High Court reviews power to impose compulsory community treatment order

The High Court in Suva is reviewing Samuela Tawase’s case, questioning whether the Suva Magistrates Court has the legal power to impose a compulsory community treatment order under the Mental Health Act after an accused person is acquitted on mental health grounds.

Tawase, who was discharged on September 2 on charges of sacrilege, throwing stones and damaging property, appeared before Justice Daniel Goundar on Friday for a review of his case.

He was accused of sacrilege at the Samabula Shiv Temple last July but was acquitted in May after the court found he was of unsound mind at the time of the offending.

Justice Goundar directed the prosecution and defence to file written submissions on whether a magistrate can make such an order based on medical recommendations.

Following his acquittal, Magistrate Yogesh Prasad ordered Tawase to remain in the community under compulsory treatment, based on expert evidence from a Saint Giles Psychiatric Hospital doctor.

The court heard that Tawase requires nightly medication and monthly injections and faces a high risk of relapse and possible reoffending if he stops treatment or resumes substance abuse.

Magistrate Prasad said the order was intended to support Tawase’s rehabilitation in the community while ensuring medical and family supervision.

Justice Goundar will hear submissions on the legal issue on September 21.