A decision was made behind closed doors to gag the press from revealing which inmate at La Moye is refusing food.
But neither the court nor either counsel will speak on the record and reveal under what section of the law the media cannot name the individual or the reasons behind the Royal Court’s decision.The press were not notified of Friday’s special court hearing, which was held in private because it involved delicate evidence from doctors surrounding the mental state of the individual.But having delivered its judgment and determining the prisoner is ‘mentally competent’, the court is still blocking the media from identifying the man.In his judgment released this morning, Deputy Bailiff Michael Birt, who presided over the case with Jurats Tibbo and Allo, says: ‘The hearing was in private on the grounds that it involved evidence from medical practitioners as to the mental state of an individual and was therefore similar to applications for the appointment of a curator, which are always held in private.’Furthermore, similar cases in England appear generally to have protected the identity of the individual concerned,’ he adds.But in the conclusions of the judgment the court rules the individual is ‘mentally competent’, which should therefore allow the prisoner to be named.Following an application from the Attorney General’s office, Mr Birt and the Royal Court sat to discuss whether the inmate at La Moye could be force-fed.
Solicitor General Stéphanie Nicolle, QC, acted for the Crown and Advocate Rebecca Juste represented the individual.The prisoner, who is 53 years old and has been segregated at his own request, is on a hunger strike while he waits to be dealt with for a violent crime.Prison governor Mike Kirby confirmed the prisoner was refusing food and would be taken to hospital if his condition deteriorated, to see if he would accept medical treatment for his failing health.
He added that the man was not ‘making a statement or protesting’ but intended to end his life.Although a judgment was given during the private court sitting, a reasoned judgment – which outlines the details of the court’s decision – was released this morning.
It still does not include the identity of prisoner.
