Murder convict granted leave to challenge parole refusal
A murder convict at the Tower Street Adult Correctional Facility in Kingston is hopeful for a shot at freedom after the Supreme Court granted him leave to challenge the Parole Board’s recent refusal.
Oraine Baldie, who has been incarcerated since 1998 for non-capital murder, has been eligible for parole since 2016, but has faced repeated denials despite his efforts to rehabilitate. The latest refusal came in a letter dated November last year.
Last Friday, Justice Andrea Thomas granted Baldie the right to seek judicial review of the board’s decision.
His attorney, Hugh Wildman, told The Gleaner that Baldie was denied a fair hearing, violating his constitutional rights under Section 16 of the charter.
Justice Thomas agreed that Baldie was entitled to a fair process.
Baldie, who has spent years participating in rehabilitation programmes, earned an associate degree in business administration with second-class honours. He expressed hope that the court’s decision could lead to his release after a long period of incarceration.
Wildman said he was encouraged by the development and optimistic about the outcome.
Baldie claims that the parole process has been unjust, citing the Parole Board’s failure to grant him a hearing or provide reasons for its decisions. He is seeking a declaration that the board’s refusal, conveyed via a letter, is procedurally improper and unlawful. He also wants the decision quashed, arguing that it is irrational and violates his rights.
Among his grounds for appeal, Baldie points to his significant rehabilitation efforts, including completing his associate’s degree through the University of the Commonwealth Caribbean while incarcerated. He believes that after more than two decades in prison, his progress warrants serious consideration for parole.
RIGHT TO BE HEARD
“I have a right to be heard in all such matters regarding my application and any allegations that affect the consideration of my application,” Baldie stated in the affidavit.
Baldie also refutes claims made in the Parole Board’s report, including allegations of suspension from his educational programme and a need for psychiatric evaluation.
“Those allegations in their report are completely false and I have not, to this day, been given an opportunity to answer to those allegations,” he added in the court document.
Furthermore, he alleges discrimination, noting that another inmate in a similar situation had his parole granted, despite Baldie’s superior performance in rehabilitation programmes.
“My continued incarceration is unfair and unjustified when I have clearly improved more than my peers and they have been granted parole, while I have still had all my four applications refused,” he said in the affidavit.
Wildman, in the meantime, said the court had given him 14 days to file the claim to quash the board’s decision and the documents have been filed, and he is now awaiting a date for the hearing.