By Alric Lindsay
The Honourable Justice Richards issued a special verdict in the Grand Court today, October 8, 2024, that Akeme Dominick Burke, a Jamaican man, is not guilty of aggravated burglary and indecent assault because of insanity. Unless Her Excellency the Governor exercises powers otherwise, Burke will remain in the Cayman Islands to receive treatment at the George Town hospital. This is because Cayman’s mental health facility, Poinciana, is unavailable.
Background
The background of the first incident is that on June 1, 2023, Burke entered a woman’s bedroom “as a trespasser with intent to commit rape, and the time of doing so, having his possession of an offensive weapon.”
Burke was charged under section 244(1) of the Penal Code for this offence.
This states:
A person who commits any burglary and at the same time has with the person any firearm or imitation firearm, any offensive weapon or any explosive commits the offence of aggravated burglary and is liable to imprisonment for life.
In the case of the second incident on the same date, Burke indecently assaulted the woman by “forcibly placing his penis in her mouth.”
He was charged under section 132(1) of the Penal Code for this offence.
This states: “It is an offence for a person to make an indecent assault on a woman.”
Court appearances
Reportedly, when Burke initially appeared in Court, he entered not guilty pleas to the offences. The issue of his “history of mental illness” also arose at that time (this was a situation which was ongoing from his time at home in Jamaica).
In the circumstances, the Court ordered further reports to determine Burke’s mental state at the time of the incidents.
What had to be considered in Court
As explained in the Court, there were several items that that had to be considered. These were as follows:
- Whether, at the time of the commission of the offence, Burke was suffering from a disease of the mind which gives rise to a defect of reason, such that Burke either (a) did not know the nature and quality of his act, or (b), that it was legally wrong.
- Whether the facilities contemplated in section 159 of the Criminal Procedure Code are now available, that is, any mental hospital for the reception of criminally insane persons, there to be kept under discharged by order of the government.
Court’s conclusions
After considering the medical and other evidence, the Honourable Justice Richards noted that at the time of the incident, Burke “was not psychiatrically stable and [was] experiencing poor reality testing.”
She added that, at the time of the commission of the offence, Burke “was having a psychotic episode.”
She continued:
He had a distorted view of reality and was acting on his delusional beliefs.
A review of clinical information suggests he was irrational, experienced hallucinations and delusions… and the information reviewed suggests the presence of mental impairment… at the time of incident.
Additionally, Burke was described as having a “pre-existing mental disorder of a paranoid nature which had been untreated for at least several months prior to the incident, which deteriorated shortly after.”
She concluded:
After he arrived in the Cayman Islands, it is likely in his mentally deluded state that he perceived an imminent threat from his neighbours.
This disorganized thought process would affect his ability to process and formulate a rational course of action.
The overwhelming probability is that at the time of the incident he did not know the nature and quality of this act or that he was legally wrong.
Having considered the medical evidence… I am satisfied on this medical evidence that the defendant suffered from a defect by reason of a disease of the mind, such that he did not know the nature and quality of the act he was doing or if he did know it, that he did not know that what he was doing was wrong.
Special verdict
Having satisfied herself with the evidence, the Honourable Justice Richards considered section 158 of the Criminal Procedure Code.
This states:
Special verdict where accused found insane at time of offence charged
158. Where, in any indictment, any act or omission is charged against any person as an offence and it is given in evidence on that person’s trial for that offence that that person was insane so as not to be responsible, according to law, for that person’s actions at the time when the act was done or omission made, then, if it appears to the jury before whom that person is tried that that person did the act or made the omission charged but was insane as aforesaid at the time when that person did or made the same, the jury shall return a special verdict that the accused was not guilty of the act or omission charged against the accused by reason that the accused was insane at the material time.
In the circumstance, the judge handed down a special verdict, finding Burke not guilty of the offences by reason of insanity.
Given Burke’s insanity, the judge considered how Burke would receive treatment since Poinciana, Cayman’s mental health facility, was unavailable.
Regarding this, the judge explained the requirements under section 159 of the Criminal Procedure Code.
This states:
Provision for custody of accused person found insane
159. (1) Where any person is found to be insane before or upon arraignment, in accordance with section 122(2), or a special verdict is found against that person under section 158, the court shall order that person to be conveyed to any hospital or other place for the time being appointed under any law to be a mental hospital or for the reception of criminally insane persons there to be kept until discharged by order of the Governor.
(2) Whenever any such person is sent to any hospital or other place under this section, it shall be lawful for the officers of such hospital or place to exercise the same and powers and authorities for the restraint of such person as can by law be exercised by or are vested in the gaoler or any other officers in respect of persons sentenced to imprisonment.
(3) The Cabinet may, from time to time, issue all necessary orders for the care, control and custody of any such insane person.
Concerning the foregoing, the judge noted that since Cayman’s Poinciana mental health facility was not available, there was no choice but to order Burke to be sent to the George Town Hospital until discharged by an order from the Governor.
