State concedes: President ordered no treatment for prisoner

STATE attorney Joy Balkaran conceded yesterday that the President of Trinidad and Tobago ordered no treatment for insane wife-killer George Noreiga who has been in the State prison for the past 18 years. Balkaran accepted that the President did not conform with the requirements of Section 68 of the Criminal Procedure Act. Section 68 states: “The court shall as soon as practicable, report the finding of the jury and the detention of the person to the President who shall order the person to be dealt with as a mentally ill person in accordance with the laws governing the care and treatment of such persons or in any other manner he may think necessary.’’

Noreiga, 48, was arrested and charged on February 9, 1983, with the murder of his wife Allison Garcia-Noreiga in Moruga. He was found guilty but insane before Justice Ivol Blackman in the San Fernando High Court in 1986. He spent eight years at Carrera Island Prison. From 1993 to the present, he has been kept at the Golden Grove State Prison. Noreiga filed a constitutional motion in which he is seeking certain declarations including an order for him to be released forthwith. The motion is being heard before Justice Humphrey Stollmeyer in the Port-of-Spain Second Civil Court. Attorneys Mark Seepersad and Gerald Ramdeen are representing Noreiga. Hearing resumes on Monday. When the matter resumed yesterday, Stollmeyer pointed out that according to Balkaran’s skeletal submissions, the judiciary wrote to the President on May 13, 1988 with respect to Noreiga’s detention. ‘‘The President replied, but where is the evidence?’’ Justice Stollmeyer asked.

The judge said the motion was filed on September 11, 2003 and was called at least six times before the hearing began. He turned to Balkaran and said, ‘‘I appreciate that you may be suffering certain constraints in presenting this matter. Somebody, somewhere has to get up and pay attention. For whatever reason, none of this has been put before me,’’ the judge added. Justice Stollmeyer then enquired whether the President acted in accordance with Section 68 of the Act. “If no order was made under Section 68, it would seem to me that there isn’t much to be said by the respondents (State).’’

BALKARAN: I absolutely agree with that.

JUDGE: Would a Section 68 order find its way in the Court of Appeal file? How is this thing done? How is the President informed?

BALKARAN: Once the President is informed of the detention, the judiciary writes to the President. The President writes and asks for the instruments.

JUDGE: Did you have access to Mr Noreiga’s file? Was there any order in that file?

BALKARAN: No, that wasn’t found at all.

JUDGE: Were any enquiries made to any other sources about this report?

BALKARAN: Yes, Presid-ent’s Office. The President was informed of this matter that no Presidential Order was made. We have received no confirmation that there was an Order.

JUDGE: What about the prison file? Does the prison file state how he came to be in prison?

BALKARAN: That he was found guilty but insane and ordered to be detained at the President’s Pleasure.

JUDGE: Are we proceeding on the basis that no Section 68 order was made?

BALKARAN: I am conceding that no such order was made.

JUDGE: I take it that you or your instructing attorney have been afforded the opportunity to inspect the file? Is there anything in that file that can assist us in matters such as reviews of Mr Noreiga’s condition?

BALKARAN: There may be documents in that file which go to matters such as Mr Noreiga’s position — his health, and review of his status.

JUDGE: It seems to be that this file should be subject of an examination. I am hearing that at sometime on Monday, when we will be in court listening to your submissions, one or more prison officers will sit down with somebody and go through this file.

BALKARAN: It is not a voluminous file, it is very thin.

JUDGE: It is a thin file, after 18 years? Was there a written response from the President?

BALKARAN: I have been informed that the Ministry of Health and the Ministry of National Security have decided to take certain actions.

Stollmeyer then enquired about Noreiga’s file. Balkaran later informed the court that the file would be available within two hours. But during a brief recess, a prison officer turned up with the file. The judge then gave the State an opportunity to meet with the relevant prison officers in an effort to filing an affidavit in court by Monday.