By Kemeseng Sanneh (Kexx)
Justice Sidi K. Jobarteh on Wednesday approved an application by Kumba Sinyan’s lawyer for doctors to check the mental health status of her client before she commences her testimony.
Senior Counsel Sagarr Twum made the application seeking court order for the state of Kumba Sinyan’s mental health to be determined by a professional mental health or psychiatric evaluator.
Counsel Twum said she wants this done before Kumba Sinyan begins giving evidence before the court. The lawyer is claiming that she is not mentally stable.
The statement in support of the application stated that on the 14th and 15th April 2024, Counsel Sagarr C.T Twum visited the Mile Two Central Prisons, where Kumba Sinyan was reported to have experienced difficulty in sleeping and showing signs of migraines and dizziness. Subsequently, she was escorted to the prison infirmary by the prison officers for medical attention. She was advised to rest. It stated that the results of the diagnosis revealed that there was potential psychological volatility and signs of post-traumatic stress disorder.
She said the medics recommended psychiatric evaluation by a qualified health professional in addition to the ongoing psycho-social support she is receiving. She stated there is lack of adequate mental health services for the Accused Person at the Mile Two Prisons and a qualified professional.
The statement also known as affidavit further indicated that the psychiatric assessment is necessary to further evaluate and determine Kumba Sinyan’s mental state and whether she’s fit to start her defence in the case, give evidence and further participate in the trial.
The affidavit stated the medical examination or evaluation would help to determine whether she needs any kind of medical treatment and or psychological support and if so, the type of treatment required, where and when the treatment will be administered. Also, she requested confirmation about whether Mile Two is a suitable place of detention for Kumba considering her mental state, general well-being and welfare as well as determine whether Kumba needs special measures to assist her to give evidence and freely participate in the trial.
The affidavit concluded by stressing the relevance of her psychological well-being to the overall trial process asking the court to intervene in the interest of justice.
Counsel Mame Sanyang for the State objected to the application filed by the defence by reminding the court of the order made on the last adjourned date. She submitted that the application by the defence failed to indicate the efforts they took to secure psychological and mental support for the accused.
“They have not made any averment to indicate that they have checked the accused person’s mental status,” she argued.
In her ruling, Justice Sidi K. Jobarteh stated that the application sought was to determine her fitness for trial. When such an application is made, she said it is prudent, in the interest of justice, to approve it to clear any doubts or uncertainties. Justice Jobarteh said the court is not in position to address the claims made without the accused undergoing a medical examination.
Justice Sidi K. Jobarteh granted the application for Kumba’s mental health to be examined.
Justice Jobarteh ordered the accused (KumbaSinyan) to be promptly taken to Edward Francis Small Teaching Hospital to ascertain if she is fit to start her defence. She further ordered the result of the report to be directly submitted to the Court.
The Judge passed an order for the Director of Prisons and the Chief Medical Director of Edward Francis Small Teaching Hospital to be officially informed about the directive of the court.
The case was adjourned to Tuesday, 14 May 2024 at 11 am for the medical result to be produced.
