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'It was illegal for him to be there'

Lorenzo Prince Robinson

A mentally-ill Westgate inmate was being illegally kept in a segregation cell instead of a hospital cell at the time of his apparent suicide, it has been alleged.

Lawyer Narinder Dosanjh, who represented Lorenzo Robinson in efforts to secure suitable treatment, also described his detention at Westgate as a breach of his human rights.

She told this newspaper she believes there are cameras in the type of segregation cell in which he was being kept, with the lights kept on 24 hours a day.

Robinson, 28, who suffered from paranoid schizophrenia and depression, was found hanged in his cell on July 13. He reportedly tied a sheet to a ceiling fixture and bound his hands behind his back.

The authorities have remained tight-lipped on the circumstances of the death and have refused to state whether or not Robinson was on suicide watch or comment on what type of cell he was in.

He had been battling for six years to secure the specialist treatment that experts said he needed, having been incarcerated in Westgate after stabbing an American tourist in the back with a six-inch blade on Front Street in 2002.

Robinson claimed to have acted after hearing the voice of Osama bin Laden, and was acquitted of attempted murder in October 2004 on the grounds that he was criminally insane. The jury was told that no suitable psychiatric facility was available to house him in Bermuda. Dr. Frank Kelly, honorary senior lecturer at the Royal College of Psychiatrists in England, said Robinson would not be given adequate care in a prison and that segregating him in a locked cell would be "detrimental to his health".

Instead, he suggested that Robinson would benefit most from a "forensic psychiatric unit" such as the special high-security hospital Broadmoor in the UK. After the verdict, an advisory committee convened by the then Governor, Sir John Vereker, recommended in early 2005 that Robinson be treated and housed at Westgate in cells designated as hospital cells under the Mental Health Act.

The committee said clinical treatment should be provided at the Mid-Atlantic Wellness Institute for the mentally ill until a suitable secure unit for Robinson's long-term care was established at Westgate.

Three years later, after waiting in vain for this specialist unit to be established, he appealed to Chief Justice Richard Ground, represented by Ms Dosanjh.The top judge agreed he needed specialist care, but said this was a political decision in which he could not interfere.

MsDosanjh said yesterday:"The law states that Lorenzo was to be detained in a hospital. He was chronically mentally ill.

"We all know what a hospital is. Instead of putting Lorenzo in a hospital the Minister designated seven cells at Westgate to be hospitals although they were no different from regular cells.

"I am told that Lorenzo died in a segregation cell in the punishment block this cell was not one of the seven designated hospital cells, it was illegal for him to be there.

"The use of Westgate's punishment blocks for any inmate should be strictly controlled and systematically monitored."It was inappropriate for Lorenzo to be there at all."

She further alleged:"Lorenzo was sent to the punishment block on several occasions, he was even sent there for going on hunger strike.

"I believe there are cameras in those segregation cells, Lorenzo told me that is why the lights stay on 24 hours a day. He was allowed outside of the cell for 30 minutes per day.

"In my view, Lorenzo's detention at Westgate was in breach of his human rights and I made this submission to the court during Lorenzo's Judicial Review hearing in January. The Bermuda Constitution says 'No person shall be subjected to torture or to inhuman or degrading treatment or punishment'."

And she pointed out:"There are other men up there (at Westgate) who are psychiatrically ill. If a forensic unit existed it would not have been just for Lorenzo.

"Her colleague at Christopher Francis Forrest law firm, Elizabeth Christopher, has already called for a public inquiry into the case to ensure the future welfare of other mentally ill inmates as has his most recent lawyer, Llewellyn Peniston of Peniston and Associates.

Neither the Government nor Government House have stated whether this will happen, although it has been announced that the Police are preparing a file for the Coroner and an inquest will be held in due course.

Government House said this week:"It would be wrong to comment on the facts of this sad case while the Police are still putting together the papers for the Coroner but, like others, Government House are anxious to see as early an inquest as possible to resolve the questions which are naturally being asked."

Government has declined comment for the same reason.