Judge: Board erred in law by refusing parole for prisoner

By CLARISSA MOI
JUSTICE David Cannings says refusal of parole on the grounds that one is not eligible is a denial of a prisoner’s rights.
“Every prisoner has the right under Section 37 (1) of the Constitution to the full protection of the law and this includes the right to know with certainty their date of eligibility for parole and due date of release from custody,” he said.
“The applicant is eligible for parole after serving one third of his sentence of 30 years, that is, after serving 10 years of sentence.
Justice Cannings made the ruling at the Waigani National Court on Friday on an application by former director of the Office of Climate Change Dr Theo Yasause for enforcement of human rights.
Dr Yasause, from East Sepik’s Yangoru, is serving a 30-year sentence for the murder of Aquila Emil, a rugby league star, in 2011.
The court, on Jan 22, last year, ordered that his date of eligibility for parole was Jan 29.
On Oct 4 last year, the Parole Board refused his parole application on the grounds that he was not eligible for parole until March 30.
Justice Cannings said the board had erred in law by refusing parole as the eligibility of parole had already been declared in a court order and the board had departed from the order.