BASSETERRE, St. Kitts – THE Federation’s inability to properly house individuals with mental illnesses, who pose possible threats to themselves and society, was highlighted during a sentencing hearing that took place yesterday (Mar. 11).
At the Basseterre High Court of Justice, His Lordship Justice Francis Belle presided over the sentencing hearing of Mekel Clarke, the 24-year-old Challengers resident who killed Ernest Emmanuel Weekes, a fellow villager.
Clarke, since the September 2009 Criminal Assizes, pleaded not guilty to the murder charge which was listed on the indictment and later pleaded guilty to a lesser charge of “manslaughter”. His Lordship had ordered that psychiatric and social inquiry reports be compiled so as to give the court insight into Clarke’s mental state and her upbringing.
The mitigation process began yesterday with the authors of the reports explaining specific sections of the documents with the general consensus that Clarke suffers from some degree of mental retardation.
Karen Brownbill, the counsellor who attended to Clarke since being on remand up until February 2010, told the court that from her observations the convicted woman is at times very distant, stares for long periods, is easily distracted, bursts into spontaneous laughter, constantly interrupts others when they are speaking and she doesn’t appear to be able to control her own impulses.
She also explained that Clarke is the victim of “social injury”, which could manifest itself in the form of aggression and even violence.
Brownbill, the psychiatrist and the probation officer stated in their reports that Clarke displayed cognizance of what she did and the consequences for her actions. They, however, stated that she expressed the situation in which she was progressed into an uncomfortable and difficult one.
One report suggested that, according to Clarke, she was asleep in the victim’s home and awoke to find that she was in a sexual situation. It was also explained in one of the reports that she wanted to leave but was not permitted to do so.
Brownbill told the court that Clarke suffered “social injury” from her childhood through to adulthood. She said persons bearing socially inflicted wounds tend to manifest them through aggression and violence.
In forwarding her mitigating arguments, defence counsel Angela Inniss explained that Clarke passed through the Federation’s education system and, even after her situation was realised, she was never assigned or referred to the social welfare system.
Inniss listed the salient points in the case as being Clark’s voluntary disclosure of a statement to the police and her mother’s disclosure of a statement also to the lawmen, in which she explained that she had reason to approach the deceased and beseech him not to interfere with her daughter.
She said all parties involved are faced with some degree of hardship with this particular case, including what should be done with Clarke. To be placed behind bars, she further explained, would be asking the staff at her Majesty’s Prison to house a mental patient when the facilities there are inappropriate.
His Lordship said he understands the points presented in mitigation but they, to some extend, suggest that Clarke should be imprisoned as there is no other facility to house such an individual.
He further stated that since Clarke’s statement is the only evidence he has of what transpired, which lead to Weekes’ death, he would have to give her “the benefit of the doubt” on the facts of the case.
Clarke was sentenced to serve 18 months at Her Majesty’s Prison. However, His Lordship explained that this is just to give Inniss, Clarke’s family and others some time to prepare themselves to ensure that the convicted woman is given the medical and social care and attention she needs to be a productive member of society.
