Court: Board To Review Eligibility For Release

November 26, 2019

The Parole Board has been “directed to convene a hearing within 14 days of the date of this judgment” for the purpose of reviewing Dennis Robinson’s “eligibility for release on licence.”

This is according to a ruling from the Supreme Court in relation to an application for Judicial Review against a “decision to recall prisoner from release on parole and keep in detention.”

In providing background, the ruling said, “The Plaintiff is currently serving a life sentence of imprisonment under section 288[1] of the Criminal Code Act 1907, having been convicted for the offence of murder on 3 February 2006. The life sentence comprises of a statutory eligibility to parole for release on licence by the Parole Board, as established by the Parole Board Act 2001.

“On 18 April 2016 the Plaintiff was granted parole by the Parole Board [intermittently referred to as “the Board”] on various conditions, the relevant portion being as follows:

  • “[iv] Not to commit another offence against the Laws of Bermuda during the period of this Parole Order and to immediately inform the Parole Officer of any arrest or charge.
  • “[viii] To refrain from activities and association with persons, places or things that may lead to illegal activities. This prohibition incudes but is not limited to maintaining an affiliation with any gangs or being in the company of gang members; being in possession of any weapons. Any written directive from the Parole Officer in terms of refraining from specific activities or associations must be adhered to.

“On 15 November 2016, the Plaintiff and a second person were arrested on suspicion of being in possession of a controlled drug. The following day, the Plaintiff was recalled by the Board into prison custody.

“A Revocation Order purporting to be made under section 12[5] of the Prisons Act 1979, dated 21 November 2016, was exhibited to the affidavit evidence of an administrative assistant to the Board. The Revocation Order states that the Board was satisfied that the Plaintiff failed to comply with the two above-stated conditions at [iv] and [viii].

“On 6 January 2017, the Plaintiff was charged with possession of cannabis with intent to supply, contrary to section 6[3] of the Misuse of Drugs Act 1972. On 2 February 2017 he first appeared before the Magistrates’ Court to be formally charged on Information 17CR00039.

“The Plaintiff’s continued detention under the Revocation Order is the subject of complaint before me.

“The Parole Board is directed to convene a hearing within 14 days of the date of this judgment for the purpose of reviewing the Plaintiff’s eligibility for release on licence.”

The full judgement follows below [PDF here]:

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