Minister of Justice Nathalie Tackling.
POINTE BLANCHE--Minister of Justice Nathalie Tackling has explained why she decided to ask the United Nations Office for Project Services (UNOPS) to independently verify a prison sentence calculation after two different calculations were submitted in connection with a request for early release.
The case involved a request by former Member of Parliament (MP) and former Minister Theo Heyliger for permission to serve the remainder of his sentence under electronic monitoring with an ankle bracelet, which was denied. The minister did not mention any names while addressing the matter during the live Council of Ministers press briefing on Wednesday.
Tackling said the additional review was ordered as a precaution after the prison and an inmate’s attorney reached different conclusions on whether the inmate had served enough of the sentence to qualify for early release.
“In this particular case, a request was received on behalf of a particular inmate by their attorney and a calculation was made by the prison showing that they were not eligible for early release so the whole other process doesn’t come into the picture,” she said.
According to the minister, the attorney then submitted a different calculation challenging the prison’s figures.
“And of course on behalf of that applicant a differing calculation to the prison’s calculation was submitted. In that case I thought well given the fact that I have two competing things let me find an independent authority to verify whether or not the prison’s calculation is correct, which is what took place in that instance.”
Tackling said UNOPS was chosen because its mandate includes advising on prison records and other “soft components”.
She said the independent review was intended to avoid unnecessary legal challenges. “That extra check took place just to avoid unnecessary litigation and things like this, which is why out of extra precaution, to be sure, because there were two competing calculations, that that be done.”
Tackling said the normal early release process did not proceed because the prison’s calculation showed the inmate had not yet reached the legal requirement of serving two-thirds of the sentence.
She explained that once an inmate has served two-thirds of a sentence, the prison initiates the early release process, the Prosecutor’s Office verifies the calculation and probation services become involved. The Central Probation Board CCR then considers whether any special conditions should be attached to the inmate’s release before making a recommendation to the minister.
However, she said none of those steps were reached in this case because the inmate was found not to be eligible for early release.
The minister also clarified that an inmate’s behaviour does not determine eligibility for early release. “Behaviour doesn’t factor in to whether or not you are eligible. The law says you have to sit two thirds of your sentence regardless of how you behave.”
She explained that behaviour is considered only after an inmate has reached the two-thirds point and is being assessed for release on probation. Tackling added that the law does not allow inmates to be released before serving two-thirds of their sentence unless there is a detention capacity issue. Even then, she said, one inmate cannot move ahead of others who are ahead in the order of eligibility.
