In spite of all of the brouhaha surrounding the murder charge that has been instituted against former GDF Captain Orwain Sandy, several lawyers agreed that any report proving insanity (after his psychiatric evaluation) would mean that he would no longer have to face a murder trial.
During yesterday’s hearing of the murder charge that was read to the crying man, it is said that he has shown signs that are consistent with a person who needs psychiatric treatment.
As a result, his attorney James Bond made an application before Principal Magistrate Judy Latchman for the accused to go through a psychiatric evaluation which will determine whether he is fit to stand trial.
Based upon the particulars and weight of the application, Magistrate Latchman agreed with the lawyer’s request, and subsequently issued an order for Sandy to go through the evaluation.
The Guyana Guardian understands that the murder trial can no longer proceed until that evaluation is completed, and a report is seen by the court.
While no time frame was affixed, it is understood that an evaluation can take several weeks or even several months, depending on the severity of the case.
Several legal minds have since told this publication that if the two psychiatric evaluation that was ordered for the former soldier should come back in favour of the defense, then the State cannot proceed with any murder trial.
In their view, it would no longer be legally correct to try him for murder. Instead, he would have to be committed to a psychiatric hospital.
According to observers, this would mean that even though he was charged with murder, it currently remains uncertain whether Sandy can or will actually be tried for the alleged murder of his then live-in girlfriend Reona Payne.
“It is a lawful request”, said one attorney, who went on to explain that the psychiatric evaluation of a defendant is a process that is allowed by law, and which the court will have to be guided by.
“It has nothing to do with the lawyer, the magistrate or anything else. It is the law. And the magistrate would not be in a legal position to try him for murder if he is considered to be criminally insane”. he stressed