Doctors in emergency legal bid to save suspected drug mule’s life

Monday 05 February 2018

A “drugs mule terrified of a gang”, and believed to be carrying cocaine internally, nearly lost her life after refusing medical treatment over fears for her family’s safety.

Her decision divided local medical professionals, leading them to make an emergency appearance before the Royal Court on 29 November.

Recently published court documents show that the 57-year-old – known only as Ms A – was stopped by Customs as she entered the island. A search revealed cling film on her vagina, which tested positive for cocaine.

It was thought “highly likely” that Ms A was concealing cocaine internally, and she was subsequently taken to hospital over fears that any hidden package might leak and enter her bloodstream, potentially killing her. 

When she got to hospital, however, she refused any form of physical examination – a decision accepted by doctors at this stage, as she was still judged to be capable of consenting. 

But this changed when she started showing symptoms of the drugs potentially leaking. 

She collapsed, and was later found to have a heart rate of over 100 beats per minute – above the norm for resting adults – and high blood pressure, putting her at risk of a heart attack.

Multiple medical professionals assessed her health, including several physicians, a psychiatrist and a social worker. 

Pictured: The emergency capacity case was heard "at no notice" in the Royal Court at 19:30 on a Wednesday night.

A social worker said to be an “expert” in capacity assessments recalled seeing the woman lying in her hospital bed shivering and doubled over in pain. She tried to communicate with her, but at this stage reported how the woman could barely meet her gaze, with her “eyes closed for much of the time.” 

Through various assessments it emerged that Ms A was fearful for the consequences for her large family of nearly 20 children and grandchildren if she were to accept medical intervention, but that she hoped to be able to spend Christmas with them. 

With professionals split over how to proceed, the matter was brought to the Royal Court under emergency circumstances at 19:30.

So urgent was the matter that the Deputy Bailiff Tim Le Cocq QC and Jurats Nicolle and Pitman, sat in the Royal Court at “no notice” and without papers before them. 

Representing the woman, Advocate Blackmore suggested that there was insufficient evidence to suggest she was concealing cocaine internally, and that her decision not to be examined – either via x-ray, CT scan or invasive surgery – should be respected. 

But another physician suggested that her ability to accept or decline treatment was over-ridden by fear. She hadn’t said this herself, but was reported to have nodded when asked if she worried for the safety of herself and her family.

The Court concluded that Ms A was not in a position to decide what was best for herself, and therefore could not decide on her own medical fate. 

In his judgement, the Deputy Bailiff commented: “In our view there are extraordinary circumstances in this case, with an individual at perceived risk of catastrophic consequences should she be carrying cocaine internally and should that cocaine leak.  The understanding… [is] that she was a drugs mule terrified of a drugs gang…  Accordingly we make a declaration that Ms A does not have capacity to make decisions relating to any investigation and treatment relating to the potential internal concealment of unlawful drugs.” 

He thanked the medical professionals involved in handling what he branded a “difficult balancing exercise.”

Upon learning of the judgement, Ms A agreed to be examined.