Fresh concerns over the shortage of electronic monitoring devices have been raised after it emerged that a defendant who was granted bail has been in prison for two months while he waits for a device to become available.

The inmate, who is accused of wounding and was provisionally granted bail at the Supreme Court on condition of him having an EMD, has been in custody at Westgate since September according to his lawyer.

He appeared at arraignments via video link from Westgate on Monday to be told: “Until such time as you get that device you will remain in custody” by acting justice Charlene Scott as arrangements for his trial date were made.

However, in a confusing twist, the Ministry of National Security stated this week that there are no inmates presently remanded in Westgate awaiting electronic monitoring devices.

The Royal Gazette understands that up until recently all 50 available EMDs had been in use, but that as of Tuesday morning four had become available.

Last night, the lawyer representing the inmate who appeared in arraignments on Monday confirmed her client remained in custody. The defence lawyer, who asked to remain anonymous, said: “This man is the fourth client of mine to find himself in this situation of having being granted bail but being held in custody until a device is found for him. It’s an extremely frustrating situation, especially given the presumption that defendants are innocent until proven guilty.

“This fault in the system is an unnecessary burden on the prison and lawyers. Lawyers have to drive to Westgate to see their clients, when they should be on bail, which is a drain on resources and they can only visit the prison at certain times which makes it difficult too.”

Defence lawyer Bruce Swan confirmed that one of his clients had remained in custody for a month while he waited for an EMD to become available.

He told The Royal Gazette that he was also aware of cases where inmates had been unable to be released on parole because of the shortage of devices. “Earlier this year I had a client, who had been granted bail on condition that he was fitted with an EMD, that was kept in Westgate for a month until a device became available.

“He was released when a device became available but it underlines the difficulties this shortage has caused.

“It is making defence lawyers change the way they look at what terms of bail they will consider when applying for bail for their clients.”

Meanwhile, senior magistrate Juan Wolffe added: “The shortage of EMDs causes magistrates some concern. Magistrates will only incarcerate persons as an absolute last resort and so EMDs have been a valuable tool for magistrates who are considering whether bail should be granted or whether a community based sentence should be imposed.

“Importantly, EMDs allow the court to strike a balance between the interests of the accused/offender who may be able to receive treatment or other services whilst in the community and the safety of the community as EMDs restrict the movements of the accused/offender.”

Last December, The Royal Gazette reported how a shortage of EMDs had raised concerns within the legal community after being brought to light in a series of magistrates’ cases.

This week a spokeswoman for the Ministry of National Security told The Royal Gazette: “Presently there are no inmates remanded at Westgate awaiting electronic monitoring devices (EMDs) as a condition of release on bail. There are devices available to be fitted. It should be noted that in addition to the Courts, devices are employed by The Parole Board, The Department of Court Services, and the Bermuda Police Service.”