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February 15, 2008

Policy in place but not implemented, justice minister says

The Telegram, http://www.thetelegram.com

Justice Minister Jerome Kennedy says a worker at Her Majesty’s Penitentiary (HMP) inappropriately left the courts with the impression counselling services are available to remand inmates.
There is a policy in place, Kennedy said today, but it is not implemented because it is impractical given the constraints of the prison and lack of resources.

Kennedy investigated the matter after media reports of the Hector Jesso trial.  Jesso was given a four-year sentence by Supreme Court Justice Lois Hoegg and his three years on remand were not credited as double time, as is a common practice in the courts.

Justice Minister Jerome Kennedy


Rather, he has been credited with only three years toward his sentence.
The 61-year-old, who was convicted of assault on a Pouch Cove woman, has been in jail since his arrest in May 2005.

A HMP staff person left the court with the impression that Jesso could avail of counselling services when that’s not the case, Kennedy said. The justice worker told the court there is a policy, but inmates are rarely made aware of it.

Kennedy said an investigation by Justice officials revealed, “there is no record of a remand inmate having had access to the type of treatment programs that were discussed in this evidence.”
Kennedy said it was learned the policy was in place since 1987, was reaffirmed in 2001, but can’t be followed.

“I can tell you quite clearly and frankly that the information which was provided by the classification officer was inaccurate,” Kennedy said.  “This is the kind of information that should not be put before the court.”
 

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