THE High Court has set aside the orders releasing a man found not guilty of sacrilege by reason of unsoundness of mind and has committed him instead to St Giles Hospital for compulsory confinement.
Justice Daniel Goundar delivered the revision judgment yesterday, ruling that Magistrate Yogesh Prasad lacked legal authority to release Samuela Tawase into the community under compulsory treatment conditions.
Tawase was charged with sacrilege and damaging property after entering a temple on July 4, 2025, and damaging articles of worship while suffering an acute psychotic relapse linked to schizophrenia.
While the magistrate recorded a special verdict of not guilty due to unsoundness of mind, he subsequently ordered Tawase’s release into his uncle’s care under strict community treatment conditions.
Justice Goundar ruled that Section 105(2) of the Criminal Procedure Act 2009 mandatorily requires institutional confinement in a mental hospital or prison, holding that ordinary residence with relatives does not constitute “safe custody”.
He said magistrates cannot directly impose community-treatment orders, which strictly fall under the authority of medical professionals under the Mental Health Act 2010.
Substituting the magistrate’s decision, Justice Goundar committed Tawase to St Giles Hospital for clinical assessment, care, and legal management.
