A mentally-ill man who stabbed a tourist is being kept in unacceptable and sometimes disturbing conditions at Westgate, according to the Chief Justice.

Richard Ground said the Governor must consider sending Lorenzo Prince Robinson overseas as Bermuda does not have a secure psychiatric unit despite its "pressing need".

Robinson, a paranoid schizophrenic, stabbed American Scott Jable in the back with a six inch knife on Front Street in 2002. He claimed to have attacked his victim, a complete stranger, after hearing the voice of Osama Bin Laden. Mr. Jable narrowly avoided paralysis.

A jury found Robinson not guilty of attempted murder on grounds of insanity and he is being held indefinitely at Westgate on the orders of then-Governor Sir John Vereker.

The Governor made the decision to send him to a maximum security cell there after advice from psychiatrists that he is highly dangerous and needs long-term detention and treatment in a secure "forensic" psychiatric facility. No such facility is available at the Mid-Atlantic Wellness Institute.

Robinson took legal action in the Supreme Court against the Minister of Health and the Governor earlier this year, claiming the "hospital cell" in which he is incarcerated at Westgate is unsuitable.

Mr. Justice Ground agreed, and lamented the lack of facilities in Bermuda, saying: "The pressing need for such a unit is well-illustrated by this case, but it is also well known to the courts because of the difficulties encountered in respect of Hospital Orders made in respect of convicted persons with mental illnesses.

"In those cases, persons committed by the courts are often quickly released simply because of the absence of appropriate long-term secure facilities. In Mr. Robinson's case, however, it is accepted by all that he is potentially very dangerous and needs to be kept in a secure facility for the foreseeable future."

However, he also noted: "The allocation of resources is a matter for the political will of the Government of the day and courts will not trespass into such policy areas.

"The court cannot, therefore, order Government to build and maintain a secure psychiatric facility."

Since Robinson has been in Westgate he has stabbed a prison officer who allegedly forced him to take his medication, and has tested positive for cannabis use. He told the Supreme Court that he has been sent to a segregation cell in the punishment block on up to 20 occasions.

In uncontested evidence, he also said he must sleep on bare concrete while on suicide watch, the lights are kept on the segregation cell 24 hours a day, and he is only allowed out for 30 minutes per day.

Mr. Justice Ground condemned the use of these segregation facilities as "perhaps the most disturbing aspect" of his treatment.

Robinson also told the court he has twice been attacked by other inmates and only sees a visiting psychiatrist for ten to fifteen minutes every six weeks.

In making his ruling, the Chief Justice took into account reports from experts including distinguished British psychiatrist Dr. Francis Kelly that the prisoner needs access to a specialist facility.

He said: "While Westgate obviously meets the need to keep Mr. Robinson confined and secure, it is not in any sense a real hospital and the regime that it provides is not appropriate for his treatment needs.

"In particular, it provides nothing in the way of rehabilitation; it forces Mr. Robinson to associate with inappropriate people; it does not have the level of round-the-clock medical surveillance that is required by a person of his level of disturbance; and the segregation regime is wholly unacceptable."

While the Chief Justice could not order that Robinson be sent abroad, he asked that this be considered.

Meanwhile, he instructed that he should remain at Westgate until current Governor Sir Richard Gozney considers the matter further.

Invited to comment on the case, Commissioner of Prisons Edward Lamb said Robinson is currently housed in segregation.

"Clearly, this situation with Robinson points to the need for a forensic unit in Bermuda, as is readily accepted.

"I can confirm that efforts to implement such a unit are well underway," he said.

"I am not inclined to comment on the Chief Justice's judgment other than to say that we are doing the very best we can to manage a difficult situation."

Both he and Government House referred this newspaper to the Ministry of Public Safety for further information.

Minister David Burch was overseas yesterday and a spokesperson was unable to offer comment by press time.