Man with memory syndrome applies to have restraining order lifted

Monday 05 November 2018

A 57-year-old man who couldn't remember grabbing a teenage boy by the throat, has applied to have a restraining order against him lifted over concerns that his chronic memory problem prevents him from obeying the order.

Archibald Ferguson McLean suffers from Korsakoff syndrome, a memory disorder caused by severe vitamin B1 deficiency, sometimes due to alcohol abuse.

He appeared in the Royal Court to ask that a 12-month restraining order imposed against him in May be lifted.

The order was handed down by the Bailiff to provide "additional protection" for the 16-year-old victim of his assault, in which he jumped onto the boy's legs and grabbed him around the neck. When the police arrived shortly after the incident, McLean had no recollection of what had happened. Upon his arrest, he had asked: "I assaulted who?" 

Facing one charge of common assault, one of conduct likely to breach the peace and one of obstructing a police officer by refusing a lawful order, McLean was eventually sentenced to time served after 110 days in custody. 

Pictured: Advocate James Bell represented McLean.

McLean was warned that if he breached his restraining order, he could face a two-year prison sentence. The Court heard that McLean had been charged with three breaches of his restraining order in early June as he visited the teen's home and rang the buzzer.

Royal Court Commissioner Sir Michael Birt told Court that two detailed psychiatric reports had shown that McLean's ability to participate in court proceedings was impaired because his chronic drinking problem had affected his memory to a severe extent.

McLean appeared in Court on Wednesday, with Advocate James Bell arguing on his behalf that the restraining order against him should be lifted.

He said that McLean's memory syndrome meant that he is not able to "think and reflect on the restraining order" or retain information long enough to obey it. He added that McLean wasn't even aware of his own memory issues, and that police officers that arrested McLean at the victim's house doubted his ability to understand that he wasn’t supposed to be there. 

He warned the Court that, should the restraining order be maintained, McLean would likely breach it again, repeating a cycle of custody and court hearings. "Mr McLean lacks insight into his circumstances which reduces his decision making," Advocate Bell said. "He is not able to appreciate the consequences of his behaviour," he said.

Advocate Bell later added: "It would be better and simpler to release him from the proceedings without any order."

However, Sir Michael Birt reminded him that the order had been made in order to protect the victim. He said that before making any decisions, the teen would have to be consulted. Crown Advocate Richard Pedley had said previously that he did not want McLean to come round to his house. 

The Court will make a decision on the restraining order next week.