Judge: Prisoners must know release and parole dates

Justice David Cannings says all prisoners must know when they will be released and when they can apply for parole.

“Every prisoner has the right under Section 37(1) of the Constitution to the full protection of the law, and this includes the right to know with certainty their DDR [due date of release] and their date of eligibility for parole.”

He said this in a case before Christmas 2024, for John Varimai, who is serving 14 years at Bomana Correctional institution for persistent sexual abuse of a child.

Varimai had asked the court to clarify his release and parole dates, with the court responding that his release date is November 20, 2030, and he can also apply for parole.

Justice Cannings explained how these dates are calculated - first, the total sentence is added to the starting date of the sentence, then time already spent in jail before sentencing and one-third of the sentence [remission] are subtracted.

The judge also clarified that eligibility for parole is determined under the Parole Act, which states that prisoners serving five years or more can apply for parole after serving half of their sentence.

This means, Varimai’s sentence started on July 21, 2021, and after serving half his sentence, his parole date is July 21, 2028.

The court also ordered the Bomana Jail Commander to update Varimai’s Correctional Service records to reflect these dates accurately.

"This decision ensures transparency and legal certainty for prisoners,” Justice Cannings noted.