Murder Sentences: Govt Working On Changes
Following the recent parole eligibility reductions handed down to four convicted murderers, Attorney General Mark Pettingill said the Government has “worked quickly” to draft changes, and the new laws are expected be tabled in the House of Assembly next month.
The ruling from the Privy Council in London last year [PDF] stated that Bermuda laws do not allow for a minimum sentence over 25 years for premeditated murder and 15 years for murder. This has resulted in four convicted murderers having their sentences reduced.
The four murderers are all still technically sentenced to life in prison, however instead of having to serve up to 38 years before being considered for parole, they now have to serve 15 – 25 years before being eligible.
Mr Pettingill said, “We are aware of public sentiment regarding the recent number of cases coming before the court relating to reduced sentences. Technically, we had to wait for the Privy Council decision in November before being able to review the law.
“I want to make it absolutely clear that just because a convicted person is eligible for parole certainly does not mean they will receive it, so the worst offenders may well expect to serve the majority of their sentences.”
“The proposed amendments to the relevant pieces of legislation will preserve a sentence of life imprisonment, but allow a sentencing judge to order the amount of time that he deems appropriate that a convicted murderer would be incarcerated for, before being eligible for parole.
“In doing so he would have regard to the circumstances of the commission of the offence and the character and circumstances of the offender.”
“There is no automatic release after 15 or 25 years imprisonment. Release is dependent upon the decision of the Parole Board, based on several factors,” added Mr Pettingill.
“It may be that release on licence does not in fact occur for many years after the first date of eligibility. This would be particularly appropriate if the offender is deemed a serious danger to the public.”
The recent parole eligibility reductions include:
Antonio Myers: Reduced by 23 years
- Convicted of killing Kumi Harford
- Originally sentenced to serve 38 years before being eligible for parole
- Reduced to serving 15 years before being eligible for parole
David Cox: Reduced by 13 years
- Convicted of killing Troy “Yankee” Rawlins
- Originally sentenced to serve 38 years before being eligible for parole
- Reduced to serving 25 years before being eligible for parole
Ze Selassie: Reduced by 10 years
- Convicted of killing 14-year-old Rhiana Moore
- Originally sentenced to serve 35 years before being eligible for parole
- Reduced to serving 25 years before being eligible for parole
Jermaine Pearman: Reduced by 10 years
- Convicted of killing Shakeya DeRoza
- Originally sentenced to 25 serve years before being eligible for parole
- Reduced to serving 15 years before being eligible for parole
The Attorney General’s full comments follow below:
As a result of the ruling from the Privy Council decision in November which stated that the laws in Bermuda do not allow a minimum sentence over 25 years for premeditated murder and 15 years for murder, essentially reducing sentences for convicted felons, the Government has worked quickly to review and draft changes to the law which is expected be tabled in the House of Assembly in February.
We are aware of public sentiment regarding the recent number of cases coming before the court relating to reduced sentences. Technically, we had to wait for the Privy Council decision in November before being able to review the law. I want to make it absolutely clear that just because a convicted person is eligible for parole certainly does not mean they will receive it, so the worst offenders may well expect to serve the majority of their sentences.
The proposed amendments to the relevant pieces of legislation will preserve a sentence of life imprisonment, but allow a sentencing judge to order the amount of time that he deems appropriate that a convicted murderer would be incarcerated for, before being eligible for parole. In doing so he would have regard to the circumstances of the commission of the offence and the character and circumstances of the offender.
As stated by the Director of Public Prosecutions, Mr. Rory Field in October, 2013, “all convicted murderers are sentenced to life imprisonment and that has not changed. A sentence of life imprisonment means that even when an offender is released, the offender is released on licence subject to that life sentence and may be recalled to prison on the licence. The life sentence hangs over the offenders head until the offender dies.
The Privy Council appeal in the cases of Ze Selassie and Jermaine Pearman dealt with it when an offender should first become eligible for release on licence.
That does not mean the offender would automatically be released on the first possible date, since the release is subject to the Parole Board. That is the way the Privy Council have interpreted the current legislation. The immediate result is that the date of eligibility for release on licence has been reduced for the two appellants.
There is no automatic release after 15 or 25 years imprisonment. Release is dependent upon the decision of the Parole Board, based on several factors. It may be that release on licence does not in fact occur for many years after the first date of eligibility. This would be particularly appropriate if the offender is deemed a serious danger to the public.”
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This all comes from the European Courts of Justice,then the UK had to change their Laws and in turn the UK has ordered our Laws to be changed…
It’s wrong,utterly wrong,Life should mean Life with NO Parole!
Murderers should die in Prison.
The people they Murdered have NO parole!
As there is NO Death Sentence for these Murderers then at least keep these Murderers locked up for the rest of their life.
You’re completely wrong. Nobody “ordered” our laws to be changed. You can read the Privy Council ruling – it’s linked in the article. They just interpreted our laws, correctly.
The parole of 15 years comes from the parole Board Act 2001. A Bermuda law.
Hence the move now to change our laws.
Uhh one problem Bermuda is a UK colony we, in other words as of 2014 we don’t have the power to change our laws.
“A life sentence” should be just that! (having no ifs and or buts.) It’s too bad convicted(premeditated) murders aren’t sent to their graves
God may forgive but, for those types of crimes, be damn if I can…
Thank you , and whilst you are at it up date the firearm law to allow life in prison for possession of a gun or ammunition . The only reason someone would have a gun here is to murder. We are fed up Sir.
Maybe I have spent too much time around people who own guns overseas. They are not hoods. They are not gangsters. Some rarely shoot. Some collect & trade guns like others collect & trade stamps. Some hunt. Some hunt large game. Some shoot small stuff like prairie dogs.
