42 years without trial

The Jamaican Supreme Court has ordered that a mentally ill man who languished in prison for nearly 42 years without facing a trial for murder should be “temporarily” released to family members under strict conditions.

His name and the names of the family members who will be responsible for him have not been made public because of the “circumstances of the case” and to give him “an equitable chance” of reintegration into society, the court explained.

The mentally ill man was detained “at the governor general’s pleasure” on October 13, 1982, after he was arrested and charged for murder, but was found unfit to plea based on medical information presented in court at the time.

A recent psychiatry report confirmed that he is schizophrenic, but said he “shows no sign nor has a history of violence during his detention”, according to court records seen by The Gleaner.

It noted, however, that he needs medication and assistance with daily activities and that he was still not fit to plea.

In November 2022, attorneys Dian Watson and Brian Forsythe, from the Legal Aid Council, filed an application in the Supreme Court requesting his unconditional release or that he be released on parole with conditions.

Other cases

Similar applications filed by the council on behalf of 13 other mentally ill detainees charged with serious crimes are pending in the Supreme Court, authorities confirmed on Friday.

They have been adjourned to allow for suitable arrangements to be made to facilitate their return to society, chief prosecutor Paula Llewellyn disclosed.

Watson and Forsythe indicated, as part of the grounds for their application, that the mentally ill man had “grown old and frail during his detention and no longer poses a threat to the society”.

“The applicant has been in custody for 42 years and has been sufficiently punished for his crimes,” they argued in their application to the court.

Justice Leighton Pusey, in his decision which was handed down last month, said he does not “take the view” that mentally disordered defendants should be released unconditionally.

Instead, Pusey said after reviewing several reports filed in support of the application, he believes certain conditions should be imposed to ensure that detainees with mental disorders do not become a danger to themselves and the public upon their release.

“The court is tasked with safeguarding the well-being of the applicant, being a vulnerable individual, to guarantee that he receives proper care and is not abandoned in destitution on the streets,” the judge said in his ruling.

He ordered that the mentally ill man be temporarily released to two family members under the supervision of the Commissioner of Corrections or his nominee and must reside in Clarendon.

The commissioner of corrections heads the Department of Correctional Services.

The two family members will be responsible for ensuring that the mentally ill man receives proper care and that his medication is provided and administered.

They are also mandated to ensure that he has medical visits every two months to ensure that he gets medical treatment for as long as is required.

Pusey ordered, too, that the commissioner of corrections must arrange for him to be visited at this place of residence by an officer once every four months in the first year after his release to ensure compliance.

A report must be provided to the Registrar of the Supreme Court after each visit.

Any breach of the order must be reported to the court in writing “without delay”, Pusey said, adding that the commissioner of corrections is tasked with ensuring proper enforcement of the court-ordered conditions.

The Office of the Director of Public Prosecutions (ODPP), which was named as a respondent to the application, took no issue with the orders.

“The Crown has been advocating that if they are to be released, they need to be released into the care of someone or we need to find a suitable place for them… so that they are not released haphazardly,” said Assistant Director of Public Prosecutions Lenster Lewis-Meade, who represented the ODPP, along with Crown counsel Ashley Innis.

The case provides a roadmap for the treatment of hundreds of mentally ill defendants languishing in deplorable prison conditions “at the court’s pleasure”, legal experts suggested.

Prison officials estimated in 2020 that approximately 300 mentally challenged people in conflict with the law were being housed at three penal institutions, with close to half of them listed as “awaiting trial”.

Llewellyn, the director of public prosecutions (DPP), disclosed that Lewis-Meade and Innis have been tapped as her “points of contact” to handle similar applications that are before the court.

The DPP is the constitutionally appointed authority that has conduct of all criminal prosecutions in Jamaica.

“The unfortunate and unforeseen consequences in respect of them falling through within the cracks in the system have been so far-reaching and so inimical to the public interest that I took the decision to appoint a very small unit … that is available to the Supreme Court,” Llewellyn said.

The plight of mentally ill defendants being held at the court’s pleasure first came to national attention following the death of Noel Chambers, an 81-year-old man who spent 40 years in prison without a trial.

At the time of his death at the Tower Street Adult Correctional Centre in January 2020, “his clothing was filthy, and his body showed evidence of chronic emaciation, a report by the Independent Commission of Investigations (INDECOM) revealed.

INDECOM is a commission of Parliament which is mandated by law to provide oversight of the security forces and correctional officers.

The report also highlighted the case of George Williams, another mentally ill man who was incarcerated for 50 years – or his entire adult working life – awaiting a murder trial before his release in 2020.

livern.barrett@gleanerjm.com