Judge wants international standards for mentally-ill prisoners

JUSTICE Lisa Ramsumair-Hinds has agreed that the time has come for Trinidad and Tobago to “get with international standards” for treating prisoners with mental illnesses.

She made the acknowledgment at a sentencing review of a La Brea man who pleaded guilty to setting fire to his mother’s house in 2005.

Ramsumair-Hinds is tasked with imposing conditions for Kerry Gour’s release. Already, a private facility in Point Fortin has been identified to facilitate his transition, but she wants to ensure certain conditions can be met before she gives her final decision.

Among the concerns raised is Gour's ability to continue receiving his medication. The judge also wants to ensure the monthly fee of $2,000 to house Gour at the facility will be met.

The judge heard from two officials of the State’s probation department who said they will facilitate monitoring Gour if he is released to the facility. She was also told it was possible for his social assistance grant to be reactivated, which could go towards the monthly fee.

In September, Ramsumair-Hinds sent Gour to the St Ann’s Psychiatric Hospital for a new evaluation and said the prognosis given was “favourable.”

Ramsumair-Hinds said his condition was treatable, but a facility must be found that was the best fit for him, although he told her on Wednesday, he preferred to remain at the St Ann’s Hospital, since he was treated “like family” there and was also given three square meals a day.

While she acknowledged his wish, she said a hospital is not the best place for someone to remain for a long period of time. She also said mental health can be managed and "not everyone who offends must be imprisoned.”

However, she told him, “What I would like to do is heavily dependent on you and you taking your medication,” since she was told a private facility could not mandate someone to do so.

“The State is responsible for you right now, and for some time.”

Gour’s attorney Carolyn Seepersad-Bachan said his particular illness must be monitored and this was one of the issues of concern for the previous judges who handled his case.

“This has happened before. He was released and put in a facility, but there was no consistency in the administration of his medication.”

She said the parties had to ensure there was no risk to society of his reoffending. She said there was evidence from the medical staff that he does well when he takes his medication, adding that he could be made to take it if he were assigned to an outpatient clinic.

She also said there was talk of a policy decision to create outpatient mental health clinics throughout the country as part of the move to shut down the St Ann’s hospital.

The hospital has repeatedly communicated its challenges in housing prisoners with certain dispositions.

Ramsumair-Hinds agreed and adjourned the matter to December 6, to allow attorneys to express their thoughts on the best way forward for Gour.

“Let’s try to get it right. It is an illness and we need to help him with it.”

Gour appeared virtually from the Eastern Correctional Rehabilitation Centre.

Gour is also represented by attorney Saskia Bachan. The State is represented by prosecutor Anju Bhola.