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Monday, 4 August 2014

The curious case of Martin Evans #extradition #MartinEvans

Britain’s “most wanted man” found in South Africa”


+Sky News and the  +BBC have reported that one Martin Evans, apparently Britain’s most wanted man, has been found in South Africa and has been arrested. He is due to face extradition proceedings before a South African Court.


Prison authorities released him on a ‘weekend licence’ whilst he was serving a 21 year prison sentence.

What caught my attention is that the British prison authorities had apparently released him on a so-called ‘weekend licence’ in 2011 whilst he was serving a 21 prison sentence.

 Although I am based in Cape Town, I am a regular viewer of Sky News, and I have recently noted at least two reports on Sky which dealt with British convicts, who had been convicted of serious offences, apparently committing further offences whilst on ‘weekend licence’ or the equivalent.  At the time, it seemed to me that the offences of which the prisoners in question had been convicted did not render them suitable candidates for release on any ‘weekend licence’ programme in the first place. That said, I did not have access to the facts of those cases.

 Reason for ‘weekend licence.

It has been recognised by those involved in penal systems that convicts who have served their prison sentences or who are released on parole often find it difficult to adjust to the process of their reintegration into normal working and family life. In an endeavour to facilitate the process of reintegration into society, some penal systems provide for a system of gradual reintegration for prisoners due for release or parole. This system usually comes into effect shortly before the actual release or parole i.e. during the latter stages of the sentence.

Gradual reintegration takes various forms

The types of gradual reintegration of prisoners differs from system to system and may take various forms within a system. For example, the prisoners may be permitted to leave the prison during working hours on weekdays in order to take up employment and/or they may be permitted to spend certain weekends at home in order to facilitate their reintegration into family life.

 
Gradual reintegration near end of incarceration makes sense

I support the concept of gradual reintegration of prisoners where it occurs shortly before the prisoner is due for release or release on parole. However, it makes no sense to employ gradual reintegration in circumstances where the prisoners are repeat offenders who have committed serious crimes, or in circumstances where a prisoner has, during his incarceration, shown no or little hope of rehabilitation.

In cases where a prisoner has been convicted of a relatively minor offence which justifies a short prison term, say under five years, then I would not object to intermittent ‘weekend licences’ being granted during the second half of their sentences provided such candidates pose no danger to society and that they demonstrate reasonable prospects of rehabilitation.

Was Martin Evans a suitable candidate for release on ‘weekend licence’?

As soon as I heard that Martin Evans had been sentenced to serve a 21 year prison sentence, I wondered about the circumstances under which he was granted a ‘weekend licence’. I assumed that he had been convicted and sentenced at least sixteen or so years prior to such release (i.e. during about 1995), and assumed further that he was justifiably found to be a suitable candidate for such release.
Curiously, upon investigation, neither assumption was proved to be correct.

Martin Evans was convicted in 2006

I was flabbergasted to discover that Martin Evans had served less than a quarter of his sentence when he was released on a ‘weekend licence’ from Erlestoke Prison.

The reason why this is relevant is self-evident. A prisoner who is released on ‘weekend licence’ towards the end of his sentence, i.e. shortly before his release or before his release on parole, has little or no incentive to abscond instead of returning to prison. By absconding, he would prejudice any parole or early release to which he would be entitled, and, if caught, his actual release date would be postponed due to an additional sentence for his escape. Faced with a choice of returning to jail for a short time longer or living a life on the run, most prisoners would opt for the former.

On the other hand, Martin Evans had a further sixteen years or so to serve when he was released on ‘weekend licence.’ The temptation to abscond, despite the hardships which a life on the run would involve, would have been immense. 

I don’t know whether the decision to permit Evans’s release on ‘weekend licence’ in such circumstances was the result of prevailing penal policy in Britain, or whether it was due to a decision taken by those in charge of Erlestoke Jail. Whoever was responsible, they turned a blind eye to the obvious risk that any long term prisoner released on weekend licence before the majority of his or her sentence has been served, will be tempted to abscond instead of to return to serve the remainder of the sentence.

Were there any other factors which rendered Evans unsuitable for ‘weekend licence’ at such an early stage of his sentence?

The sentence itself

Firstly, Evans was sentenced to serve twenty one years in prison. In anybody’s language, and in almost any penal system, this would constitute a stiff sentence. A British Court would not have handed down such a stiff sentence unless it was of the view that the offences in question were very serious indeed. This alone, in my view, rendered any form of gradual reintegration or ‘weekend release’ to be improper at any stage during the first 75-80% of his actual sentence or at the very least, during the first 75-80% of his reduced sentence, if parole or early release becomes applicable.  

 In particular, Evans was found guilty of two separate serious offences, drug trafficking and fraud. Persons convicted of multiple serious offences are typically less likely to benefit from or respond favourably to attempts at reintegration or rehabilitation, and those responsible for the curious decision ought to have taken that into consideration.

Secondly – Evans had absconded before

Evans was due to face trial in March of 2000 on charges of having defrauded eighty seven investors out of around £900 000. He absconded a few days prior to the trial. Apparently, at the time, he sent a fax to the Court to advise that he would not be attending the trial.

Evans fled to Spain and later to Holland, where he masterminded a drugs and money laundering operation during which he shipped at least £3m of ecstasy and cocaine into Britain

Evans was only apprehended and returned to the UK in late 2001 due to a failed attempt to enter the US on a false passport. He was apparently the victim of increased security measures at US customs following the 9/11 attacks.

Given that Evans had absconded to avoid facing fraud charges, which arguably may have involved anything from seven to twelve years in prison, it was inevitable that he was likely to abscond, if offered the opportunity, to avoid serving the remaining sixteen years of his sentence.

CURIOUS DECISION
 In the light of the above facts, the decision by the applicable authorities to allow this man to be released on any form of ‘weekend licence’, particularly at that stage of his sentence, was foolish and inexcusable. And if it turns out that the prison authorities were operating within guidelines handed down to them by the British Department of Corrections or equivalent, then it follows that those guidelines require urgent review before a repetition of such a foolhardy decision has more serious or damaging consequences.

So far, I am not aware of any critics of the manner in which Her Majesty’s Prison service deals with ‘weekend licence’ or ‘gradual reintegration.’ This surprises me. I wonder whether the curious case of Mr Evans will raise any eyebrows?

SG WALTHER 04 August 2014

Sources & Credits:
BBC.com 16 Aug 2011; The Independent.  +Jack Simpson  03 August 2014 ; BBC.com 4 August 2014 ;Sky News ;News24.com
SEE ALSO:
MH 370
http://siegfriedwalther.blogspot.com/2014/06/mh-370-new-atsb-theory-does-not-exclude.html

AF447
http://siegfriedwalther.blogspot.com/2014/05/air-france-447-bea-whitewash-af447.html
#weekendlicense
 
#extradition

#MartinEvans
#parole
#HM Prison Service

see other articles on aviation such as MH370
+Her Majesty's Prison Service

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