Rape convict gets five years subtracted

By BEVERLY PETER
A RAPE convict has had five years omitted from his jail term after successfully contesting the calculations by the prison office.
Paul Supa, 45, of Malalaua’s Karama village in Gulf had applied in the National Court last December seeking a review on his release date, arguing that the July 15, 2034 date was incorrect.
Justice David Cannings concurred after establishing that another five years imposed on the convict for escaping from lawful custody were not recorded on his detainee file.
The judge said it would be unfair, harsh, oppressive and contrary to section 41(1) of the Constitution for the court to take into account matters that were not recorded on file.
“Due date of release must be based on what is on file,” he said.
He then disregarded the five years sentence for the escape and granted Supa’s application and set his release date to Feb 27, 2029.
Cannings further ordered the Commissioner for Correctional Service to amend Supa’s file showing the new date of release.
It was before the court that Supa was convicted of rape and sentenced to 20 years in 2017. While serving his term at the Bomana prison, he escaped from custody in 2019 and was on the run for four years. He was recaptured in 2021, charged with escaping lawful custody (in which he pleaded guilty) and was sentenced to five years.
Cannings, after going through Supa’s file, noted: “His detainee file, which is in evidence, shows his due date of release as 15 July, 2034 and contains no record of his escape or his recapture.
“There is no evidence on the file that he was charged with the offence of escape.”
He said a prisoner’s due date of release was a matter of law and to be calculated by examining court and Correctional Service records, interpreting and applying provisions of the Correctional Service Act.
“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 due date of release from custody,” Cannings said.
He then disregarded the five years sentence and ordered the new date of release.