A man whom Police shot with rubber bullets following a violent stand-off is expected to be detained in a psychiatric hospital.

Senior Magistrate Archibald Warner yesterday detained Stephen Proctor in custody until psychiatric reports are prepared to commit him to St. Brendan's Hospital.

Proctor, 52, admitted behaving in a threatening manner and assaulting Police Sgt. Simon Groves by throwing kerosene at him at Rockywold Drive, Sandys, on January 9.

Police eventually shot Proctor three times with rubber bullets after he threatened them while on the roof of his mother's home.

The court heard that Proctor had a history of assaulting Police and using threatening behaviour stretching back to 1977, but his lawyer Patrick Doherty said his client had only recently been diagnosed as being mentally ill.

During yesterday's hearing senior Crown counsel Vinette Graham-Allen made no mention of Police shooting Proctor, referring only to him being "subdued''.

And she repeatedly tried to prevent Mr. Doherty mentioning the shooting, claiming it was "irrelevant'' because it took place after the assault.

Mr. Doherty retorted: "I don't know why we are having to pretend it didn't happen.'' But Mr. Warner said: "It is not relevant whether he was subdued by the wrath of God or by the wrath of the Police.'' Mr. Doherty said earlier: "He received harmful contact from the Police. He received physical punishment at the hands of the Police.'' Police are continuing an internal investigation to discover if Emergency Response Team officers followed proper procedures when they shot Proctor in what is the first incident of rubber bullets being used in the Force's history.

Outside court Mr. Doherty said that Proctor is still considering his options, which could include suing the Police for assault.

Ms Graham-Allen said Proctor arrived at his mother's home at 9.30 p.m. and started moving his belongings to the front of the house. A confrontation occurred when Proctor spoke to his mother.

"The defendant was brandishing a mallet and shouted several times `I'll take you out right now','' she said.

Police were called and discovered Proctor had several warrants outstanding for unpaid fines.

"Police attempted to persuade the defendant to come out, but he refused and he was still in possession of the mallet,'' said Ms Graham-Allen.

She said Proctor went into the house, hid behind a wall and shouted: "Just f**k off, I'm not going with any f***ing cops. I'll f*** you up, I'll take you out.'' She said he then threw a steel-edged board and a bucket containing a flammable liquid, which splashed on Sgt. Groves.

Proctor shouted that it was kerosene and said "I'll pour it over you. I'll burn you all''.

He tried to escape through a window but was blocked by Police and climbed onto the roof where he continued to be abusive.

Shooting victim At 1.30 a.m. he was "subdued'' by Police and taken to Hamilton Police Station.

Mr. Doherty claimed that although Proctor was hiding behind the wall, he was not causing a problem at that time, but Police aggravated him.

He said Proctor was assaulted in Westgate by other inmates resulting in his spleen being removed.

He was admitted to St. Brendan's after the attack and received medication which had improved his behaviour.

"The concern about further offences would be cured by out-patient treatment.

Further incarceration at Westgate would not do him any good,'' said Mr.

Doherty.

"He has a mental illness but he has never been diagnosed before and this could be controlled by medication. His family is relieved he has been diagnosed and they don't want to put him through any more.'' Ms Graham-Allen said Proctor had a history of similar violent offences dating back to 1977, the last being in 1997, and said he was not a candidate for probation.

She said the maximum sentence for the offences was 12 months each.

Mr. Warner said probation was not suitable for Proctor but made a hospital order, remanding him in custody until reports are prepared.