A legal challenge to the court's ability to jail deadbeat dads repeatedly for failing to pay child support and refusing to participate in work release programmes was launched yesterday before Chief Justice Austin Ward.

The appeal was launched by lawyer Richard Horseman on behalf of a man who spent 14 months continuously in jail as a civil prisoner.

Edward Warren Ming was first imprisoned for child support arrears in February 2000 for a period of three months.

However, Ming refused to participate in the work release programme and as a result, rather than being freed after the time was served, he was sent back to prison for four additional three-months terms in a row.

Mr. Horseman argued yesterday that Ming's actions may be morally despicable but under current legislation he cannot be recommitted without release.

He also suggested that requiring men to participate in the work release programme while seizing their full wages amounts to forced labour.

“He may be the least shining father on the Island,” Mr. Horseman said.

He added: “If that was the proper interpretation a Magistrate could keep someone locked up for life without ever releasing him.”

Mr. Ward pointed out that Ming and other civil prisoners are given the opportunity to work to pay off their debts and given food and shelter.

He added that the law said people cannot be imprisoned twice for the same debt but if the amounts continue to increase they can be imprisoned again for the difference of the increase.

However, Mr. Horseman contended that the current law stipulates the individual must first be released before he can be returned to jail under those circumstance.

He said Ming - who was not present at the appeal - may well end up imprisoned for non-payment again but should not be held for more than 90 days without release.

Mr. Horseman said the jail terms are intended as punishment and while the Magistrate may have good intentions in recommitting the sentence and ordering participation in the work release programme it is not provided for under the law.

Ming was imprisoned for failure to pay child support to two different women.

One of the women appeared in court yesterday and spoke of her [attempts to find justice for her daughter.

Mr. Ward explained to the mother that the court was considering only a legal principle.

“This is really a question of law,” he said. “Whether the Magistrate has power to do what he is doing.”