THE High Court in Suva has initiated a review into whether the law permits a magistrate to issue community-based treatment orders under the Mental Health Act based on medical recommendations.
The matter involving Samuela Tawase was called today before Justice Daniel Goundar for first call.
Justice Goundar directed both the prosecution and defence to file written submissions regarding a magistrate’s powers to impose such treatment orders.
Tawase, who was accused of attacking the Samabula Shiv Temple in July last year, was acquitted in May after the court found he was of unsound mind at the time of the offending.
Following his acquittal, Magistrate Yogesh Prasad released Tawase into the community under a compulsory community treatment order. The order followed expert testimony from a Saint Giles Hospital doctor who outlined Tawase’s ongoing mental health needs.
The court had heard that Tawase requires nightly medication and monthly injections to manage his condition, with doctors warning of a high risk of relapse and potential reoffending if he resumes substance abuse or defaults on his treatment.
Under the terms set by the Magistrates Court, Tawase was placed under family supervision to ensure compliance with his monthly clinical reviews, nightly medication, and a strict ban on alcohol and illicit drugs, including marijuana.
Magistrate Prasad had noted that the compulsory community treatment was intended to facilitate Tawase’s rehabilitation in the community while maintaining strict medical and family oversight.
Justice Goundar will hear the case on September 21.
