The Tribune

By LEANDRA ROLLE

Tribune Staff Reporter

lrolle@tribunemedia.net

THE Rehabilitation of Offenders Committee has to date expunged the criminal records of 80 people, some of whom were convicted for curfew violations during the height of the COVID-19 pandemic.

Paul Farquharson, the committee’s chairman, provided the latest statistics during a press conference at the Ministry of National Security Friday where he also gave an update on the body’s work.

He said the latest numbers were recorded from January to October of this year and added that during this period the committee had received 146 applications from ex-offenders seeking a clean slate.

“Eighty of those have been expunged. Five were denied. Eighteen of those applicants applied too early. One person was recommended for counseling and 21 of the applications have been referred to the prerogative of mercy,” he told reporters Friday.

“It was also noted that there were 26 applications in connection with curfew violations. As you’re aware, there was an amendment recently in the House of Parliament, which addresses this very issue about curfew violations, and it gave the honourable minister of national security certain powers in regards to the expungements of those offences.

“We had 26 applications, (meaning) persons that applied to have their records expunged in regards to curfew and 26 were expunged.”

Under the Rehabilitation of Offenders Act (Amendment) 2015, people who have committed murder, manslaughter, treason, armed robbery, rape or possessed dangerous drugs with intent to supply cannot have their records expunged.

But after five years most others are eligible if they are first-time offenders or were younger than 21 at the time of their first conviction.

In cases involving people convicted of the aforementioned offences, they are referred to the Prerogative of Mercy after making a request for expungement.

Requests for expungement of other offences can be considered by the Rehabilitation of Offenders Committee, including COVID-19 violations.

In July, the government amended the Rehabilitation of Offenders Act to allow people convicted of certain Emergency Order violations to make an immediate application to have their records expunged.

Since the amendments were brought into force, Mr Farquharson said a number of people charged with curfew breaches have applied to the committee in the hope of having their records wiped clean.

However, he said, officials want more to apply “so that those matters could be dealt with” once and for all.

Paul Jones, legal counsel at the Ministry of National Security, shared similar comments, saying people deserve a second chance.

“(The amendment) allows any person, and I say any person, who fits young persons, a first-time offender, who was convicted of a curfew violation, albeit social distancing or otherwise, who applies by application to the ministry of national security, the offence having been six months later after their conviction for consideration for expungement,” Mr Jones added.

“Now, when we say expungement - it is for persons who are deserving of a second chance so you would’ve had to meet the requirements of the application and come before the board who must be satisfied that not only that you met the requirement, but you are deserving of a second chance.”

Meanwhile, committee members also gave some insight on application uptake at the Family Islands.

Thomas Pinder, a committee member from Eleuthera, described the process on the island as “slow,” as there have not been many requests for record expungements there.

He also explained that many residents are still not aware of the committee’s existence, adding that officials are planning to launch an educational workshop soon to raise more awareness about the body’s work.

“Sometimes, mid-next year, I would like to host a workshop on the island of Eleuthera where I would like to have a few of my colleagues join me, not only to show the completion of an application, but also to market the expungement committee on the Family islands,” Mr Pinder continued.

“Believe it or not, there are a lot of persons who do not know that this committee exists and I truly believe this will create a domino effect. We are all excited about the work we are doing, and we look for great things on Eleuthera.”

Meanwhile, Lynden Clarke, of Exuma, added: “In relation to this committee’s work for Exuma, like Eleuthera, it’s a bit slow and I believe it’s because of the information that really is not shared and so we are also recommending that we will host a town meeting in Exuma with our lead representatives from this committee to be able to spread the word in reference to what this committee is all about and what we can offer to those persons who can benefit from this committee.

“So, for Exuma, we did have a few applications that came to this committee even from the Exuma cays and from the mainland, but we want to really spread the word.”

Asked how long the expungement process takes, Mr Farquharson said it takes about six months “from point of application to the decision to have the record expunged."