Another ‘unfit to plead’ accused remanded to Bordelais!

On October 17, 2016 Kieran Johnny, 31, was pronounced the island’s 23rd homicide. Three days later, Ned Modeste was charged with Johnny’s murder. Following a sufficiency hearing, the accused was indicted on October 25, 2017. On Thursday this week, his attorney, Mr. Huggins Nicholas, told the STAR his client had exhibited signs of mental disability and was incoherent and schizophrenic. Huggins had formed the impression the accused may be incapable of fully appreciating the court process.  

The attorney said that in cases such as Modeste’s, the court usually arranged a fitness hearing—which is an inquiry into the mental status of a defendant. In the matter at hand the services of psychiatrist Julius Gaillard had been retained. The doctor had submitted to the court his conclusion that Modeste was unfit to plead. On Thursday Dr. Gaillard testified before Justice Lorraine Williams. It was left to a jury to arrive at a determination as to whether the defendant was fit to stand trial. Finally they agreed with the doctor’s conclusion. 

Modeste was remanded to the “psychiatric unit at the Bordelais Correctional Facility.” Justice Lorraine Williams ordered that he be re-evaluated every six months. The judge is required by law to submit a report to the Chief Justice, whose job it is to determine where Modeste is to be housed. A report detailing Modeste’s mental status is expected by the end of September. The parties are scheduled to return to court on October 15.  

In light of the recent ruling by Justice Godfrey Smith SC—that the state pay over $8,000,000 in damages to two men who had been declared unfit to plead yet were incarcerated for some years at Bordelais Correctional Facility—I asked Nicholas if he had any concerns about his client’s future. He said he was confident Modeste will be protected by the ruling handed down by Justice Williams. “I hope he won’t be forgotten. If we remain diligent he will not fall through the usual cracks in the system and be forgotten. I think the state will be more vigilant after being slapped with that judgment.” 

At press time we were informed by Security Minister Hermangild Francis that there is no psychiatric unit at Bordelais. Individuals determined to be mentally unfit to stand trial are periodically evaluated at the correctional facility by personnel from the Wellness Centre.