A British prisoner who complained he was denied parole because of his foreign nationality has lost a case against the Bermuda Government.

Martin Cashman, who is serving an 11-year jail term for drug importation, has been fighting to get the same rights as Bermudian prisoners who can be considered for parole after serving a third of their sentence.

There is currently 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's lawyer Eugene Johnston, argued during a Supreme Court judicial review that his client was being discriminated against due to his nationality.

He asked Puisne Judge Ian Kawaley to review decisions made by the Parole Board which determined Cashman could not be released, saying they were flawed on legal grounds.

But in a written judgement, Puisne Judge Ian Kawaley refused the application.

Mr. Justice Kawaley did however say that "arguable questions" had been raised as to whether differential treatment was given to foreign prisoners who could not be released on parole to their home countries. And questioned whether this contravened the applicants rights under the constitution.

Mr. Johnston said after the ruling: "Mr. Cashman brought these proceedings because he thought the Government was not serious about its efforts to equalise and regularise the position of foreign prisoners and Bermuda prisoners.

"And what the case achieved was the Government is now recognising it has the ability to release foreign prisoners on parole in Bermuda, that was not the position before."

"Now arguably what is needed is for them to make the route to get parole in Bermuda tangible because it is one thing to say you can get parole and another thing in practice to give it."

Cashman, a former taxi driver from London, was convicted of importing $484,200 worth of heroin into Bermuda.

The married father-of-two was arrested on October 5, 2003 after airport customs and Police officers found him with 498.31 grams of heroin laced with Diazepam concealed in laminated pictures he was carrying with him.

During his Supreme Court trial, he said he was tricked by a family friend who gave him the pictures to give to friends on the Island.

Despite the refusal, Cashman, who spoke through his lawyer, said he felt "compelled" to pursue his case further in the courts.

He said: "The issue surrounding my case is not just important to me; it is of exceptional (importance) to all prisoners-not just foreign ones.

"It is unfortunate that the Bermudian legislators fail to see the inherent injustice in this system.

"But it is hoped that I will have the ability to challenge the parole regime in constitutional proceedings. I am certain the courts will continue to recognise how deeply insensitive the Bermuda parole regime is to the rights of foreign prisoners like myself."

Cashman's sister Karen Goldman has also supported him in his fight to get back to UK.

She said she was "not surprised" at the outcome, but "pleased" the judge stated it was arguable that a constitutional violation may have occurred.

Ms Goldman said: "It is amazing that a British overseas territory has no reciprocal agreement with the UK and in the UK Bermudian prisoners must be treated the same as UK prisoners. Yet Bermuda holds a racist discriminative policy on parole and try to block any challenge to it by denying legal aid.

"That is not equal or fair. In fact it's quite draconian and needs addressing. All we want is our brother home. He has been incarcerated now for seven years and he has served more than half his sentence."

Cashman is one of about 30 foreign prisoners in Bermuda's corrections facilities at the moment.