Less than a week after being released from the St Ann's Psychiatric Hospital, after a 15-day stay there, accounting assistant Cheryl Miller will appear before Justice Vasheist Kokaram this morning in her continuing habeas corpus writ. Presiding at a special sitting of the High Court last Friday, Kokaram issued an interim order for Miller's conditional release from the hospital.
Kokaram's order came after hearing several hours of legal arguments on behalf of Miller's family and the hospital's administration. As part of Kokaram's ruling, Miller was ordered to be interviewed by an independent psychiatrist, whose report was to be filed in the High Court registry by yesterday afternoon.
Miller, an employee of the Ministry of Gender, Youth and Child Development, was released into the care of her family later that evening. She was reportedly taken against her wishes by medical officers from her desk at the ministry's office, Tower D, International Waterfront Complex, Wrightson Road, on March 21.
Her detainment at the hands of mental-health officers prompted immediate protest from her relatives and concerned co-workers, which led to today's continuing habeas corpus litigation. Immediately after Miller's release, Health Minister Dr Fuad Khan announced that he would meet with medical staff and ministry officials to discuss the matter on Monday.
When contacted yesterday for comment on the outcome of the meeting, Khan declined, citing the legal ramifications of discussing the case, which is still before the courts. "Due to the legal matters in the case and the court orders being issued, I'm advised not to comment on my Monday meeting at this time," Khan said.
Miller's attorneys Stanley Marcus, SC, and Fitzgerald Hinds contend that her detention was unlawful and lacked proper medical justification. However, attorney Vasheist Maharaj, who is representing the interests of Dr Ian Hypolite, the medical chief of staff at the hospital, submitted that she was detained under Section 15 of the Mental Health Act.
Maharaj argued that Miller had a medical condition and it was in her best interest and the public interest that she be treated at the hospital. Her attorneys opposed this submission. The matter continues at 10 am today in the Port-of-Spain High Court.