Man with mental health problems not fit to be tried in rape case

Monday 12 December 2016

Jersey’s Royal Court has concluded a 26-year-old man who has HIV and syphilis, and who thinks his father is Jesus, that he’s JFK and the Beckhams are his parents, is not mentally fit to stand trial for rape.

As the court admits in its findings, the case involving Mr S is unusual.

The main problem facing the court was the prosecution believed the man was fit to stand trial – as did the man himself  - but medical evidence from two experts was contradictory. 

Back in 2011 Mr S was admitted to hospital for 14 days under Mental Health Laws. According to notes made by his GP, "he was obviously unwell, appeared to be psychotic and was possibly hearing voices." The doctor went on to say Mr S was "smiling and nodding… and standing on one leg’. His friends were worried about him and claimed he’d been taking ‘magic mushrooms’ and cannabis.

In June 2013 Mr S tested positive for HIV and syphilis.

The offences – one of sodomy and one of indecent assault – were alleged to have happened on 6^th January 2015. Mr S later appeared in the Magistrate’s Court, pleaded not guilty, and was released on bail.

In August he went to the Viscount’s Department unannounced to collect his passport which he’d been forced to surrender under the terms of his bail conditions. His bizarre and abusive behaviour prompted them to call the police and he was taken to Accident and Emergency for observation.

According to the court whilst he was at A&E CCTV footage showed him pacing around the room, taking off his jacket leaving him bare chested, and later lying on the floor and taking off his trousers and underwear exposing himself to people in the waiting area. It was thought this might have been prompted by drug taking, but tests failed to find anything.

In October 2015 he was remanded in prison. Whilst he was there he told staff "my dad made the world, my dad is Jesus and this air is massively corrupted." He also denied the existence of HIV, Hepatitis B or C, claiming they "were creations to enable others to rape children", and that he had been "beaten up and raped at the Magistrate’s Court."

When Mr S was assessed by another doctor he noted: ‘He states he is JFK and his parents are the Beckhams, that his father lives in New Jersey in the USA and that he wants to go and see him and that he wants me to get his American passport for him. He feels persecuted and that we are out to get him. On asking if he hears voices, he said “you don’t need to know”. I have found him firmly unfit for interview.’

Two doctors – Dr Ho and Dr Bruno – were asked to examine Mr S to decide if he was fit to stand trial. Dr Ho concluded that although Mr S’s actions were bizarre they were not caused by a clinically recognised condition making him unfit to plea. But Dr Bruno disagreed. She concluded his actions may have been prompted by an inflammation of the brain caused by HIV. Drug taking was less likely because, with the exception of the incident in 2011, he’d never tested positive. His bizarre behaviour also continued in prison when he had no access to drugs.

In coming to its conclusion the court noted ‘it is of course possible for a defendant to fake conduct of the type described… However, this seems very unlikely in the present case since his advocate informed the court the defendant considered that he was fit to plead and did not wish to be found unfit.’

The court’s decision: "...the defendant was suffering from unsoundness of mind which meant he lacked the capacity to participate effectively in the prosecution against him", and that he should be detained "during Her Majesty’s pleasure."