Governor David Pearey, after consulting with the Prerogative of Mercy Committee, announced on Tuesday that he would exercise his powers of clemency and commute the sentence of Richard Baker.

According to the governor, in making his decision he was “particularly conscious:” That Mr. Baker had caught no fish when he was arrested; that Mr. Baker is “the first recent case of illegal fishing leading to a prison sentence;” that he had already served six weeks in prison; and that Premier Ralph O’Neal intends to bring forward amendments to the law “to reduce the hefty sentences for illegal recreational fishing.”

After pleading guilty, Mr. Baker was sent to Balsam Ghut: he was sentenced to three months for illegal entry and nine months for operating an unlicensed and unregistered foreign fishing vessel in territorial waters after he failed pay fines of $1,000 and $45,000 on the respective charges.

“I have never, and will not now, deny that I did what I was accused of … because I did it. It’s very simple,” Mr. Baker said.

Once in prison, Mr. Baker wrote an appeal of his sentence, not his conviction. But his written appeal never reached the court, he said: Although he submitted it with the prison staff on Oct. 1, he found out two weeks ago that it was never sent because someone at the prison “determined it was not in the proper form.”

About two weeks ago, Mr. Baker said, he met with a committee of high level VI and USVI officials. At the meeting, he was able to confirm that an amendment to his appeal — which he had written as soon as he had access to a computer — still had not been submitted to the court.

According to Mr. Baker, after talking to the prisoners he found out that “this is a very common problem: That they submit documents that need to go to the court or elsewhere, and they just don’t go.”

Calls to the prison yesterday were unanswered.

Mr. Baker said that he objected to the sentence on a number of grounds and that it was “totally outrageous.

“We are not commercial fishers. We fish for fun and just go out. … The time we spent on Jost van Dyke when I was working there … no one had licences for anything.”

Despite the unusual situation, however, the governor said he shared the concern of the Prerogative of Mercy Committee about what he termed “a certain belligerence that Richard Baker displayed in court.”

As part of his release, Mr. Richards was required to write a letter of apology to the governor and Senior Magistrate Valerie Stephens. He asked forgiveness from “the people of the BVI for violating our laws and for any inappropriate behaviour exhibited in court,” according to the Governor’s Office.

After paying the $1000 fine for illegal entry, Mr. Baker was released from the prison, and, as of Tuesday, was back on St. Thomas with his common law wife, Deborah Barton.

Although Mr. Baker said he will not likely be visiting the VI again, he wished to emphasize “his respect for the law enforcement, people and for the politicians who were involved. I have nothing but the highest regard for them. I respect and thank every one of them for their involvement,” he said.