The notice was served in the home circuit court on Tuesday June 28, when Barnett made his first court appearance.
The DPP’s office decided to forgo the committal proceedings in the parish court and brought the case directly to the home circuit court, where a voluntary bill of indictment was laid in the court, which outlines the charges against Barnett.
The DPP’s office explains that the death penalty notice was served on the Barnett pursuant to section three – one of the offences against the person act.
Barnett is charged with the murder of 31 year old Kimeisha Wright , her daughters : 15 year old Kimanda Smith , 10 year old Shara-Lee Smith, 5 year old Rafaella Smith and her son 23 month old Kishawn Henry .
The DPP’s office says it brought the matter to the home circuit court having carefully considered the allegations, as disclosed within the evidentiary material gathered so far, the law, and the public interest.
It also filed the death penalty notice in the supreme court and a copy of this notice was served on Barnett .
The dpp’s office in a statement explains, that the provisions of the offences against the person act state “that every person convicted for multiple murders which arise out of the same incident shall be sentenced to imprisonment for life or to death”.
According to the act the death penalty will not be imposed unless prior notice is given to the accused person, long before the trial of the matter.
The office of the DPP says it was deemed appropriate for the death penalty
notice to be prepared and served on the accused today to ensure that at the earliest opportunity, he is made aware of the intention of the prosecuting authority to make the recommendations that the death penalty is an option for the sentencing judge consequent on a conviction.
The case has been set for mention, on Friday July 22, for legal representation to be settled for Barnett, outstanding reports, including a psychiatric evaluation to be submitted, and disclosure of all the material to the defence.