Justice Christopher Birch has issued a call for the establishment of a Parole Board.
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His comments came as he presided over the resentencing of the “Dead Bolt Man”, Nicholas Leroy Ronald Scantlebury, for the slaying of a woman more than 30 years ago.
The now 63-year-old, formerly of Ealing Park, Christ Church, was found guilty, back in 1996, of the unlawful killing of shopkeeper Maureen Marshall on June 22, 1994. He shot her in the chest after she surprised him in her bathroom.
Scantlebury was jailed for life by then presiding judge Justice Errol Chase, a sentence upheld by the Court of Appeal.
However, in the wake of a Caribbean Court of Justice (CCJ) ruling, he was one of a number of inmates whose indefinite life sentences were declared unconstitutional after the court ruled that a definite term must be imposed.
Yesterday, Justice Birch imposed a whole life sentence, with a 35year tariff on the convicted killer. He then deducted two years from the tariff, dropping it to 33 years, for the mitigating factors in the case.
He noted Scantlebury had spent a total of 11 294 days, or 30 years, 337 days in prison and explained the killer’s earliest release would be after he has served a further 757 days, or two years, 28 days. “I should note that there is presently no Parole Board to assess your time for release, although the Caribbean Court of Justice and the Court of Appeal require trial judges to sentence as if one exists,” Justice Birch said. “I can only reiterate my urging to the State to create such a board at the earliest possible juncture, which will have the effect of rendering hearings such as this unnecessary in the future.” His comments follow those made by Justice Maureen Rajnauth-Lee of the CCJ who last year said such a board would allow Barbados’ criminal justice system to “function effectively and justly”.
“The court noted the desirability of establishing in Barbados a modern parole board to review the eligibility of prisoners to be released on parole in circumstances where the accused are sentenced to life imprisonment with a minimum period of incarceration to be served,” she said.
“The court expressed the hope that the legislature of Barbados undertakes the necessary amendments to create a modern parole
system to enable the criminal justice system to function effectively and justly.”
Last October, Government announced that plans to introduce a parole system in Barbados had reached an advanced stage.
Minister of Home Affairs Wilfred Abrahams, speaking during a Barbados Prison Service 167th anniversary church service, said this was “a priority” that would offer early release options for inmates deemed suitable, while allowing authorities to maintain oversight.
“I don’t want anybody to be in prison who does not need to be in prison. It represents a transitional phase where some prisoners, having fulfilled their debt to society, can continue serving part of their sentence under community supervision,” he stated.
“If someone has been a model prisoner, there is no longer any practical reason for keeping them there,” he said, adding that the system was designed to support individuals who worked to better themselves while incarcerated. “Your debt to society has been fulfilled and you could probably be of better use outside where we can monitor you. We will still retain some element of control, but we won’t delay you in getting back to normal life.”
The minister declined to give an exact timeline, but said the initiative was moving forward swiftly, with necessary structures being put in place to ensure its success. (HLE)
Murder in Barbados gine double soon enough. Cuz’ this should help create more smart/untouchable criminals. They g’ine be liming ’bout and only the poor criminals ‘gine be held. And it’s the rich criminals you should be fraid’ of because those are the ones with some of the likely international reach across the Caribbean via wide money sources.