BVI News

Baby in prison | Woman on murder charges gives birth while on remand

Her Majesty’s Prison in Balsam Ghut.

By Esther Durand, BVI News

Maybelline Rodriguez, the woman on remand at Her Majesty’s Prison pending her day in court for a 2018 murder is currently housing her newborn at the adult penitentiary.

Superintendent of Her Majesty’s Prison (HMP) Verne Garde told BVI News the female inmate gave birth late last year at the Peebles Hospital.

He also told our news centre that the state has made ‘all necessary provisions’ for the ‘regular growth of infant’ while it is in prison.

“The child is with her … so everything that the child needs, all the social service support, all the family support and everything else is provided for the child by the prison,” Superintendent Garde said.

“The prison has set up an area conducive to child care,”  he added.

He further noted that Rodriguez is receiving extraordinary treatment from other inmates while she mothers the child in lockup.

“The mother of the child is treated as a mother during the period that the child is incarcerated. So the treatment is quite different from the regular incarceration.”

Provisions made in law

While this situation may seem strange, the laws of the British Virgin Islands has provisions for such circumstances.

A trip to the territory’s law library reveals Chapter 166 of the Prison Ordinance which effectively says an incarcerated mother is allowed to have her infant remain with her in prison during what is known as the lactating period.

However, only under ‘special circumstances’ allows for the infant to remain past its first birthday. The law also indicates that if necessary, the state is mandated to cover the expenses of both mother and child.

Section 118 of the aforesaid law specifically states: “The child of a woman prisoner may be received into prison with its mother, provided it is at the breast, and any such child so admitted shall not be taken from its mother until the Prison Medical Officer certifies that it is in a fit condition to be removed.”

Further provisions are made in Section 119 of the said law. That section states: “When any child admitted with its mother has attained the age of nine months, the Prison Medical Officer shall report whether it is desirable or necessary that it shall any longer be retained. But, except under special circumstances, no such child shall be kept in prison after it has arrived at the age of 12 months.”

“Any such child while in prison may be supplied, if necessary, with clothing at the public’s expense.”

In the meantime, Rodriguez and two others are charged with the February 2018 murder of Trumayne ‘Passion’ Daway. They are expected to go to trial at the High Court.

READ: Accused woman the ‘honeytrap’ used to lure murder victim, court hears

Copyright 2020 BVI News, Media Expressions Limited. All Rights Reserved. This material may not be published, broadcast, rewritten or distributed.

50 Comments

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  1. EAST says:

    SO…Why our tax money have to house her child? Utter nonsense. I fed and school all of my 3 by myself .. This place is the pitts!

    Like 9
    Dislike 77
    • @East says:

      Because for one she is ON REMAND and she has the presumption of innocence in hwr favour until proven guilty. She has NOT been convicted…at least yet. The child did NOT commit a crime and deserves the best care including uts mother’s breast milk and physical presence even though the mother may have done wrong. I dont mind my tax dollars going to aid the healthy development of an innocent infant child…its all the hard back man up in there who need to do hard labour!!! So pls stop running your mouth…your tax money was wasted on the Pier Park. Ps. I dont know the lady FYI

      Like 114
      Dislike 10
    • @East says:

      You sound really angry and hope that you will shift towards being thankful that you are able to provide and enjoy your 3 kids. This article speaks volumes about the social decline of the BVIs society and right about now we need to focus on fixing us as a people. Real talk

      Like 14
    • north says:

      hope you didn’t throw way 12. It costs money to do that too. The innocent child deserves all that it is getting regardless on who is paying for it.

      Like 27
    • Islander says:

      @east, your worrying about tax money that you don’t get back, it’s helping a new born to stay an be healthy while with mother

      Like 13
      Dislike 1
    • @;; says:

      B***h she’s is in prison she look like she could feed and support any child from in HMP unlike like you who out hear hopefully working a 9-5????

    • Tone deaf says:

      Such incoherent dribble. The woman is on remand. Did you even READ the story?

    • Observant says:

      The dear is not on trial here. It’s innocent and came into this world under a dark cloud, simple as that. Please have a heart.

  2. Dad says:

    Where is the father of the child? Some say he owns apartments and works at a marina in roadtown so he could more than take care of the child,cant he?

    Like 28
    Dislike 11
  3. Wow says:

    This is an extremely unfortunate situation. I hope this unusual start to the child’s life doesn’t have a long term physiological effect…i.e. teasing from friends on the play ground, which could lead to other social problems.

    Like 41
  4. good says:

    A new born needs it’s mother, it is good to be a huge wrench when the child has to leave, but this has to be the best place for the new born, better than the mother being removed from the prison!

    Like 12
    Dislike 3
    • @good says:

      Let her family or the sperm doner man take care of the child. She should have taught about that when she was setting the dude up.

