‘No Legal Mechanism To Further Detain Him’

February 15, 2018 | 15 Comments

“Understandably, the impending release of Jonathan Cumberbatch is concerning to the community,” Minister of National Security Wayne Caines said, adding that “regrettably there is no legal mechanism currently available to further detain him in prison.”

The Minister’s comments follow after the Attorney-General notified the public yesterday that Jonathan Jon Cumberbatch — a 55-year-old man who was convicted and jailed for sexual exploitation of a young person while in a position of trust, and sexual assault — will be released from prison on February 21st.

According to court documents, his victims were 11, 10 and 9 at the time of the offences in 2008, and the document notes he had a previous conviction involving child sexual abuse.

Minister Caines said, “Understandably, the impending release of Jonathan Cumberbatch is concerning to the community.

“It is important to note that regrettably, there is no legal mechanism currently available to further detain him in prison. The notification issued by the Attorney General is an important feature of cases like this and the heightened public awareness of his release is exactly what the notice is for.

“The safety of young people in particular is paramount in our considerations and through the work of the Ministry of Legal Affairs we expect to bring amendments to relevant laws that will increase the powers of the criminal justice system in these terrible cases.”

The Public Notification and photos follows below [PDF here]

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Comments (15)

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  1. Zevon says:

    So when someone is sentenced to 12 years in prison they cannot legally be detained for 12 years in prison?
    How is this possible?

  2. wondering says:

    no legal mechanism and no political will to fix it…….parole board is a joke and so are ALL of our politicians and pressure groups. MOVE Bermuda, People’s Campaign, Preserve Marriage…..where are you?????????????????????????

  3. spider says:

    Decisions of judges don’t count just reverse the ruling give him 50 years. Call it the SSM fallout bill.

  4. sage says:

    Consecutive sentences that reflect the severity and depravity of the offenses might work, 10 years for destroying the lives of THREE children is manifestly inadequate.

  5. puzzled says:

    More to t than meets the keypad.
    How did this come about that it would be broadcast nationally.

    I want answers.

  6. Just a suggestion says:

    I’m not very smart when it comes to law. However, my question is this. If one is incarcerated, prior to release is there not a structure put in place to,

    Make sure the person is ready to be released, for example have they served adequate time,
    ok if so,
    are they ready to be re-introduced into society without the possibility of re offending, this would take social work reports, prison key worker reports, also some sort of full psychological report from a place like M.A.W.I. I’d like clarification on this please

    What terrifies me is the fact he previously re offended. The A.G has used discretion to WARN us of his release. Summer time is fast approaching and our young ones will be out having fun, at the park or pool or friends. Some already bussing it to and from school alone

    People wake up!!!!!
    Bermuda is a beautiful safe and worry free to almost every extent. We don’t worry about our kids getting killed at school like some countries. We are blessed. Why should we be terrified for them going to play football or going over to a friends and making the walk home alone….

    Minister Caines, change legislation, Did Minister Roban not change legislation very very quick in regards to The BTA. You where elected to serve and protect, please do it.

  7. thumper says:

    Facial recognition .At schools.At day care.Any environment where the threat might occurred with a direct alert to bps and or place of occurance or both.entrances exits ,near or around .Proximity.Public transport of all kinds.
    For that matter all dangerous convicted felony law breaker should be photographed and entered in recognition memory.
    Ok?……Now do as your told….and remember who told you.

    • Ok says:

      It clearly says “while in the position of trust”…so don’t trust him with your children…I doubt he would enter a school……the key is exposing these weirdos on a pedo list…pretty much how his face is in the news…and don’t trust your kids with anyone.

    • YuhBoi says:

      And you’re paying for this right?? A facial recognition system of that size would cost multi-millions of dollars, that we all know the government DOES NOT have…
      Still a pretty cool futuristic idea though.

  8. Face Palm says:

    Serously? You want to go full Minority Report George Orwell 1984 on the whole island over one man? Jumping for straws, evidently. Any chance to put us more towards 1984. What a great idea! Why don’t you go the full 9 yards and suggest we get forcefully implanted microchips with RFID readers, and a national database of all people, with GPS tracking enabled on our chips. Hey, why not force the Bermuda Dollar to be digital and stored on your said chip!? Yea! That would make it all so much nicer and easier, right? What a Betty Crocker!

  9. Truth is killin’ me... says:

    The laws are outdated. Update your laws. 20 years for each offense non-concurrent! 3 offenses = 60 years in jail! End of.

  10. Sandy says:

    How do think I feel he is moving next to me with a neighborhood of primary school children and he has a house somewhere else my neighborhood is going to be turned upside down. I look after my 2 grandchildren I was told by a police officer that I should after them in their house. 73 yrs. old and lived in my house all my life and I have to subjected to this. If anything happens to any of my grandchildren or the neighbor my neighborhood children I will blame it on the police or the powers that be.

  11. Kathy says:

    CASTRATE HIM! If he can’t control himself, he should be controlled by society. We should NOT have to live in fear of these monsters. Most repeat offenders will say they wish someone would be able to control them.

  12. Jenna T says:

    Well…apparently…it is obliviously true…but you can make him report to parol officers , same officers should randomly check in with him , also make him wear a tracking device or ankle bracelet…oh hell…microchip him…like the SPCA does.

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