), and Rudolph Hall, are the only persons still in jail under commutation, while 6 others commuted in 1991 have been released, except Hall.

• d. The Registrar gathered the original case file for case 37 of 1988 from the ODPP 1 as a scan of 156 pages, disclosed to the court on 12.05.25, but has been unable to locate the appeal file, no. 8 of 1988, recalling there was much damage to Grenada records by Hurricane Emily in 1993 and Hurricane Ivan in 2004.

8 The quality of written argument offered by Counsel Edwin for Hall has been notably high, and he reports much credit is due to his researcher, Mr Joseph Layne, who the courts thanks and notes has several law degrees. Further, the quality of argument offered by Counsel Gooding for the AG, particularly orally, has also been striking, being relentless, even formidable, offering every imaginable argument to keep Hall from succeeding.

Assessing this case

9 The evolution of case law relating to the death penalty in the Caribbean is voluminous, particularly since the 1990s. Compelling points of much sophistication have been made by leading advocates from throughout the region, and from wider, examining various state constitutions, human rights, criminal law legislation, and myriad cases on sentencing in the Caribbean, and from throughout the Commonwealth, before the very best judges in the region, including the Eastern Caribbean Supreme Court (ECSC), and at the highest courts, being the Caribbean Court of Justice in Trinidad and His Majesty's Privy Council in London, with some decisions being reversed, or subtly distinguished, in what has become now a minefield of jurisprudence.

10 To my mind, this is not a complicated case, though the copious filings almost make it so. The judgement which follows will be to the point and will not recite every aspect of jurisprudence in the cases, nor every argument advanced, instead distilling the issues to a reasoned decision, avoiding an over-academic analysis, where the most important cases discussed have been:

Regina v Hughes & Spence 2001, concerning St Lucia and St Vincent & the Grenadines, at the ECSC Court of Appeal 2,

Regina v Hughes 2002, concerning St Lucia, at the Privy Council 3,

Fox v Regina 2002, concerning St Kitts & Nevis, at the Privy Council 4,

Coard et al v AG Grenada 2007 concerning Grenada, at the Privy Council 5, and

Chandler v AG Trinidad 2022 concerning Trinidad & Tobago, at the Privy Council 6.

11 In my judgment, the route to a decision is to ask as follows:

• a. Was Hall lawfully convicted of double murder;

• b. Did Hall receive automatic sentence of death;

• c. If so, what is the effect of Coard et al;

• d. In considering Coard et al, what is the effect of the later case of Chandler;

• e. Is automatic sentence of death unconstitutional on Grenada;

• f. If so, was it in 1988;

• g. If so, what is the effect of it having been unconstitutional in 1988 on the commutation in 1991; and

• h. Separately,

  • i. is the commutation as it is articulated lawful;

  • ii. if so, could release be contemplated by the prison review board;

  • iii. what constitutional and lawful sentence could Hall receive; and

• i. If the 1991 commutation is unconstitutional, what should happen to Hall?

12 As to whether Hall was lawfully convicted, there is no argument offered, and so it stands he murdered Benson Williams and Diane Marshall in 1988. As a double-murderer, receiving sentence of death, plainly this court will not be contemplating he should not have been commuted but released in 1991 if the death sentence was retrospectively unconstitutional, or released straightaway now, which though clever and understandably offered in argument to see how it fares, is a technical and unmeritorious point common-sensibly to be dismissed: the real question is, if his death sentence was automatic, should he be...