Court in quandary over mental report

A snocone vendor who killed  two of his stepchildren but claimed he went mad when it happened, does not want the Court of Appeal to admit into evidence a psychiatrist evaluation report  which conflicts with a psychologist’s  report which is already in evidence. This was the quandary the Court of Appeal found itself in yesterday while dealing with the murder appeal of Cyrus Brathwaite, who was sentenced to hang for the murders of ten-year-old Nicole Burroughs and her 16-month-old sister Keela,  in August 1996, at Cape-de-Ville, Point Fortin. When the matter was  called before Justices Lionel Jones (president), Rolston Nelson and Stanley John, their lordships wanted the opinion of a psychiatrist. At the trial, Braithwaite’s defence was diminished responsibility, and he had called a psychologist in support of that defence. However, the Court had an evaluation report from a psychiatrist but that evidence was not led  at the trial.

At the appeal, their lordships said they  wanted the views of a psychiatrist before hearing the grounds of appeal. However, on further checking the records  it was discovered  that a psychiatrist had seen Braithwaite. Braithwaite’s attorney Gregory Delzin objected to a psychiatrist seeing Braithwaite or to the old report being admitted into evidence. Deputy DPP Carla Brown Antoine said the evidence should be admitted. Delzin said the psychiatrist’s report contradicted the defence’s evidence and therefore the Court should not on its own motion seek to have evidence adduced which would undermine the defence. The Court raised questions as to what constitutes medical evidence, pointing out that in order to establish diminished responsibility medical evidence is required. Both attorneys were asked to file skeleton arguments as to whether the psychologist’s evidence amounted to medical evidence. Brathwaite, alias Brian Alert and “Snocone man,” was sentenced by Justice Melville Baird on December 9, 2002, at the San Fernando Assizes. The matter was adjourned to a date to be fixed.