Trevor Moniz revealed yesterday he had never been given a report on any convicted sex offender prior to their release from prison, despite being responsible for deciding whether to disclose information to the public about their return to society.

The Attorney-General told The Royal Gazette he was “not sure” whether assessments of the risks posed by paedophiles and other sex offenders were being conducted before they were allowed to leave jail.

And he suggested the system for dealing with the release of dangerous prisoners in general — “people you risk life or limb by being around” — was flawed and needed to be overhauled.

Mr Moniz said he was in the process of setting up a national committee for safeguarding children, particularly in relation to sex offenders, which would also look at the wider issue of violent offenders.

“There are problems and we can correct them by co-ordination and co-operation,” he said. “We don’t need to reinvent the wheel.”

This newspaper e-mailed Lieutenant-Colonel Edward Lamb, the Commissioner of Corrections, for a response to Mr Moniz’s comments but did not hear back by press time.

The Attorney-General came under fire in November after it was revealed that former policeman John “Chalkie” White had been released from Westgate after serving 12 years of an 18-year sentence for sexually assaulting three young boys.

Critics questioned why Mr Moniz did not use his powers under section 329H of the Criminal Code to notify the public of his release.

The Attorney-General said he had been unable to because of the lack of a written protocol, prompting the Progressive Labour Party to say a protocol was implemented during its time in office.

Mr Moniz spoke to this newspaper yesterday after we confirmed through a public access to information request that the protocol referred to by the PLP does exist.

Provided to us by the Ministry of Legal Affairs and dated October 22, 2008, it sets out what should be taken into account when considering disclosure.

“The starting point will be the assessment conducted on behalf of the Commissioner of Prisons and the court under section 329E(2) of the Criminal Code,” states the protocol.

“Disclosure cannot be made unless that assessment concludes that the offender presents a risk of significant harm to the health and safety of the public, an affected group of people or an individual.

“It follows that this assessment must be available to the minister when considering whether or not to make a disclosure.”

Mr Moniz said he was told by his chambers, after he was informed in a One Bermuda Alliance caucus of White’s release, that there was no protocol for disclosure.

He later found out, from the Department of Court Services, that a protocol was in place.

But he said he had yet to receive any assessment on White, despite requesting one.

“I have not been able to get any report [on White],” the Minister of Justice said. “I have never received the assessment. I presume there isn’t one.

“[I have] never seen a threat assessment about anyone being released from prison.”

He said he believed Westgate was without a prison psychologist for a period of time, which could have made it difficult for assessments to be conducted.

Mr Moniz said an ad hoc committee set up last year on safeguarding children concluded that authorities “need to communicate and co-operate better than we have been”.

He said he had Cabinet approval to set up a more formal committee, with representatives from across government and the criminal justice system, whose aim would be to produce a national plan for safeguarding children.

It would also look at the issue of dangerous offenders being released from prison, he said.

“In a small community, with a very few number of offenders of that kind, we don’t have a lot of ability to deal with them,” Mr Moniz said. “Government is looking at that.”

Referring to the protocol on disclosure for sex offenders, Mr Moniz said: “It was like a mystery, looking for this thing.”

He said the policy only came to light “much later” when his new committee on safeguarding children had a pre-meeting and staff from the Department of Court Services said they had the document.

“What I have found, in my time in government, is there is a big problem with communication and co-operation across departments and across ministries,” Mr Moniz said.

“Some people are much better than others at reaching across departments and across ministries to co-ordinate their efforts but all too often you find that does not happen.”

To read the response to our Pati request, click on the PDF above under Related Media.