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Landmark ruling could see child killer Selassie released early

Child killer Ze Selassie could get out of prison seven years earlier than his original 35-year term after a landmark ruling by the Court of Appeal.The court issued a ruling today that Selassie should become eligible for parole after 28 years, a reduction on the term meted out by the Chief Justice in 2009.Selassie was convicted of the premeditated murder of 14-year-old Rhiana Moore, who was around seven months pregnant with his child. Selassie lured the schoolgirl from a church youth group meeting in May 2008 before stabbing her 18 times and dumping her body in the sea.He had previously been convicted of several offences against women, including the rape of a female acquaintance for which he was sentenced to six years’ imprisonment, but served two years before being released on parole.After Selassie was found guilty of the Moore killing, Chief Justice Richard Ground sentenced him to life imprisonment, the statutory penalty for premeditated murder.At that time, Bermuda law stated that someone convicted of premeditated murder had to serve at least 25 years behind bars before they could be considered for release.However John Perry QC, called that into question during an appeal hearing in the Selassie case earlier this year. Yesterday, the Court of Appeal agreed with his arguments that the 25-year period is unconstitutional as the sentencing judge should have the power to decide the period rather than have it imposed by Parliament.However, the appeal judges disagreed with Mr Perry that 25 years ought to be the maximum.“The result of this is that the trial judge has the discretion, having referred to all the circumstances of the case, to fix the term before which any application for release on licence can be made. It may be less or more than 25 years,” they said, in their ruling on Selassie.“The issue for this court to decide is whether the term of 35 years fixed by the trial judge is appropriate in the circumstance of this case.”They noted factors the Chief Justice weighed up, including Selassie’s prior record, the fact Rhiana was pregnant and the fact it could have taken her up to two hours to bleed slowly to death.However, they opted to reduce his minimum prison term from 35 to 28 years. They did not explain why Selassie should have a reduced term but stated: “Having considered all the circumstances of the case, it is difficult to imagine a worse case of callous premeditated murder of one person by another, with the added factor that she was killed to prevent her giving birth to her unborn child.“We have come to the conclusion that a period of 28 years before the appellant is eligible for release on licence would meet the justice of the case. To that extent the appeal against sentence is allowed.”Mr Perry had previously won a similar landmark ruling relating to the lesser offence of non-premeditated or “simple” murder, which had a minimum tariff of 15 years. That case related to Dennis Alma Robinson, who was convicted of “simple” murder for his role in the killing of the Cooper twins.The Court of Appeal agreed with Mr Perry that that decision was a matter for the sentencing judge and the minimum 15 year term laid down by Parliament was unconstitutional. In the Robinson case, Mr Perry eventually persuaded the Chief Justice to reduce the tariff to 12 years.Yesterday’s ruling in the Selassie case could have implications for other people convicted of premeditated murder. David Cox, who was convicted a week ago of the gangland killing of Raymond (Yankee) Rawlins was also represented by Mr Perry.The lawyer asked that the Cox sentencing be delayed until the outcome of the Selassie appeal was known. Today’s ruling opens the way for Mr Perry to argue that Cox should get less than 25 years. However, it also means that sentencing judge Carlisle Greaves could mete out a longer period.