A Samoan man, in Polynesia, has spent almost five extra years in prison because neither he nor the competent authorities realized that his two sentences should have been served simultaneously , not consecutively.

Sio Agafili , 45, should have been released in December 2015, but remained in jail until a judge discovered the error when he appeared in court on another matter, 'The Guardian' reported.

In an interview with the newspaper 'Samoa Observer', Agafili -father of three children- assured that they never communicated to him the maximum duration of his prison sentence. "No one told me when my jail sentence will end. I lost count of the days [behind bars]. I don't remember much about when I should be away, I just know I had to serve my time," he said.

Agafili was originally convicted of robbery and theft in November 2008, and sentenced to seven years in prison. In December 2008, he was convicted on other charges and sentenced to five years in prison. Both sentences should have been served simultaneously and should have been released in December 2015.

The mistake was warned by Leiataualesa Supreme Court Judge Daryl Clarke last week, before Agafili's appearance for an assault allegedly committed during a mass escape from Tanumalala prison, where he was being held.

Police admitted that he was being illegally detained, and Agafili was released on bail . He spent an additional four years and eight months in prison. Muriel Lui, Agafili's lawyer, told RNZ Pacific that she was discussing her legal options with him, and that a claim for compensation was likely.

"His right to freedom, according to article 6 of our constitution, has definitely been violated. So we will demand compensation, " said his lawyer, Muriel Lui . The lawyer added that he was concerned that other Samoan prisoners might be similarly incarcerated, beyond their prison terms.

Samoa's prison system has been constantly criticized for violations of rights, corruption and administrative incompetence. In March this year, the prison service was dissolved entirely, and its commissioner, Taito Edward Winterstein , retired after a series of prisoner escapes.

In a report last year, the Samoan ombudsman found that prison staff were untrained, while prisons were overcrowded, lacked basic facilities like running water, and children were found to be incarcerated with adults.

According to the criteria of The Trust Project

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