These are regular people who would not think of using a gun on a human except in the military.
Sorry, having a gun does not make one an evil person.
This is Bermuda, not overseas. Do you ever get tired of talking about the United States? No one in Bermuda has a gun to hunt or to randomly shoot objects, it’s to harm someone.
“There is no automatic release after 15 or 25 years imprisonment. Release is dependent upon the decision of the Parole Board, based on several factors,” added Mr Pettingill.
This is the same parole board that let a child molester out last year early without notifying the family of the girl…only to be seen working outside their home????
So excuse me that i dont feel relieved about your statement!!!
ALL premeditated murders should be NATURAL life and nothing less, that’s what is wrong with this world now days sentences are to light (easy)
Also Send them to the Russian prisons not the Dockyard Princess they have
And this DECISION (to Amend the laws)could NOT have been tabled before NOW??? COME on!!! Amazing how certain AMENDMENTS were made in your 1st 100 days which DID NOT benefit BERMUDIANS!!!
Governments are ABOUT making many and saving face!!!
Bermuda has taken a MASSIVE plunge unto a very destructive path!!!
So SAD! So SAD!!!!!!
He says that we had to wait for Privy Council meeting in November before they could start drafting amendments to the law.
Damned if you do, damned if you don’t.
These laws are dated 19XXX and have recently been acted upon by defense lawyers who have jumped on the band wagon of one appeal from a lawyer who did their job and identified what the REAL maximum sentence by law that can be applied to murder cases. Are the judges to fault because they applied these sentences not aware of their boundaries?
Now, it is being addressed; mainly due to the numerous appeals over the last year and the Minister is told, “And this DECISION (to Amend the laws)could NOT have been tabled before NOW??? COME on!!! Amazing how certain AMENDMENTS were made in your 1st 100 days which DID NOT benefit BERMUDIANS!!!”
Wow; so the Minister has acted after years of the law going unnoticed, and not amended, and it’s not fast enough for ya?
So much to the point your criticism includes “DID NOT benefit BERMUDIANS!!!
You won’t have a personal issue with the Minister would ya?”
SMH
Life should be life! bye bye never to be seen again.
PROTECT LAW-ABIDING CITIZENS DAMN IT!!!!!MARK, THAT IS YOUR JOB AS ATTORNEY GENERAL!!!!!!!!!!!
Thank you, AG and team !
What is stopping the Judges,who are to blame for these costly appeals,from ignoring the law again even if they are amended, since there are no repercussions for their failure to obey the law, as usual. I thought no one should be above the law.They certainly love to punish others to the fullest extent . Where is the accountability? Shouldn’t those in “authority” be held to an even higher standard? Bermuda is another world, no one has even questioned the Judges role in this fiasco. As for the inaction by the AG, there is no excuse, he didn’t just discover the problem yesterday. Precisely why I said Ministers should have taken a 50% pay cut, or even better performance based pay like they are suggesting for teachers.
And the Parole Board will let them out after 10 years and 15 years for others.Mark my words
Mr. Pettingill & The Attorney General’s Chambers, please look into the death penalty. Mostly all of these deaths were premidated by the defendants. They all wanted to kill and had the intention of killing their victims. Why should my harding working tax money go towards them living in Hotel Westgate. The Death penalty would also send a message to people that think of killing other people. If you decide to kill somone you will die too.
If you Google it you will see that study after study has shown that the death penalty is not an effective deterant. You would think it would be, but studies show it is not.
I’m as human as the next person and if a loved one was murdered it would be difficult to accept “life in Westgate” for the guilty. If there are countries that are willing to accept our guilty murderers ( for a fee much cheaper than our cost here at Westgate) then why not send them overseas to serve a real life sentence. The thought of life in a Mexican prison (as short as that would probably be thanks to the inmates) would be more of a deterant, I should think.
The death penalty completely eliminates the chance of re-offending.
The death penalty makes sense until you kill a wrongly convicted innocent person.
2001 Parole Act totally skewed and now all this……Instead of making it stronger it watered down, smh.
I guess reversing term limits, and trying to sell status to people is more important than passing legislation to correct the perceived flaws in the legal system.
did you even read the story above?
“Technically, we had to wait for the Privy Council decision in November before being able to review the law.”
LOL
LOL. Looks like.
I’d like to see ‘Life without the possibility of parole’ added to the books.
I would like to ask the AG what happened to changes on law years ago that mandated consecutive sentences for any offence committed with a firearm. I believe it was ten years in prison consecutive to any other sentence. In other words if someone was convicted for robbery with a firearm and they were sentenced to 7 years for the robbery, they would also have to serve 10 years consecutive due to the fact a firearm was used. Why then, does a murder conviction with a firearm not result in 15 years (for mirder) plus 10 years consecutive if a firearm was the weapon. This would be 25 years minimum….
What about Ze Selassie in lieu of a death sentence, he should have at least gotten 2 consecutive life sentences, for the young girl and her unborn child’s lives, plus statutory rape, no parole, 25 x 2 + 20= 70 years (remember when they ended parole for drug offenses?). Any heinous crime against another should be dealt with seriously, not, like a lady pointed out, 2 years for skipping a $38 cab fare and 15 years for premeditated murder, making killing someone literally less than 8 times as bad as stealing $38, meaning a life is only valued at $285!!! Mind you, it costs us around $160,000 to punish the fare skipper, and $1.2 million for the murderer, not including legal, court costs etc. We need a review of our judicial system as a whole.
Lets not fool ourselves, the Parole Board will get rid of them in 15 or 25 years.
Stop cleaning out the prisions of these criminals cause we don’t need them out and able to do it again!
May be a sentence of 120 years would be an alternate. What is the percentage of time needed to be served if a hard and fast number of years is given as a sentence.