6.9. In that statement, which was exhibited and is annexed hereto (Annexure 1) Your
Petitioner confessed as follows:

my conscience keep bothering me so ah decide to tell you why I kill me wife. Its over twenty years now I am married and the first three or four was the best... Shaffina used to nag me everytime...My wife use to quarrel and nag me for everything.  When I get my pay ... I had to give Shaffina all and whatever she feel to give men she would give me.   I never used to go no way.  I never drink and I never gamble I use to get fed up but ah never tell anybody ah keep it to miself. I had a next child with Shaffina but that did not change anything. Shaffina still continue to nag me....Nalisha and Sharmela was getting big and I wanted to see them go good so I say I would keep quiet and don say anything to Shaffina when she nag me. Shafina accuse me of having a woman name Mina but I was not with Mina.... My mother get sick ... and we take my mother to live by us.  My daughter Nalisha and my wife start to get fed up of minding my mother and they tell me one day if my mother get sick again do not bring she back.   My mother dies in October last year.  My wife and my father relative had a quarrel on the day of my mother funeral and my wife tell me not to go back by my father. I had to make excuse for my wife and hide to go by my father.  Shaffina used to send me to work without food. I used to feel shame and take shame from my face. I would carry my empty lunch bag. When is time to eat I use to go by miself and play at eating.... Shaffina accuse me with ah next woman name Daliah but I only use to talk to she. Since Shaffina make me last child, she hardly had sex with me and if I have to get is when and how she want.  When I go by my relative they find I look sad. They would ask me what happen but I never tell them.  Only recently I tell my brother Steve Mowlah what happening with me. I tell Steve's wife too I was getting real fed up. (After describing events of 1st February prior to his return from work, including a surreptitious visit to his father on the pretext of going to a hardware store, Your Petitioner continued:  I went inside and saw Shaffina on the couch watching television.  I see that the time was around 12.00 midnight...Shaffina ask me way I went... I tell Shaffina I went by the hardware. She ask how long I spend at the hardware... Shaffina tell me I went by my father I tell Shaffina I did not go by my father... We start to argue. We argue and quarrel in the lounge room for about two hours.  Shaffina then went in our bedroom. I knew she like to hit and fight so I went in the bedroom too looking out for she to pelt something at me. She did not pelt me but she continue to quarrel. Shaffina then remain quiet and when I approach she start to slap and cuff me. This is how she normally get on. I see the handle of one of my cutlass showing from under my bed.  I grap it with the intent to planass (strike, with flat side) Shaffina but I doh know what Get in my head and I start to chop she.  I could not control myself from there and I give her some chops. Shaffina fall on the bed then she roll on the floor. I cannot remember if she bawl. When she fell on the floor I stop choping she. I leave she on the floor and I went out the bedroom. I look in the children bedroom which was open. I see they was sleeping. I open the front door and I went downstairs and rest the cutlass on the ground by my front step. I went back upstairs and take our television from the tale in the living rom and I put it downstairs under the front step. I again went back upstairs and take off my front door from the track. I was doing all this to shield myself so that I could say that somebody come in my house. After I take off the door from the track I walk up the road with the cutlass which I take from downstairs. I went by a bridge lower down the street by me and I threw the cutlass under the bridge. I remember before I went by the bridge ~ cut the telephone wire in my house so that people would believe that thief (?) cut the wire. After I throw the cutlass I went by my neighbour Frank Samal house...
[Evidence of that witness confirmed and account of police attendance then given.  I forget to tell you that before I went by [Frank Samals I take out the insert (?) from my bike and I let out the air. I then burst the rubber around the insert and I put back the insert with the burst rubber   [The police asked ) me what I know about she. I tell them I do not know I did not go inside. I Knew I was lying to them but I could not tell them the truth. I could not take anymore and today I call the police an tell them what really happen.'
 
 

6.10 After making the above statement Your Petitioner agreed to assist in finding the cutlass. On finding it as aforesaid he said "This is the cutlass I throw after I chop my wife."
 

6.11 The post mortem report of Dr. Chandulal annexed hereto (annexure 2) was introduced and read by Inspector Paul. It stated that the deceased suffered a total of 25 mostly chop
 

7.6 Dr. Igbal Ghany (pp.24-27), a consultant psychiatrist of 37 years experience and member of the medical board of Trinidad and Tobago stated that he had examined Your Petitioner for he first time on 22nd October 1997 (shortly before he gave evidence on the third day of the trial ) He found Your Petitioner to be 'rather immature with obsessional features in his personality.' He was able to control his emotion very well and had a high sense of right and wrong. He repeated Your Petitioner's assertions to him of his wife's nagging and provocation over 18 years; that the questioning about paramours was an almost daily occurrence; and that he had never retaliated and kept his cool, but on the night of the incident he reacted explosively and could not control himself.

7.7 Dr. 's assessment was that despite years of controlling his emotions he finally reached breaking point after hours of cursing, abuse and lack of sleep. In short he lost control and that, as a marter of medical fact, a person can 'behave in an automatic fashion without being aware of what he is doing.'

7.8 In cross examination Dr. Chany said that Your Petitioner did not have a personality disorder or mental illness. He confirmed that he did no formal testing of Your Petitioner and set out the testing he had conducted, namely of his general educational ability. Neither had he interviewed other persons associated with Your Petitioner as was normal psychiatric practice, save for Your Petitioner's father for 10 minutes.
 

7.9 Dr. Ghany also asserted that Your Petitioner was suffering from an abnormality of mind...

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                                   Amir Mowlah
                         Death Row, State Prison
                            103A Frederick Street
                            Port Of Spain, Trinidad

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