Lonnie Trott v The Parole Board and Others

• Jurisdiction: Bermuda
• Judgment Date: 20 December 2004
• Date: 20 December 2004
• Docket Number: Civil Jurisdiction 2004 No. 162
• Court: Supreme Court (Bermuda)

In The Supreme Court of Bermuda

Ground, CJ

Civil Jurisdiction 2004 No. 162

BETWEEN:

Lonnie Eugene Trott

Appellant

and

The Parole Board

1st Respondents

and

The Commissioner Of Prisons

2nd Respondents

and

The Minister of Health and Social Services

3rd Respondents

Ms. E Christopher for the Applicant

Mr. M Johnson for the Respondents

The following cases were referred to in the judgment:

Smith v Minister of Health and Social ServicesBDLR [1996] Bda LR 39

R v Parole Board and Anor., ex-parte WilsonWLR [1992] 2 WLR 707

Burglary and rape — Release on licence — Breach of licence including further offence of sexual assault — Further offence not proceeded with

JUDGMENT (Ex templore) of Ground, Chief Justice

In this case the Applicant complains about the revocation of his release on licence and his recall to prison. The brief facts are that he was sentenced to an effective total of 20 years imprisonment on the 12^th March 1991 for offences of rape and burglary. On the 12^th November 1999 he was released on licence by the then Minister for Home Affairs subject to conditions (the actual order for his release having being made on the 28^th October 1999). The conditions of his licence were as follows:

• 1. that he be of good behavior and refrain from all criminal activity;

• 2. that he not be adversely influenced by persons of bad character;

• 3. that he maintain regular, full time employment;

• 4. that he be under the strict supervision of Probation Services and report to the assigned officer weekly;

• 5. that he not be charged with any offence under the Criminal Code, the Misuse of Drug Act 1972 or the Drug Trafficking Suppression Act 1988; and

• 6. that he continue participation in the Sex Offenders Programme.

After his release on licence the Applicant subsequently got married and he started a business. He also attended the community based sex offender programme pursuant to condition 6 of his licence.

On October 13^th, 2003, while on licence, he was charged with an offence of sexual assault and he appeared in the Magistrates Court to answer that on 14^th October 2003, when he was remanded in custody. On 27^th October a ‘Natural Justice Notice’ was issued, giving him notice that the Parole Board was considering his recall. It is agreed that that notice had attached to it a memorandum of 17^th October from Senior Probation Officer, Chris Paul notifying the Board of the alleged offence and making further complaints about the Applicant traveling abroad without permission, and his alleged drinking and driving whilst disqualified. There is a dispute whether the notice also attached a longer memorandum detailing a variety of alleged breaches of the Applicant's licence. If it was intended that the allegations in that long memorandum were to be relied upon against him then he should have been given sight of it, and I rely upon the R v Parole Board and Anor., ex-parte WilsonWLR[1992] 2 WLR 707 in support of that proposition. However, in view of the fact that he now has knowledge of...