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Judge mulls what to do with mentally ill sex attacker

Chief Justice Richard Ground has requested further assistance in sentencing a 25-year-old mentally ill man for sexually attacking a five-year-old girl.Justice Ground adjourned the sentencing of Merrick Seaman, of Park Hill, Warwick, who suffers from schizophrenia and other mental illnesses.A jury had earlier found Seaman guilty of two counts of sexual exploitation of a young person. The court heard how Seaman had preyed on the young girl, who was lagging behind while playing with her cousin and sister.Doctors at the Mid-Atlantic Wellness Institute (MWI) said in written statements they “could do no more” for Seaman, who had been diagnosed with mental health issues at just five years old.He carried out the sex attack in July last year even though he was not showing any psychotic symptoms and had been stabilised with medication.Prosecutor Kristy-Ann Keillor said Seaman should receive “an immediate custodial sentence” because of the “nature and seriousness” of the offence.But defence lawyer Ken Savoury argued that the needs of his client would not be met at Westgate.Justice Ground said “it’s a difficult one”, adding that he wanted to seek further information from MWI doctors before deciding on a sentence.He said: “I consider this a very serious offence and Mr Seaman is facing a considerable enforced incarceration.“The question is whether that will be at Westgate or some other secure unit.“I can’t make a hospital order until I am satisfied that hospital facilities are available for him.”Sending Seaman to a UK hospital for treatment is an option, but Justice Ground said it would require Government permission and medical evidence showing it would be beneficial.Ms Keillor said the MWI report had been “a very telling and appropriate submission”. She said: “Hospital is not appropriate … he is not treatable it seems.“There have been attempts to rehabilitate and medicate him for the last 20 years, but all attempts have been unsuccessful.”Ms Keillor also talked about the “stress and distress” of the victim and the long-term effects of the attack. The jury had heard earlier that DNA from saliva found on the girl’s underwear and private parts matched Seaman’s DNA.Ms Keillor said: “This girl was a very, very young age and she was targeted because she was unlikely to put up any real struggle. It was very clearly planned.“He must have been aware of the implications of this crime. He has continued with his highly-sexualised behaviour over the years and seems to have a fixation on the young.“This defendant remains a high risk of reoffending as long as he’s sexually capable.”The maximum prison sentence for crimes similar to this is 20 years and Ms Keillor suggested Seaman should be given a five- to ten-year jail sentence.Ms Keillor said: “Thankfully cases like this are rare in Bermuda, but the seriousness has to be taken into account. The sentencing has to deter others who seek to target children.”But Mr Savoury said Seaman had “three volumes of case notes” having first been seen by a psychiatrist when he was five years old because he was aggressive, disruptive and hyperactive.As a teenager he was said to show signs of sexually inappropriate behaviour and was suspended from school on several occasions.Seaman was placed in the “highest category of residential treatment” on a number of occasions in North America and was prescribed “very powerful” psychotic drugs.The court heard that Seaman had also undergone three separate two-week residential stays at MWI. At the time of the sex attack, Seaman had a treatment plan and continued to meet with his caseworker as a day patient.Mr Savoury said Seaman continued to have a fixation with weapons, threatening to kill himself and his family members. It was also said that Seaman “laughs and giggles inappropriately”.He added: “It is quite clear that he has a serious mental disorder. He can’t safely function in mainstream society, he can’t function outside of residential treatment.“Westgate is not suitable for a person with Mr Seaman’s mental disorder. He needs a facility where his needs can be met and Westgate is not that facility.“I shudder to think what would happen if you impose a custodial sentence then release him into the community.”Mr Savoury said Seaman, who has been in custody for ten months, told him inmates were against him and he would be “jumped” if he stayed at Westgate. During that time Seaman’s family, who are said to be fearful of him, have only visited him once.Mr Savoury suggested that Seaman should return to MWI “with the intention of being transferred to a UK hospital”.He said: “I am at a loss as to why MWI is putting their hands in the air and saying ‘don’t send him to us, we don’t want him’.“They are clearly trying to wash their hands of him. But they are the only institution in Bermuda who can assist by taking full responsibility for him.”Throughout the one-and-a-half hour sentencing discussions, Seaman sat in the dock in his orange prison clothes. He sat with his hands on his knees and stared out in front of him.Seaman was remanded in custody for mention at the arraignments session on July 1.