Mentally ill inmates denied release from prison; Judge criticises State for lack of appropriate facilities

The State has come in for sharp criticism from Supreme Court Judge Leighton Pusey over its failure to adequately address the issues faced by inmates suffering from mental disorders.

A special  recommendation was made by the judge for the authorities to adhere to the recommendations of the Mental Health (Offenders) Enquiry Committee Report and put in place penal psychiatric institutions to care for inmates with severe mental illnesses, providing a safe and therapeutic environment.

Applications by the Legal Aid Council  for the Supreme Court to release six inmates with mental disorders, who were unfit to plead, were refused because Pusey found that there were no appropriate accommodations for them. The judge said further that they “could not secure the assistance of any state or private institutions or any family members to aid them in this time of need".

The applications were refused and the inmates, who were originally detained at the governor general's pleasure, were ordered by Pusey to be detained at the Court's pleasure.

“The failure of the State to adequately address the issues faced by mentally disordered inmates may suggest a missed opportunity by the State to better support some of its most vulnerable citizens,” Pusey said.

He also referred to the Mental Health Act, which was designed specifically to address issues concerning citizens with mental disorders and emphasised that the Act had been criticised in the Report of the Mental Health (Offenders) Enquiry Committee for its underutilisation in those circumstances.

“The Mental Health Act confers broad powers on the minister of health and other public officials, which could play a pivotal role in addressing many of the challenges faced by the applicants and similarly situated inmates,” Pusey said.

The circumstances of the inmates were highlighted in the tragic case of  inmate Noel Chambers, 81, who was detained for 40 years because he was unfit to plead in relation to a murder charge. He died at the Tower Street Adult Correctional Facility on January 27, 2020.

Pusey pointed out in the judgment handed down last month that the court had expressed its willingness to consider releasing the applicants under certain conditions as it had done in previous cases. He said several adjournments were granted to the Legal Aid Council, which represented the applicants, to seek appropriate accommodations for them because the correctional facilities were ill-equipped to meet the needs of the applicants.

However, after almost two years of adjournment, Pusey said the court provided one final opportunity for the Council to secure suitable arrangements but “regrettably" despite their efforts and assistance from others, including the Office of the Public Defender, the Legal Aid Council was unable to find appropriate accommodations. The judge said the applicants could not secure the assistance of any state or private institutions or any family members to aid them.

“The Court acknowledges that the issues involved in these cases are sensitive and multifaceted. It emphasises the need for an approach that balances the interests of the applicants and those in the public. Given the circumstances, the Court believes that this approach does not support the unconditional release of the applicants.

 “Although correctional facilities are ill-equipped to meet the needs of the applicants, they offer a more stable environment than releasing them into the unknown without any means of self-care. Such release would perpetuate a cycle of neglect which would significantly deteriorate their mental health and potentially harm society at large,” Pusey held.

The judge said he wanted to make it clear that the Court was not indicating that the conditions in the correctional facilities were good or ideal for the applicants.

“Rather, the Court considers the correctional facilities to be a 'less bad' solution than releasing them without supervision and resources."

Pusey further recommended that there should be enhanced cooperation among the Ministry of Health, Ministry of National Security and other relevant government agencies to create a comprehensive management strategy for mentally disordered inmates.

“The judiciary stands ready, willing and able to assist in creating the legal framework by providing the requisite Orders and supervision for these persons,” the judge said.

Attorneys-at-law Dian Watson and Brian Forsythe, instructed by the Legal Aid Council, represented the inmates.

Rex (Crown) was the  respondent and was represented by Crown Counsel Lenster Lewis-Meade and Ashley Innis, instructed by the Director of Public Prosecutions.

Attorneys-at-law Stefany Ebanks and Rushane Clarke watched proceedings on behalf of the Department of Correctional Services.

- Barbara Gayle

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