By Elesha George
Convicted murderer Timothy Jackman is back in custody after being mistakenly released from His Majesty’s Prison (HMP) in June.
The re-arrest follows a ruling by Justice Rene Williams, who determined that as a matter of public trust, the prison had the authority to bring Jackman back into custody after his premature release on June 3.
Jackman’s attorney, Wendel Alexander, now has seven days to file a constitutional claim, arguing that Jackman’s rights were breached when he was given the wrong prison term, release date, and was then re-incarcerated. This case will be heard on September 17.
Alexander argued that Jackman had a legitimate expectation to be released on that date and made preparations for his life after prison.
The 27-year-old, who has been serving time for killing his transgender partner in 2018, was initially given a card with his earliest release date which was misplaced. He was given a second card with the same date of June 3, 2024. But days after his release, police officers went to search for Jackman, who had by then been employed, to inform him of the error.
In addition, it took the judiciary over six years to recognise a miscalculation that extended Jackman’s sentence by an additional two and a half years. Justice Ann-Marie Smith had originally calculated a 112-month sentence for Jackman, which should have totalled nine years, three months, and a few days. Instead, a warrant was issued for an 11-year, nine-month term.
Alexander criticised the oversight, noting that multiple legal professionals, including the Director of Public Prosecutions, the judge, the defence attorney, and the registrar, all failed to detect the error.
“It is no fault of his; everybody made an error except Mr Jackman. The judge made a mathematical error; simple as it is, it is extremely serious because the interest and the livelihood and the freedom of the subject is at stake,” he stated.
Superintendent of Prisons, Colonel Trevor Pennyfeather, admitted to the court that “a human error” was responsible for the extended sentence, explaining that the years 2021 and 2022 were counted twice.
Despite this, the prison’s legal representatives argued that they were bound by the court order to incarcerate Jackman until June 29, 2026, unless the error is corrected through proper legal channels. They also argued that there was no serious issue and that the case was not an exceptional one to warrant the granting of an interim injunction to keep Jackman out of prison.
Justice Williams in his order agreed with Jackman’s attorney that there is a serious issue to be tried as it raises serious constitutional issues including Jackman’s right to liberty, freedom from cruel and unusual punishment as a result of his early release, and the anxiety that will come from that.
Consideration for financial damages, Alexander warned, would be “astronomical” for the government if Jackman is allowed to serve the erroneous sentence.
Upon hearing the news, a frustrated Jackman reportedly exclaimed, “I have to go back to prison,” before walking away. His brother has vowed to support him in seeking a just resolution.
“He’s very anxious. He’s frustrated,” Robinson remarked.
Jackman was serving time for manslaughter for killing his 25-year-old partner Arnal “Angel” Joseph. Joseph was stabbed in the neck during a domestic dispute.
Attempts will be made by Jackman’s attorney to correct the sentencing issue. His options include writing to the Governor General who can appoint a public official to assess the case and potentially grant remission or a pardon.
The lighter sentence would mean that Jackman will be released from prison in November 2024, if he is not granted a pardon because of the early release error.
