Law is failing mentally ill - businessman
A local businessman is irate that a man with psychiatric problems is still out on the streets after he says he attacked a store cashier with a cash register on Monday night.
John Casling, owner of Buds, Beans and Books on Front Street, yesterday said he backed Magistrate Carlisle Greaves' call for a review of the laws pertaining to perpetrators with psychiatric problems.
He said he has dealt with the man on several occasions and that in the latest incident the man caused $5,000 worth of damage and almost killed one of his employees.
"He nearly killed a girl,'' Mr. Casling told The Royal Gazette.
`'If he remains on the streets he will kill someone. He's attempted it and it's only by the grace of God that he didn't hit the staff member in the head or she wouldn't be around today.''
Mr. Casling explained that the man regularly harassed the store's employees, and had assaulted a boy earlier this year.
`'The girls at the store are terrified of him. He tells them `I'm going to kill you' and uses profanity. And earlier this year he threw a 14-year-old boy 12 feet into a rack.''
He said the present laws prevented Police officers from arresting the man.
`'Because the Police didn't see him they can't arrest him under the Mental Health Act because they would have to witness his irrational and mental behaviour," he said.
`'It's not the Police's fault. They are working within the parameter of the law.''
He said the man was charged with wilful damage and would remain a menace to the public until the matter was brought before the courts.
Mr. Casling said he had to make a statement, which Police must then pass on to a judge, after which the man would be summoned to appear in court to answer the charge.
`'He'll be on the streets for at least another month. Someone should be able to say that his behaviour warrants us taking him off the streets and having him re-evaluated until he can go to court,'' he said.
`'It's not fair to have to be subjected to him. I'm sorry that he's sick, but there is a place for sick people and he should be there.''
Mr. Casling said the restriction of the law endangered the whole community.
`'There is a major problem with the system and I'm incensed because it doesn't protect the average person in Bermuda.
`'St. Brendan's is overcrowded and they keep releasing lunatics onto the street. Everyone is sick to death of working with a system that isn't working.''
Shadow Health Minister Kim Young said she felt that a round table discussion, as called for by Mr. Greaves on the issue, is necessary.
She said it was especially important to look at developing programmes, such as those that are set out for drug offenders, for those with mental health issues.
Ms Young added that both the illness and the crime must be dealt with to prevent crimes from reoccurring.
`'If we deal with them differently, we could help the perpetrators of some crimes. The community would be better protected and we could reduce recidivism in Westgate,'' she said.
In a letter sent to Home Affairs Minister Paula Cox in February, Ms Young cited the case of a psychotic young man who would beat up his mother when he did not take his medicine.
`'In prison this young man was managed well by a psychiatrist but upon release he would ... discontinue his medication because he thought he was better and didn't like the side effects of the medication (slight tremors of the hands).
`'The recidivism rate of this young man and others like him who have psychiatric illnesses such as schizophrenia, bipolar disorders and major depression, would be eliminated with a change of policy regarding `'sectioning''," Ms Young's letter read.
Ms Young said such a move involved human rights issues and reviewing and amending the Mental Health Act.
Last week, Mr. Greaves told The Royal Gazette that under present laws, magistrates have limited powers when dealing with mentally ill criminals.
He suggested that a meeting, of court professionals, psychiatric and psychological experts, and politicians, be held to discuss solutions to the problem.
