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Paedophile release reveals ‘flawed system’

John Malcolm White (Photograph supplied)

The release of paedophile John Malcolm “Chalkie” White has exposed a “fantastically flawed system”, according to a leaked e-mail from Senator Jeff Baron.

Mr Baron, the Minister of National Security, likened himself to a janitor mopping up the mess left behind by others, following the controversial release of White on October 31.

White, 46, a former policeman, served 12 years of an 18-year prison sentence for sexually assaulting three young boys and had not taken part in any rehabilitation during his time at Westgate.

In a November 5 e-mail to the Commissioner of Police and civil servants, seen by The Royal Gazette, Mr Baron wrote: “The release of John White has exposed a fantastically flawed system and ‘we’ll sort this out next time’ seems to be the preferred option.

“Clearly my role here is the janitor — I’ll step in to clean up the mess left behind by others. Reactionary and without thought. I’ll soak my mop now and await for that call.”

It was Mr Baron, a former policeman, who alerted the One Bermuda Alliance’s parliamentary team to White’s release.

The Minister of National Security receives a regular list of prisoners due for release from prison from the Department of Corrections and it is understood he spotted and recognised White’s name.

“I find status quo on this entire matter perverse,” Mr Baron wrote in his e-mail.

“Legal minds caution, if not outright advise against, notifying the general public of White’s release [despite his] refusal to participate in a single rehab programme, interview etc.

“Fortunately, as a legislator, I can begin to push this absurd legal framework into something that looks, smells and acts like a law that seeks to protect our population.

“This is yet another example of political impotence. The ‘do nothing’ option. There are laws . . . that speak to this specifically. I’m not conjuring this or overreacting; I’m nudging the lever-pullers to invoke a law designed to protect.”

The power to issue a notice and picture of a sex offender to the public has been law for 15 years but is understood to have never been used until Michael Dunkley, the Premier, released White’s photograph to this newspaper on November 10.

Five days before, Mr Baron wrote in his e-mail: “[The argument that] ‘it’s never been done before’ doesn’t get my juices flowing. Ever. It’s not even a cogent argument.

“I’ll yield now to the Attorney-General, who may consider his options regarding this, discuss committees and future policies.

“Meanwhile, in 2016, members of our community are beginning to issue ‘public notices’ to thousands via social media. I find abrogation of leadership to a community member at home on a laptop terrifically sad and anachronistic.”

Meanwhile, child safety campaigner Sheelagh Cooper warned a handful of sex offenders are due to released from prison within the next 18 months but could be kept behind bars if they have refused to take part in rehabilitation programmes.

Ms Cooper, founder of the Coalition for the Protection of Children, said she was aware of several men convicted of sex crimes — the majority against children — who would complete two-thirds of their prison sentences and were likely to be released if they were considered to have abided by prison rules.

Ms Cooper said even those who had not participated in sex offender treatment while in prison would be able to walk free for “good behaviour”, with a third of their sentence left to go, as happened with White.

She repeated a call she made after White’s release, for prison chiefs to use a section of the Prison Rules which makes refusing to participate in a rehabilitation programme a violation of the rules which can result in an offender serving their full sentence behind bars.

Ms Cooper, referring to the sex offenders due for release, said: “There is still time to invoke section 32(c) of the Prison Rules 1980 and deem refusal to engage in the programme as a violation of prison rules, thereby removing earned remission and holding them until the full sentence is served.”

She added: “Additional legislation needs to be amended to include mandatory parole, even after two-thirds or even full sentence completion, for serious sexual offenders.”

White’s release from prison prompted a debate last month about whether the public should have been notified by Attorney-General Trevor Moniz.

Mr Moniz claimed that although the public could be notified, under section 329H of the Criminal Code, no written policy existed on how to do so. He told this newspaper he was investigating how soon a protocol could be put in place.

The Opposition contradicted him, insisting a protocol was enacted during its time in government. This newspaper submitted a public access to information request in relation to the protocol to the Attorney-General’s Chambers, which subsequently transferred it to the Ministry of Legal Affairs.

It was not possible to reach Mr Baron for comment.