Jurors gave verdict in contradiction of psychiatrist’s findings – murder accused remanded to await trial by another jury

A MIXED jury empanelled at the Demerara High Court, yesterday, to determine a verdict in keeping  with a  psychiatrist’s report, that murder accused Sherwin Anthony Hyles  was a schizophrenia and was therefore unfit to stand trial, returned a verdict that the accused was fit to stand trial.

As a consequence of the verdict which contradicted the expert’s report, trial judge Justice  Dawn Gregory  could do no more than discharge the jury and remand the accused to prison for further treatment and to await trial by another jury, who will be expected to agree with the expert  that the sick prisoner is unfit to stand  trial.
Expert psychiatrist Dr. Bhiro Harry, who graduated from the University  of Havana with a M.D. and became a  First Degree Specialist in  Psychiatry and head  of the Department  of Psychiatry at the Georgetown Public Hospital, had  told the court that he  had interviewed the prisoner at the request of   prosecutors  Renita Singh and Diana Kaulesar who had requested an evaluation of Sherwin Anthony Hyles.
The accused was not asked to plead.  The doctor’s report was read to the jury and  they were told that in keeping  with  the law,  they were expected to listen to the report and conclude  whether  they considered that the accused  was under  a  disability that prevented him facing trial and  giving  directions to his lawyer.
In the report, the doctor had determined that the prisoner did not understand clearly the charge against him and  did  not have the ability to aid  his attorney in his own defence.  According to Dr Harry, his considered opinion  was that the murder accused was  suffering from paranoid schizophrenia  and was not fit to stand trial at this  point in time.
“There is potential for restoration to competency within one year, with compliance of an appropriate treatment regime,” Dr Harry added.
The psychiatrist, in his report, also stated,“I have worked in the field  of psychiatry  from 1983 to date,  that is  for more than  25  years.  I have seen more than  10, 000  patients with  diagnoses  throughout the neurotic and psychotic  spectrum.
“Evaluation of prisoners by the psychiatrist is usually done in the prison, or in the Georgetown  Public Hospital . Records of the interview, mental status  examination, physical examination, where applicable,  and the treatment  plan is  kept in the location where the  prisoner is seen.
“Mr.  Hyles was cooperative today. In the past he was mostly hostile and uncooperative and had refused to see the doctor and take treatment on  several occasions.
“He gave his name as Sherwin Anthony Hyles, Stephen Boston and and Keion Hyles.  He stated his date of birth as the 14th November, 1978.   He said that he is originally from 72 Prince William Street, Plaisance.  But went on to live at Lot 16, Pere Street, Kitty.   He explained that he lived in France for a while where he had a mental condition and was told that he was suffering from schizophrenia, and he was  given injections.  He stated that he used to have direct communication with satellites and was told that was madness. He explained that he does not get that type of communication now but he has problems with his eyes, it is a confusing world where the left eye is to steal from him and his right eye is to blind him from anything.
“His purpose on earth is to be the Chief of the Army so that his voice can be heard.
“He said that he had hung himself at his home and they brought him here to be charged. He recalls the incident where the deceased was stabbed by him with a bottle, he gives a disjointed, difficult-to- understand account of the circumstances surrounding the incident.
“When asked what his response would be now if faced with a similar challenge, he said that his eyesight is tampered with in a split second, or at a glance, and anything can happen in a given setting.
“He has a problem with identity; he does not have his true identity because there is an artistic problem.
“His speech was clear but disjointed.  His affect (feeling or emotion) was blunted and inappropriate at times, for example when he spoke about inflicting  wounds  to the neck of the deceased and seeing the blood,  he laughed.  The prisoner is still psychotic.  He is unpredictable.
“He continues to refuse the more appropriate treatment for his present state, however, he is taking some amount of medicine by mouth. He is suffering from paranoid schizophrenia.
“We would not be able to control this type of  patient in the hospital setting  as we do not have the necessary conditions.
“The prisoner does not understand clearly the charge against him and does not have the ability to aid his attorney in his own defence.  As such, it is my considered  opinion  that he is not fit to stand trial at this  point in time, but there is potential  for restoration to competency within one year with compliance of an appropriate treatment regime,” Psychiatrist Dr. Harry concluded.

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