A plea to Governor Sarah Tucker to show leniency to a pregnant inmate due to give birth this month has garnered support throughout Montserrat.
Residents and politicians from across party lines have called for a comprehensive review, expressing concerns about her wellbeing and the conditions of her detention.
One termed the issue a “significant humanitarian concern,” with another stating: “When our systems show a lack of care, they need to be reformed.”
The young mother-of-three, who Montserrat Focus has chosen not to name, is being held at His Majesty’s Prison in Montserrat after pleading guilty to theft.
Montserrat High Court sentenced her in February to 28 months for dishonestly obtaining just over EC$15,200 from the Montserrat Port Authority in 2022.
She has filed an appeal against her sentence, but a hearing date has not yet been established.
‘Significant, critical matters’
On 23 September, in an detailed open letter, child social worker Elrose Lindsey called on the governor to consider “clemency or some form of leniency” for the woman.
She raised concerns about the inmate’s physical and mental welfare, who, she fears, will have her baby taken from her a few days after birth.
The Governor’s Office offered a short response, saying that it does not comment on individual cases, but the “health and welfare of all inmates at HMP Brades is always paramount”.
On 3 October, Shirley Osborne, an electoral candidate for the People’s Democratic Movement (PDM), hosted a political programme on ZJB Radio with speakers offering support for Lindsey’s plea.
“This is a perfect example of a case in which we can actually reduce the likelihood of long term issues and the harm that will come to these children, this young family and this little nation,” she said.
The politician said she had gathered friends and fellow Montserratians to help to fix not only the specific situation but “really important, significant, critical matters underlying this whole issue”.
Osborne added that she is responding to the “deficiencies and failures in our justice and penal systems, as well as the colonial system under which the entirety of Montserrat is run by the British government”.
Humanitarian concern
Osborne introduced Nyota Mulcare, a fellow PDM electoral candidate and a self-proclaimed champion for women’s rights and justice.
Mulcare read a letter she had also sent to the Governor’s Office voicing her support for the “compassionate release” of the prisoner and saying the situation is a “significant humanitarian concern”.
“Pregnancy, especially at such a late stage, requires specialised medical attention and a stable, supportive environment for the health and safety of both mother and unborn child,” she said.
“Our current prison system certainly does not have the capacity to offer even basic medical care, and is not the ideal setting for an expectant mother to prepare for childbirth, nor is it suitable for a newborn baby to thrive.”
She said that while she understands the need to uphold the law and administer justice, “I respectfully suggest that in this case, compassion and mercy should prevail”.
“[The prisoner] does not pose any threat to our society, and releasing her under supervised conditions would demonstrate Montserrat’s commitment to balancing justice with humanity, protecting both the rights of the mother and the well being of her unborn child.”
‘Inhumane’
Rueben T Meade, leader of the United Alliance party, added his support to Lindsey’s compassion plea to the governor.
He said: “I think it is inhumane for us to expect that someone who is being incarcerated for a minor offence is being told, you cannot be allowed to go outside of prison to have your baby.
“There are ways and means of dealing with it, and I think in our case, we have to show some humanity in the way we address prisoners and prisoners’ concerns.
“Especially in a matter of a baby with the stigma of being born in prison, because that stigma continues throughout the life of that person.”
He said there needs to be “a mechanism and an approach to get this matter resolved and resolved expeditiously”.
Osborne then read a statement from an unnamed Montserrat-born academic who asked why young people not being given a non-custodial sentence after committing a first offence.
“Instead, they are sentenced to do crime in a prison that has very little in place to prevent recidivism,” she read.
“Further after doing time, young people are being denied opportunities to earn a living. They have, in fact, been handed out a life sentence. Where is the humanity in all this?”
She concluded: “When our systems show lack of care, they need to be reformed.”
‘Be humane’
PDM leader Paul Lewis, in adding his comment, said he does not believe that the prison is a suitable place for giving birth to a child.
“I believe that the authorities should use the best judgment, common-sense and be humane,” he said.
He said they know that the prison is not even adequate for to host a female prisoner on an ordinary basis.
“So I believe I call on the authorities and then asking them to use the better judgment and to be humane and to not try to ridicule or to embarrass people, to try to allow the young lady to have the child in prison.”
In the response to Lindsey’s original plea, the Governor’s Office said: “The health and welfare of all inmates at HMP Brades is always paramount.
“Where necessary, a multidisciplinary team of healthcare professionals will be convened to help manage a particular situation and if warranted, this can include the provision of both physical and psychological support.
“First and foremost however, is keeping the people of Montserrat safe and ensuring that the rule of law in Montserrat is observed and upheld.”
