EDITORIAL

Finding a Place for the Mentally Unwell

Thursday, May 6, 2004

This week, a high-profile money-laundering trial commenced requiring the use of the video conferencing capabilities of the Kirk House courtroom. Four prisoners in the United States have been asked to testify and they will be able to do so, because of advanced technology, without extradition.

With the complicated financial schemes that often occur in Grand Cayman (as the recent Parmalat scandal reinforces), it is praiseworthy to see that the Government has mirrored the financial world’s technological capabilities in order to better prosecute the purveyors of financial impropriety.

It is this type of modernity that is now necessary to begin dealing with criminals found mentally ill in Grand Court. No case better highlights this need than the recent case of a teenager who was found unfit to plead to the charges of robbery.

In February of 2003, this teenager was charged with robbery after an incident. When the case made its way to Grand Court, a jury heard that the teen had been tested and discovered to possess the mental age of a six-year-old. Upon hearing this, the jury returned its verdict that the teen was unfit not only to stand trial, but also unfit to plead to the charges.

As the case unfolded, it was made evident that a defendant found unfit to plead to charges must be placed in an institution. Lawyers and those associated with the case found themselves wondering what to do with the accused. The common path to Northward Prison was discussed, but found inappropriately designed and staffed for such an inmate.

The prosecution at the time suggested the new psychiatric unit at the hospital, which was to open (and did) in late 2003, as a possible place for the teen. The prosecution showed gracious care and concern for the teen’s well being by suggesting that the case could be delayed until a suitable environment for the boy could be secured, with no objection from the Crown’s Council. The defence had insisted upon this from the day the jury reached its verdict.

In this case, at least, an alternative to Northward Prison was secured, with the patient work of the attorneys involved. The teen was placed in a short-term programme where early success has been reported to the courts. However, the time will soon expire for the teen in this programme.

A noted psychiatrist in Grand Cayman recently extended praise to the Government’s efforts to open the short-term psychiatric unit at the George Town Hospital. Here, mentally ill patients can receive the necessary care for as long as a month.

If sent by the courts, the patients can receive care and then return to Northward Prison with frequent monitoring from a mental health professional. The psychiatrist noted that the benefits are already being seen. Previously, those convicted with mental issues were sometimes placed in police lock-up, or were sent to Jamaica for long-term care, which only exacerbated their conditions

At the same time, the psychiatrist went on to stress the hopes of social workers, psychiatrists, and legal advocates for the mentally unwell. The main hope of these communities is a long-term psychiatric facility with a trained staff. A unit such as this can allow the mentally unwell to receive medical attention for their illnesses, which would serve the court’s goals of preventing recidivism and improving the lot of both the individual and greater society.

The community of caregivers understands this endeavour will take time, but we applaud them for their commitment and hope that Government will begin the planning process soon for a much-needed long-term residential psychiatric facility.

Back...

Click here for reader comments...