‘Don’t let me die in jail’

A KILLER who was convicted 28 years ago at the age of 17, for murder, does not want to die at the Carrera Island Prison. He is pleading with the High Court to release him. In fact, most of Felix James’ family, including his mother and father have died while he was in prison. James, 49, who has been in prison for a total of 32 years, including the four he spent awaiting trial, filed a constitutional motion on Wednesday in which he is seeking a number of orders, which, if successful, can lead to his freedom. His motion will be heard in the Port-of-Spain High Court on November 3. His attorney is Mark Seepersad, instructed by Gerald Ramdeen. In 1971, James was charged with murder at the age of 17. He was convicted in 1975 after Dr Iqbal Ghany gave evidence of his mental condition. James was found guilty but insane and detained at the President’s Pleasure. He believes he has been cured of his mental illness based on the visits of his doctors.
   
“I have expressed remorse and regret for the fact that my actions resulted in the loss of the life of another human being. These expressions have been and remain sincere. I do not want to die in prison but I feel as though I have been either lost in the prison system or forgotten,” he added. James, in his affidavit, admitted that he is the longest serving prisoner in TT. While in prison, he has witnessed that upon their arrival at the Carrera Island Prison, prisoners are informed of the earliest possible date of discharge and the furthest possible date of discharge. He added, “the possibility of me remaining incarcerated and eventually dying in prison as punishment for an act committed some 28 years ago fills me with dread and fear. This possibility is very real to me since I am unaware of any real or genuine prospects that I will be released.” James said he spent four months after his conviction at the Port-of-Spain State Prison before he was moved to Carrera. “I know of no person living or dead who has been incarcerated for a period longer than that which I have served.”

James said that over the years he has asked those in authority when, if at all, he would be released. He said he was still waiting as no one seems to know anything. He said his mental problem developed from the collapse of a relationship he was having with a woman. James said he had instructed his attorneys to make applications to the Office of the President, the Minister of National Security and the Commissioner of Prisons. But he is still waiting. He said he cannot wait indefinitely for the President to act, or for him to die, so he has decided to take the matter to the High Court. The convicted killer added, “I have made this decision in light of the fact that yet again it was promised to me that I would be released at around the time of the nation’s celebration of the anniversary of Independence. This time has passed. I read in the Newsday newspaper and believe that Boodram Bedassie, whom I met while at the Port-of-Spain Prison and whom I know to be the second longest serving prisoner in the prison system, had his petition for release denied.” James believes that the authorities, especially the Office of the President and the Ministry of National Security, are not interested in considering for release, the prisoners who are there for a very long time.

James cannot recall any review of his case being undertaken. He said he has not been giving any opportunity of making representations concerning his lengthy incarceration, his mental condition, whether he poses a risk to the general public, his general conduct, his work in prison and his progress towards rehabilitation. In his affidavit, James said he received a commendation for bravery at the prison. He said that in 1991, a prison officer was viciously attacked by an inmate. “After the attack, the inmate ran away into hiding. I saved the officer from further injury. It was also I who found the prisoner in hiding, apprehended him, returned him to the prison and handed him over to the authorities.” James said he has not had any disciplinary action taken against him for the last 15 years. Because of his good conduct, James is an assistant orderly. He supervises other prisoners while they perform their duties. “I am not a risk to the public and I do not have any mental problems. Therefore, I can see no reason why I have been detained for some 32 years, now why I should continue to be detained. At this stage of my life and in light of the duration of my incarceration, all I want is to be released,” James added.