After splitting his time between prison and the St Ann’s Psychiatric Hospital over the past 17 years, a man with a history of mental illness, who admitted to setting fire to his mother’s home, has been freed.
Kerry Gour, of La Brea, was discharged by High Court Judge Lisa Ramsumair-Hinds at the end of his sentence review yesterday.
According to the evidence in the case, Gour was charged for setting his mother’s house on fire on September 11, 2005.
Gour was initially sent to the hospital for a mental health assessment but was later placed on remand after he failed to access the bail he was granted.
Gour remained on remand until he pleaded guilty to the offence before former High Court Judge Anthony Carmona in 2013.
He was then ordered to be committed to the hospital to receive treatment for his schizophrenia.
In assessing the appropriate sentence for Gour based on similar arson cases, Justice Ramsumair-Hinds began with a starting point of three years. Noting that Gour would have spent well in excess of the sentence on remand before his guilty plea, Justice Ramsumair-Hinds discharged him.
Justice Ramsumair-Hinds spent a considerable amount of time explaining why she could not issue an order instructing additional treatment and supervision at the hospital as suggested by prosecutor Danielle Thompson and Gour’s lawyer Carolyn Seepersad-Bachan.
She noted that only the hospital director could make such a decision under the Mental Health Act.
She pointed to the fact that psychiatrist Dr Dominic Nwokolo, of the hospital, had stated that Gour was no longer actively psychotic and did not pose a threat to himself or society.
“Any continued hospitalisation is for the mental health authorities and not the court,” Justice Ramsumair-Hinds said.
She suggested that the limited options available to her to monitor his psychological state demonstrated the need to review the legislation, which was passed in 1975.
“It is quite outdated and does not bring into play any of the contemporary principles on mental health and the criminal justice system,” she said.
Justice Ramsumair-Hinds advised Gour to continue his treatment after being freed.
“If you can wilfully and with certainty say you will smoke weed, you can wilfully and certainly go to an outpatient clinic for treatment,” she said.
“Recognise you have a history that is known to mental health authorities and your relatives. It is up to you not to suffer a relapse or re-offend the law,” she added.