      Like 18
      Dislike 13
  5. food for thought says:

    Not wishing bad on anybody but-
    I wonder how she gonna feel if somebody set up for her child to get killed like — [allegedly] set up and lured my panna passion to his death????

    Like 11
    Dislike 5
  6. God says:

    Trumayne daway could never see his son again never could hug his son again.never could feed his son again,never could teach his son again never could spend time with his son again.. his lil boy always asking for his daddy,never could lift his son again.. and y’all got them people who m—- trumayne daway living life great.. #bullsh-t..y’all evil.. and y’all who think that’s right more evil…

    Like 25
    Dislike 5
    • Choices says:

      Trumayne Daway made a choice – that led to his life being lost. Who is to be blamed for that?

      The innocent baby had no part in all these incidences. Let’s bless him/her so that he lives a good and decent life.

      Like 22
      Dislike 8
      • @choices says:

        When it happen to you you going understand..Trumayne daway mom could never see or hug her son ever again.. and them up in jail living like kings & queen.. h**l you going evil you.. #devil you is..

        Like 3
        Dislike 3
      • @ choice says:

        THIS HAS TO BE THE MOST IGNORANT MORONIC IDIOTIC STATEMENT ON HERE. WHO THE F CHOOSE TO BE SET UP AND KILLED BY SOMEONE YOU THOUGHT LOVED YOU LIKE YOU DID THEM….. EXPLAIN THAT. FUDGING MOOMOO

  7. Evil people says:

    Sad how thus Christian society got so much evil minded people

    Like 23
    Dislike 3
  8. @Evil people says:

    Including You.

    Like 6
    Dislike 3
  9. WOW!!! says:

    @ Evil people … sad how this Christian society got so much evil minded people …

    There are a lot of people who call themselves Christians and are evil to the core … they are so evil that even if you try to find quarter of an
    once of good in them, you wouldn’t find it …

    Like 4
    Dislike 2
  10. VG says:

    Prison is no place for a child…arrangements should’ve been made with family members to keep this child…are we living in a 5th wold country or what?

    Like 6
    Dislike 7
    • Confused says:

      As developed as England our mother country is,they too have mother and babies in prison.it has nothing to do with development it all has to do with human right. The baby has right to be with his/her mother to be breastfed and nurtured.

  11. Giant says:

    Take a life bring a life. AND so the tory go.

  12. Lodger says:

    Some of you forget who else could breast feed the infant. Not the father!

    Like 6
    Dislike 1
  13. unfortunately says:

    unfortunately, this kid cannot pick his/her parents. i feel for this kid.

  14. dfdfdf says:

    Wind, Rain, Shadow, Wood, Sword, Thunder, Power, Sleep,
    Cardcaptors of the Clow,
    Expect the unexpected now.

    The secrets of the Clow,
    Were all a mystery,
    But when this mighty book was opened,
    The powers was set free.

    Cardcaptors, a mystic adventure.
    Cardcaptors, a quest for all time.

    Each card possesses a power of its own,
    We’ve got to find them to bring the power home.

    Wind, Rain, Shadow, Wood, Sword, Thunder, Power, Sleep,
    Cardcaptors of the Clow,
    Expect the unexpected now.

    Cardcaptors, a mystic adventure,
    Cardcaptors, a quest for all time,
    Cardcaptors, Cardcaptors!

    Like 4
    Dislike 1
  15. Feel sorry says:

    I feel sorry for the innocent baby who didnot ask to be bought into a cruel harsh world. Who want to have their child born in prison. It is alleged that the father is also in prison and is connected to the crime. Poor innocent baby.

    Like 1
    Dislike 2
  16. NYC says:

    There are plenty of babies that are living in BedFord Hills Correctional Facility for Women. The Women give birth in prison and they allow the babies to stay for six months with the Mother and if there is no family member to take the baby Untill the Mother complète her sentence, the baby is placed in forster care.

  17. Have U Ever Considered says:

    That the child might receive more love from the prisoners than those who are not imprisoned …

    Like 10
    Dislike 1
  18. Ga says:

    Hmmm the states wasn’t going for it up here you give birth and can’t even smell your child in this case a family member signed for baby so states won’t take her 7

  19. Reincarnated says:

    Tola Tupac!

  20. Confused says:

    It’s a baby,no matter who the mother or father is and what they did. When did we as a community become so heartless. Comeone guys the child is already here,let’s not put all this curses on him.

  21. Lol says:

    Let me know if it up for adaption

    Like 1
    Dislike 1
  22. @ Lol says:

    I’m sure you can’t feed yourself

  23. LCS says:

    Adoption, you mean?

  24. Willy Pilly says:

    Drop um off at the Mariner CS

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