The murder convict who successfully challenged the mandatory death sentence on the grounds that it was unconstitutional is now challenging the time when his sentence should commence.

He is 49-year-old Lambert Watson.

Watson was sentenced to life imprisonment but the judge at the resentencing hearing in 2005 had ordered that Watson should serve 20 years before he was eligible for parole.

He filed an appeal contending that his sentence in relation to the time he should serve before he could be eligible for parole should start at the time of his conviction in 2000 and not in 2005 when he was resentenced.

Submissions made

Attorney-at-law Nancy Anderson, who is representing Watson, made submissions Monday before the Court of Appeal comprising Justice Karl Harrison, Justice Mahadev Dukharan and Justice Hilary Phillips.

The court has reserved its decision until November 16.

Watson was convicted of the murder of his common-law wife Eugenie Samuels and their nine-month-old daughter, Georgiana Watson.

They were fatally chopped at their home in Hanover in 1997 following a dispute over maintenance for the child.

Watson was sentenced to hang but, after he lost his appeal against his convictions, he challenged the mandatory death sentence. He was not successful in the Court of Appeal.

Sentence unconstitutional

Watson's lawyers took the issue to the United Kingdom Privy Council which ruled in 2004 that the mandatory death sentence was unconstitutional.

The Offences Against the Person Act has since been amended giving judges the discretion to determine sentences in murder cases.

Attorney-at-law Nancy Anderson told The Gleaner on Monday that other inmates who were resentenced after the legislation was amended were awaiting the outcome of Watson's case.

barbara.gayle@gleanerjm.com