A 21-year-old Somali who trashed the reception area of the Floriana Health Centre last month has been placed in care at Mount Carmel Hospital after a court heard that he was experiencing psychosis at the time of the incident.
Abdimalik Ahmed Mohammed had admitted to causing wilful damage to the health centre, slightly injuring Jesmond Mifsud, disturbing the peace and throwing stones at the health centre. He had insisted, however, that he was not mentally sane during the incident.
A medical doctor had previously certified the man as being fit for prosecution but court-appointed psychiatrist David Cassar gave a different picture.
Dr Cassar said the man had had some brushes with the law and, as a consequence, had been kicked out by his flatmates. He has lived on the streets for most of the past seven months. As a result, the man had become frustrated and anxious.
The psychiatrist said the man was also on synthetic cannabinoids and consumed around 4-5 grams a day.
"A week before the incident he started experiencing being followed by persons in the street, persons in cars, persons following him on the bus and also when he was at work. These alleged persons were very short and he believed that they were police officers in plain clothes. He describes also police using small boys and girls to follow him …. He felt as if a drama was taking place around him."
Magistrate Consuelo Scerri Herrera heard that on the day of the incident, Mr Mohamed had also consumed cocaine. He went to the health centre because he could not sleep and, even there, believed he was being followed by undercover officers. "While he clearly remembers this experience within the health centre he cannot describe what happened with regards to the violent incident," the psychiatrist said.
Since the incident the accused has started on antipsychotic medication. He is now mentally stable and not psychotic, however he did suffer from an acute psychotic state on the day of the incident and had probably been in that state for a week. His psychotic state was possibly precipitated and or maintained by his substance abuse.
The court said that, based on the evidence given by Dr Cassar, it believed that the accused was not of sound mind and was not capable of having the necessary mens rea – the intent. Although one would remain legally responsible for any crime committed while under such a state of health, the punishment to be awarded is decreased because of diminished responsibilities at the time of commission.
"From the evidence of the psychiatrist the court feels that two constituent elements of legal responsibility in the commission of a crime – the capacity of intellect and the freedom of the will – were missing," the Magistrate said.
The court ordered that the accused be held at Mount Carmel Hospital and remain there as long as necessary.
Inspector Jeffrey Scicluna prosecuted.
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