A SAD INDICTMENT ON BERMUDA

A Supreme Court judge yesterday launched a scathing attack on what she
termed Bermuda's inability to successfully treat and rehabilitate
drug-addicted criminals.

Puisne Judge Charles-Etta Simmons suggested offenders' human rights
were being breached because of the inadequacy of the help programmes
available to them.

She spoke out as she separately sentenced two drug addicts for
dishonest behaviour at Supreme Court. "I'm not suggesting that this
doesn't happen elsewhere in the world but I think in Bermuda in 2006
we could do better," she said.

"It's just such a sad indictment on this country.

"It seems to me that provision should be made for these people to go
abroad and get the necessary treatment or they need to add on to the
treatments available in Bermuda.

"More and more people are coming before the courts where there are
insufficient treatments for them. It's a problem that the court can't
resolve. It all has to come from somewhere else.

"We should have Amnesty International and every other human rights
organisation raining down on us."

The first defendant before Mrs. Justice Simmons was Mark Morris, 34,
of Middle Road, Southampton, a drug addict who had earlier admitted 25
charges, including defrauding his employer Morris Figueiredo and his
aunt

Barbara Simon by stealing cheques.

The offences of theft, fraud and making false documents took place
between June and August 2002. Morris stole three Bank of Butterfield
cheques totalling $1,200 from Mr. Figueiredo plus property worth $1,
215. He took Bank of Bermuda cheques totalling $1,050 from his aunt.

Mrs. Justice Simmons said he needed a long-term residential drug
treatment programme but that no such programme was available to him
in Bermuda.

"He needs help and I'm not in a position to give him effective help,"
she said. "The programmes don't exist. The position I'm being put in
here is to provide a sentence that will be inadequate to meet his
needs. The sentence is going to fail him in as far as rehabilitation
is concerned.

"That means this society has failed Mr. Morris and people like Mr.
Morris because the programmes are not available.

"He would best be served in a residential treatment facility. This is
a shame; it's a darn right shame."

Prosecutor Cindy Clarke agreed with the judge. "We do not have the
facilities available to best treat Mr. Morris," she said.

"The Crown is in a difficult position. I really am at a loss as to how
to advise. I don't envy your ladyship's position."

Sentencing Morris to a one-year jail term, suspended for two years,
and a two-year probation order, Mrs. Justice Simmons told him: "The
best programmes that are available for the adequate treatment of your
problems and for your rehabilitation are not presently available in
Bermuda."

Later, sentencing Robert Eugene Hewey, 56, of no fixed abode, she
again criticised the lack of drug treatment programmes on the Island.

Hewey, a chronic schizophrenic, admitted possessing a crack pipe and
stealing cash, cigarettes and alcohol.

Mrs. Justice Simmons said her only option was to sentence him to a
year in jail as a probation order would be unsuitable.

The court heard that the Harbour Lights drugs project had no spaces
available for him.

As Hewey had already served six months in Westgate Corrections
Facility he was entitled to immediate release.

Mrs. Justice Simmons said his human rights were being breached because
of the inadequacy of the sentence.

"My concern is society is failing to address Mr. Hewey's problem," she
said. "Mr. Hewey has problems. He needs help and as a reasonable
community we should offer him that help. He has the right to treatment
and we are failing with him. He has a mental health problem."

She added: "I think in the circumstances we are falling down on the
job. I have to say 'we' because legislators don't operate in a vacuum.
They have constituents. They have interested groups that speak to
them. They have individuals that have their ear. I feel that I have to
take this opportunity in this open court to speak to the total lack of
provision for people with problems like that of Mr. Hewey.

"This is an appalling case of a clear failure by the community to
ensure that there are adequate treatment programmes in Bermuda or
elsewhere for the treatment and rehabilitation of this defendant."

Mrs. Justice Simmons said the long-term effect would be more and more
recidivism by drug-addicted offenders.

"It will not be long before we are stepping over their prostrate
bodies as we walk through the City of Hamilton." Wayne Perinchief,
Minister of Drug Control, admitted last night that the Island did have
a shortage of places on residential drug-treatment programmes and said
Government was looking to expand the residential facility Camp Spirit.

He also said the Government supported an idea put forward by
Bermudians Against Narcotics last week to introduce a
"spiritually-based" drug treatment programme from the US.

But Mr. Perinchief did not accept that the right kind of programmes
were not available in Bermuda or that human rights were being breached.

"I'm not a constitutional human rights lawyer but I dare say that
self-inflicted drug abuse doesn't to me appear to be a human rights
infringement. As regards treatment, I don't think it's a right."

He added that the real issue which the Government had to address to
counter recidivism was stopping drugs being available in prison. "We
are aware that there are some habitual drug addicts who continually
re-offend and I believe that one of their problems is that when they
attend prison they still have access to drugs. We haven't been able to
shut off their access to drugs."