A Supreme Court judge struggled yesterday with the thorny issue of how to sentence a man with the IQ of an eight-year-old who is trapped in the system between St. Brendan?s and Westgate.

A habitual housebreaker with a history of mental illness, Cyril Samuel Tucker, 60, of no fixed abode was found guilty last May of breaking and entering and has been in prison since then.

But yesterday Assistant Justice Archibald Warner expressed his reservations about keeping Tucker at Westgate Correctional Facility.

?There is no doubt he has an extensive record,? Mr. Justice Warner said.

?I believe he needs to be institutionalised, maybe for the rest of his life but not as a criminal at Westgate.

?Reports show he has an IQ of 60 which is the mental capability of an eight-year-old.?

Victoria Pearman represented Tucker and told the Court: ?There is no doubt he has an extensive medical history.

?He has been in custody since May and that is a real injustice.?

Mr. Justice Warner told the Court that St. Brendan?s was not interested in taking Tucker and that he has been kicked out in the past.

?Since 1975 he has been involved with St. Brendan?s but they do want him anymore.

?But, I will not use Westgate as a warehouse for people with mental health problems. Bermuda needs to create a place to deal with people like Mr. Tucker.?

Mr. Justice Warner said he felt Tucker should not have been to Supreme Court.

?The lower courts should not have sent Mr. Tucker to Supreme Court to use its power to lock him up,? he said. ?This court is not equipped to have the power to deal with it.?

Ms Pearman said: ?This court has the power to order St. Brendan?s to take him.?

Mr. Justice Warner replied: ?Yes, but it is clear they don?t want to deal with him. He is not suffering from a psychiatric problem they can deal with.?

The maximum penalty for Tucker?s crime is seven years which Mr. Justice Warner questioned: ?Seven years for attempting to breaking and entering??

?He was convicted of the full offence because his hand entered the house,? Crown counsel Shakira Dill told the Court.

Ms Pearman reminded the Court that he has been in prison since last May but Ms Dill said: ?If you can not send him to St. Brendan?s then I do not know where else.?

Mr. Justice Warner brought up probation as a possibility but questioned whether or not he would comply.

?There is a problem with dealing with mental health issues in Bermuda,? he said. ?He is not in a position to comply to other orders.?

Mr. Justice Warner decided against St. Brendan?s requests not to admit Tucker and committed him to the hospital.

?I order Section 33 of the Mental Health Act,? he said.