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BERMUDA | RSS PODCAST

Govt. mulls bill giving foreign prisoners parole

Sen. David Burch

The Minister of Home Affairs has announced possible legislative changes to enable foreign prisoners to obtain parole.

Senator David Burch said Government is exploring the issue, following Parole Board concerns that the lack of opportunity for parole "remains an issue in need of resolution".

However, he added that if a foreign inmate's country was unwilling to take them then "serving the minimum sentence is the only option currently available".

The lack of parole for foreign nationals has been highlighted in the Parole Board's 2008 Annual Report.

It states: "As at December 2008, 27 foreign nationals remain incarcerated in Bermuda; mainly on conviction for drug offences; however, although the board sees such persons when they reach their parole eligibility date, as the purpose of parole is supervised license, and the board cannot guarantee such supervision outside of Bermuda the board is unable, within the terms of the Act, to grant parole to foreign nationals.

"As an overseas territory, Bermuda's foreign affairs are managed by the United Kingdom Government, and the problem of foreign nationals (including British nationals) remains an issue in need of resolution."

Yesterday Senator Burch, who is also Minister for Public Safety, told the Senate that Government was examining the Parole Board Act 2001 with a view to possible amendments.

"I can report that the Ministry of Labour, Home Affairs and Housing, Department of Corrections and the Attorney General's Chambers are currently considering an appropriate mechanism to address this issue.

"But I caution that if their own country won't take them then serving the minimum sentence is the only option currently available."

Last night however Karon Goldman, sister of British prisoner Martin Cashman, described Sen. Burch's comments as mere talk. "They've been looking at this issue for six years now so it doesn't give me any faith, it's just lip service," said Mrs. Goldman.

Despite Bermudian prisoners being eligible for parole after a third of their sentence, Cashman must currently wait until his release date on serving two-thirds of his jail term in 2011, in order to be released.

The 56-year-old was jailed for 11 years in February 2004 for importation of $484,000 worth of heroin. Mrs. Goldman has questioned why there is not a reciprocal agreement between the UK and Bermuda to parole prisoners back to their countries on a voluntary basis.

She claims the UK parole board has written to the Bermuda Parole Board to say it is willing to monitor her brother in this way. "The parole board here in the UK said they would oversee Martin's parole, but the Bermuda Parole Board refused this," said Mrs. Goldman.

She said her brother would have been eligible for parole two years ago, and that the denial was "a breach of his human rights".

"We've got Bermudian criminals here in the UK who are granted parole as they have to be treated the same as British prisoners, so why is a British citizen in Bermuda being discriminated against?"

The UK Foreign and Commonwealth Office did not return The Royal Gazette's request for comment on the issue before press time.