Psychiatrist to determine killer’s fate

Psychiatrist Dr Iqbal Ghany will have to determine whether or not convicted killer Dugnath Ramkalawan, who has been diagnosed as schizophrenic, is a threat to society and must remain in prison. This was the order of the Court of Appeal yesterday, after hearing submissions from special prosecutor Dana Seetahal and Ramkalawan’s attorney Kelvin Rattiram concerning Ramkalawan’s mental condition. The accused was charged with murder, but pleaded guilty to the lesser count of manslaughter on the grounds of provocation and was sentenced to 15 years hard labour. Seetahal had suggested, however, he should have been sentenced on the grounds of diminished responsibility.

Speaking as a minister of justice, Seetahal argued there was incontroverted medical evidence that Ramkalawan was an in and out patient of St Ann’s Hospital and had been diagnosed as suffering from schizophrenia since the age of 18. The court, comprising Justices Roger Hamel-Smith, Stanley John and Alan Mendonca, suggested  the matter be referred to the Minister of National Security for consideration under the Mental Health Act. Seetahal suggested that a better course of action would be for their lordships to sentence him to St Ann’s at the court’s pleasure. By doing this, she argued, Ramkalawan would be able to benefit from periodical evaluations — for example, every three years. To do otherwise would mean he would have to spend the entire 15 years locked away.

Seetahal submitted it was the responsibility of the court to oversee people’s progress when they are sent to St Ann’s by the courts. Although there was already a report from Dr Ghany, the court observed that it did not say whether Ramkalawan was still considered a danger to society. In light of this, it asked for further medical examination to determine that issue. Ramkalawan, also called “Crazy,” of Mafeking Village in Mayaro, pleaded guilty to the unlawful killing of Jagdewan Lall on July 26, 1999. The matter was adjourned to a date to be fixed.