Kenrick Forbes v Attorney General of the Turks and Caicos Islands and The Director of Public Prosecutions (CL 94 of 2018) [2020] TCASC 19 (7 February 2020)

Constitutional Interpretation
Case summary
Summons dismissed. An expert witness has an obligation to demonstrate a sense of independence and objectivity in her evaluation and was being impartial when she concluded that the Applicant is fit to plea (para 20-21); see Kenneally v De Puy International [2016] 1 IEHC 728 (dicta of Barton J, para 42, APPLIED). The Lunatics Ordinance has no application to these proceedings and in any event, that piece of legislation was repealed pursuant to section 68 of the Mental Health Ordinance 2016 (para 25). There is no evidence before the court that the Applicant is suffering from a mental illness. The court did not accept the evidence of the Applicant’s father to the effect that the Applicant suffers from mental illness from childhood as there was no medical evidence before the court to support that conclusion. Provided that the Psychiatrist’s recommendations are followed to the letter, the Applicant’s treatment while on remand is not inhuman or degrading (paras 28, 38); see Keenan v the United Kingdom Application No 27229/95, European Court of Human Rights (CONSIDERED); Holomiov v Moldova Application No 30649/2005, European Court of Human Rights (CONSIDERED).

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