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Court grants stay of deportation for sex offender

Sex offender Ernest Charles McQueen was due to be released this month (Photograph supplied)

The Court of Appeal has halted the deportation of a convicted sex offender from Bermuda to Jamaica.

Ernest Charles McQueen, 58, was due to be released from prison last month after serving time for sexual exploitation of a young person while in a position of trust.

However, it was announced that month that McQueen would remain in custody until his “immediate deportation”.

McQueen, a Jamaican national, applied to stay the deportation order and stated that he filed an appeal against his 2015 conviction in the Court of Appeal.

Puisne Judge Shade Subair Williams denied the stay application last month, saying McQueen could still pursue his appeal from outside Bermuda.

McQueen then applied to the Court of Appeal to stay his deportation, and Ian Kawaley, the president of the panel, granted an interim stay so that the matter could be heard during the court’s March sitting.

McQueen suggested that he may not have regular access to the internet or a computer to properly pursue his appeal if he were deported to Jamaica.

Lauren Sadler-Best, for the Attorney-General’s Chambers, said yesterday that Jamaica “does not exist in a time warp”, that McQueen could appeal his conviction from anywhere and that nothing would prevent him from receiving legal aid funds from Bermuda for the case.

Victoria Greening, McQueen’s lawyer, highlighted the difficulty of receiving proper instruction when not face to face with clients.

The Court of Appeal halted McQueen’s deportation order yesterday, ordered him to stay at the Westgate Correctional Facility. Ms Greening was asked to submit arguments by April 30.

The panel’s full ruling will be released at a later date.

• It is The Royal Gazette’s policy not to allow comments on stories regarding criminal court cases. This is to prevent any statements being published that may jeopardise the outcome of that case