A British prisoner who has been denied parole due to his nationality is fighting for legal aid so he can pursue his case further.

Martin Cashman, who is serving an 11-year jail term for heroin importation, wants the same rights as Bermudian prisoners who can be considered for parole after serving a third of their sentence.

Cashman's sister and lawyer say he should be allowed to pursue his case on constitutional grounds, because his civil liberties and human rights are at stake. However, he was told by the legal aid committee on August 3 that he has been denied funding to take his case forward.

Defence lawyer Eugene Johnston has appealed to the committee to reconsider that decision, asking for the reasons behind it and arguing that "matters of public and constitutional import are at issue".

He has since been told that the committee has "deferred the matter for further deliberation".

There is no arrangement in place allowing British prisoners to be paroled back to the UK, despite Bermuda being a British Overseas Territory.

There is, however, a reciprocal agreement allowing Jamaican prisoners to be paroled back to their home country. Cashman, 56, a former London taxi driver and father-of-two, asked Supreme Court judge Ian Kawaley to conduct a judicial review of his case earlier this year.

During the review, Mr. Johnston protested that Cashman was being discriminated against due to his nationality and the parole board's decision was legally flawed.

Mr. Justice Kawalay upheld the decision of the board not to release Cashman.

However, he said the prisoner had an "arguable" case that his constitutional right to liberty, and his right not to be discriminated against on the basis of national origin, are being breached.

Cashman was denied legal aid for the judicial review proceedings, but his lawyer Mr. Johnston conducted the case pro-bono i.e without a fee in the public interest.

Cashman now wishes to pursue those constitutional arguments in a further Supreme Court hearing, as the rules of the court meant they could not be dealt with at the time of the judicial review.

Mr. Johnston told the legal aid committee in the original application for aid: "Without public funding, Cashman will be denied his right to access the court to challenge the circumstances of his case."

The board has yet to reveal the outcome of its renewed deliberations.

Mr. Johnston told The Royal Gazette: "Up to now the legal aid committee has denied Mr Cashman public funding to challenge the constitutionality of his continued incarceration.

"This comes as no surprise to Mr Cashman and his family. What is surprising is that the legal aid committee have, up to now, not given reasons why they refused legal aid even though it is clear Mr Cashman has a seriously arguable case against the parole board.

"Mr Cashman and his family continue to consider their options. They refuse to be thwarted in their efforts to ensure that Bermuda adopts a more equitable and human rights compliant parole regime."

Cashman's sister, Karon Goldman, also hopes he will be given public funds to pursue his case further.

"To silence a prisoner's voice through the courts by not granting that prisoner legal aid is thwarting the progression of the law, and in doing so, imposing on people's civil liberties and basic human rights," she said.

Will Francis, Chairman of the legal aid committee, said he was unable to comment when approached by this newspaper.

"I disqualified myself and took no part in the discussion because of my position as legal advisor to the parole board," he explained.

Asked for comment on behalf of the committee, a Government spokeswoman said: "The legal aid committee is currently considering Mr. Cashman's application in accordance with the provisions of the Legal Aid Act 1980. Mr. Cashman's attorney, Mr. Eugene Johnston, has been advised of this in writing and will be informed of the outcome in due course."