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Senior Magistrate repeats criticism about care for mentally ill defendants

Senior Magistrate Archibald Warner

A Mid Atlantic Wellness Institute outpatient who admitted using threatening words to his mother and the police was jailed for five months in Magistrates’ Court yesterday.Paul Williams, 33, admitted using threatening words while demanding money at the residential care facility in Southampton operated by his mother on December 29 last year.When his mother refused he became aggressive prompting her to call the police, when they arrived he threatened her again and also threatening the attending officers.The case prompted Senior Magistrate Archibald Warner to express concern over the court’s limited power under the law to deal with defendants who are mentally.Said Mr Warner: “It’s an age-old problem of having no facility to treat defendants who are mentally ill.”Mr Warner further lamented the fact that the courts have no power to provide or order proper care for Williams, or other mentally ill patients like him.The last time Williams appeared in Magistrates’ Court in December, Mr Warner ordered a Social Inquiry Report, a Psychiatric Report, a Psychological Report and a Bermuda Assessment and Referral Centre Report.The court heard that the psychological experts agreed that Williams has “serious mental disorders” that need to managed by supervised medication.Once again, Mr Warner expressed concern that there is no facility in Bermuda where the defendant could be supervised and medicated as required.Crown Counsel Cindy Clarke recommended a five month prison term to be followed by probation for two years.She noted that the maximum penalty was six months imprisonment.Mr Warner accepted the recommendation and ordered that Williams “be afforded all psychological and psychiatric help” while incarcerated.He also ordered that while on probation Williams be placed on “any and all rehabilitative programmes”.Williams who interrupted the proceedings on more than one occasion had threatened to kill his mother when she refused to give him money.The court had heard previously that he became aggressive and agitated. When Williams was arrested, he tried to kick his mother and said he was going to kill her.His mother appeared in court yesterday to say that her son was in need of drug treatment and despite his condition, “all he needed was drug treatment”.Mr Warner explained that unlike her, he had a duty not to exhibit emotion “like a mother” and sentenced the defendant to five months imprisonment to be followed by a period of two years probation.He noted that the “court has limited sentencing powers” in cases like this, but under the circumstances he recommended that the defendant be afforded “all psychiatric help that is available after imprisonment”.