Judge rules for ‘insane’ killers

TWO “insane” killers, who have been detained at the President’s Pleasure for the past 18 years, have won their constitutional motions. George Noreiga and Edmund Funrose will now be entitled to an assessment of their medical attention — something which can eventually lead to their release from custody. Justice Humphrey Stollmeyer, in a 35-page judgment, ruled that the failure to assess the condition of the two prisoners for a period of 18 years was a breach of their right not to suffer arbitrary detention. The judge ordered the State to carry out an immediate assessment of the mental condition of the two prisoners, and a review carried out thereafter in order to determine whether they should be released from prison. He also called on the executive and the legislature to review the law relating to the incarceration of insane prisoners. Mark Seepersad appeared for Noreiga, while Gerald Ramdeen represented Funrose.

State attorneys Joy Balkaran and Neil Byam represented the Attorney General. The judge also ordered the State to pay costs to the two prisoners. Noreiga, 49, was found guilty but insane on July 29 1986, and ordered that he be detained at the President’s Pleasure under Section 67 of the Criminal Procedure Act. The President was informed, but he made no order as to the manner in which Noreiga was to be dealt with. Noreiga appealed against his conviction, but this was dismissed in 1988. He was then incarcerated at Carrera Island Prison until 1993, when he was transferred to the Golden Grove State Prison. One year later, he was promoted to the status of a “trusted prisoner” and in 2002 he was recommended for a Presidential Pardon. Justice Stollmeyer pointed out that Noreiga “had never been seen by a psychiatrist, never undergone any form of psychiatric or psychological treatment, never undergone any form of assessment to determine whether he is a danger to himself or the public and indeed, has never left the State Prison for any of these, or any other purpose during the entire period of his incarceration.” The judge noted there was just one exception.

Noreiga was seen by Dr Iqbal Ghany on December 16 2003 at the request of his attorneys, not the court. Justice Stollmeyer said he was given no reason why no Presidential Order was made, nor why Noreiga had suffered incarceration in the form that he had. “No affidavit has been filed on behalf of the respondent (Attorney General) and there has been nothing short of a deafening silence from that quarter,” the judge noted. Funrose was found guilty but insane on two counts of murder on October 27 1986. He now occupies a cell at the Maximum Security Prison at Arouca. Unlike Noreiga, Funrose visited St Ann’s Hospital on one occasion during his incarceration. Apart from this, Funrose has not undergone any psychiatric evaluation. Without wishing to be seen in any way interfering with the discretion of the President as regards the terms of any order, Justice Stollmeyer suggested guidelines for the future.

The judge recommended the initial assessment of the prisoner should be carried out within 14 days of his incarceration. If that person is not released then, another review should be carried out within the next six months. Justice Stollmeyer believes the Hospital Psychiatric Director should recommend that the prisoner be transferred to a hospital if he is not already there. He feels that any further review should be carried out by a Board of Tribunal appointed by the President. The judge said at such reviews, the prisoner should be given the opportunity to put forward such representations as he may require in writing, in person, or by a legal representative. Justice Stollmeyer feels there is no need for a prisoner to be confined in a hospital unless the trial judge thinks it appropriate at the time when the special verdict is returned by the jury. “Where an assessment should take place will depend on the circumstances of the particular case. It need not necessarily be at a hospital,” the judge declared.