Convict freed after 31 years in jail

A convicted man who spent more than 31 years in prison for manslaughter has been released by a High Court judge.

Robert Noreiga, who spent almost two-thirds of his life in prison, was convicted of manslaughter in April 1994, in a dispute over money his victim did not want to return. He was sentenced to life in prison, not to be released until 15 years had elapsed.

In March, Justice Robin Mohammed held that the delay by the prison authorities in reviewing their prison terms was unconstitutional.

He referred Noreiga’s case to a High Court judge in the criminal division for the review to be done.

He said it was evident that the regime for sentence reviews for life imprisonment was challenged and in need of review.

“The constitutional courts cannot stand idly by awaiting the authorities to get their house in order while the applicants remain detained arbitrarily with no foreseeable hope of release.”

Mohammed also held that the prison authorities had a duty to do regular four-year reviews of prisoners serving life sentences, to consider the possibility of their release.

Noreiga’s case was assigned to Justice Gail Gonzales for review. On Wednesday, she said he had long completed his minimum sentence.

In her review, Gonzales referred to Noreiga’s affidavit in which he spoke of his life before the incident and his time in jail.

Now 51, Noreiga was 19 at the time of the killing, was unemployed and had a daughter.

Admitting there was little guidance on how the review was to be embarked on, Gonzales referred to cases from the Privy Council on the issue.

“In this case, I consider that the prisoner had long completed his minimum sentence.”

In considering if there was any reason why he should not be immediately released, Gonzales said he appeared to understand the need to live as a law-abiding citizen, had expressed his regret over the incident, participated in rehabilitative programmes in prison and embraced religion.

While he was assessed at 45 per cent of reoffending and was not a model prisoner, the judge said questioned if things would be different if he had been properly reviewed by the prisons.

“The question is has he spent sufficient time to satisfy at least the punitive aspect of the

sentence.”

As she looked at the time he has already spent in prison for an attack which the jury, by its verdict, found to be provoked, she said she was satisfied that there would be no useful purpose to detain him further.

“I, therefore, order that he be released with immediate effect.”

Noriega was represented by Rajiv Persad, SC, Peter Carter, Larry Boyer and Ajesh Sumessar, and Vanita Ramroop.

The State was represented by attorney Veona Neal-Munroe who told the judge, at the start of the hearing, the State was of the view that Noreiga has spent his time.