Convicted child rapist takes legal action as deportation looms

An application questioning the lawfulness of the detention of Derick Brady, one of several prisoners recently granted remission by the attorney general, has been filed in the High Court as the convict’s lawyer seeks to have him released.
In the Writ of habeas corpus ad subjiciendum filed in recent days, defence lawyer Charlesworth Tabor told the court his client is currently detained in the Immigration Detention Centre at the former US Naval Base and there’s a case before the St. John’s Magistrate’s Court where his deportation is being sought.
Brady, a Jamaican national convicted for raping a five-year-old girl, pleaded guilty in 2009 and was sentenced to 18 years in prison.
He had just over one year left on his sentence when, last month, the then prison superintendent, Albert Wade recommended that he be granted remission for his good behavior.
Shortly thereafter, Attorney General Steadroy Benjamin gave written authorisation for that time to be shaved from his sentence, and Brady and seven others were released from Her Majesty’s Prison.
There was immediate public backlash and the attorney general rescinded the remission of several of the convicts.
Brady was not among those whose remission was reversed. But, when he was taken from the prison, he was transferred to the former US naval base for deportation.
The deportation hearing is scheduled for March 20, but Brady does not believe he should be deported.
According to the habeas corpus writ filed on his behalf, he wants to be able to regularise his status and remain in Antigua and Barbuda.
The Writ states, “It would be harsh and inhumane treatment to separate him from his family in Antigua and Barbuda, particularly since he would neither be a ward to the State or a threat to the public interest if he remained in Antigua to be with his family.”
It also states that his wife is now a citizen of Antigua and he had previously applied for temporary residence.
“The Applicant applied for temporary residence in 2008 but the application process was subsequently eclipsed by the Applicant’s unfortunate brush with the law. The Applicant will be 62 years old in July, 2019, and it would be unconscionable and contrary to all principles of international human rights law to separate the Applicant from his family in Antigua and Barbuda. Moreover, had the Applicant not committed a crime he would, like his wife, have become a citizen of Antigua and Barbuda,” the Writ added.
Brady’s daughter, who is also a citizen of Antigua, is supporting his application.
She accepts that the conviction shows her father “has committed a serious offence” but she also notes that he “has paid the price for it. For his sentence of 4,383 days of imprisonment, he has served 3,989 days and only had 394 days remaining when he was granted remission for the remainder of his sentence by the Attorney General and Minister of Legal Affairs.”
She said should her father be deported after already serving his time, it would amount to double punishment.
She even argued that the authorities should consider that “there is serious doubt as to whether my father was guilty of the offence for which he was charged.”
The daughter elaborated that on the date of her father’s trial, which court records would show, his attorney did not appear because he was not fully paid.
“My father had a difficulty with the conditions being on remand, and because he was advised by a police officer that it would be better to plead guilty so as not to be given a life’s sentence, he followed that advice and pleaded guilty,” she said.
Tabor, who recently became Brady’s lawyer, is not challenging the conviction, but in the application against his client’s deportation case, the man’s daughter cited a number of issues with original criminal case, to include: “The evidence at trial did not point to any sexual molestation [and there was no medical report].”
It reiterated however that even if a crime was committed, the Jamaican man has done the time for it.
The daughter stated, “Moreover, my father is not in the best of health being diabetic and hypertensive, he would not be able to obtain the type of supervised care that he requires if he was living all alone in Jamaica.”
She said that while he was in prison, he had to be taken to the Mount St. John’s Medical Centre on several occasions because of his health conditions.
The daughter concluded that, “In the circumstances, I hope that justice and reason will prevail and my father will be allowed to regularise his stay in Antigua and Barbuda; particularly since human rights considerations would require the same, the fact that my father is not a threat to the public interest and his prevailing health conditions.”
The date for the hearing of the habeas corpus ad subjiciendum has not yet been set.