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Bid on asylum release

Mere Naleba
Friday, June 06, 2014

SAINT Giles Hospital is liaising with the Legal Aid Commission to secure lawyers to represent 16 patients admitted there under Presidential Orders.

And the fate of these patients lies in the hands of the High Court because the Presidential Orders, recognised in the Mental Illness Treatment Act, are not recognised under the new Mental Health Decree 2010.

The decree does not recognise Presidential Orders anymore, however, states that those that were ordered admittance under the Presidential Orders can be discharged through an order from the High Court of Fiji.

Hospital medical superintendent Dr Peni Biukoto, in a presentation to Taiwanese officials who visited the hospital, said that so far only one of the 16 patients had had his case before the court of law in his quest to be discharged from the hospital.

Apete Kaisau, who admitted to killing Red Cross director John Scott and his partner Gregory Scrivener in 2001, made an application before High Court judge Justice Salesi Temo to be released from the custody of the St Giles Hospital.

Mr Kaisau was never convicted of the two counts of murder on the grounds of insanity.

Former High Court judge Madam Justice Nazhat Shameem, in her judgment on August 6, 2003, had said: "I accept that the accused, who undoubtedly caused the deaths of John Maurice Scott and Gregory Gene Scrivener, did so whilst insane. I, therefore, order pursuant to section 150 of the Criminal Procedure Code that Apete Kaisau to be held in the custody of the St Giles Hospital until such a time as His Excellency, the President, orders his confinement in a place of safe custody."

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