St Ann’s sentence unconstitutional

A PENAL man who was sent to St Ann’s Psychiatric Hospital for observation after he told a Siparia magistrate he wanted to go back living in the bushes, has filed a constitutional motion seeking relief against the magistrate’s decision. Rajnath Bhim, 45, of Rock Road in Penal, had his motion filed at the San Fernando Registry and the matter came up for hearing yesterday before Justice Prakash Moosai in the San Fernando High Court (Civil). Justice Moosai ordered the State and Bhim’s attorneys to submit legal arguments by January 28, on Siparia Magistrate Armina Deonarinesingh’s decision to order Bhim be medically observed at St Ann’s for 14 days, after he appeared before her.

The State yesterday submitted an affidavit filed by Magistrate Deonarinesinh who said she found Bhim’s behaviour abnormal, especially since he could give no explanation to the court as to why he left his home to sleep in the bushes. Bhim took out a protection order (PO) against a relative, and it was while he stood before Deonarinesingh to discuss the PO that the order was made for him to be sent to St Ann’s. In his motion, Bhim claimed that on June 25, 2003, he told Deonarinesingh during a hearing on the PO that he would give the said relative his entire pension of $1,900 per month, which he receives from the State. In her affidavit, the magistrate contends that Bhim insisted he would give the relative the money and continue to sleep in the bushes. The magistrate said she made the order for committal at St Ann’s in accordance with Section 13 of the Mental Health Act. Bhim’s attorneys contend that his committal to St Ann’s for 14 days was unconstitutional and illegal.