Listing several of the cases, Williams paid particular attention to that of Noel Chambers, who was incarcerated at Tower Street Adult Correctional Centre in February 1980, after he was deemed unfit to plead to a murder charge.
The INDECOM report also listed the case of another inmate who was identified only by his initials “LF”, who has been incarcerated for 19 years, at the governor general's pleasure, for the offences of housebreaking and larceny as well as assault at common law.
In another case, “MB” has been incarcerated for 31 years at the governor general's pleasure for an offence of burglary with intent.
The INDECOM boss argued that the situation of mentally ill people detained in prisons, and in particular those deemed unfit to plead, is a matter which should be concerning to all parties responsible for the care, detention, and safeguarding of citizens in the custody of the State.
The onus should not be on the detainee to apply for this change;
• An examination by the Office of the Director of Public Prosecutions of all the cases for those unfit to plead to determine whether or not there is still a viable prosecution available against these accused individuals;
• Putting systems in place to ensure the timely review of unfit to plead cases, such as the establishment of a review board, to ensure re-enlisting by the court when the inmate may be fit to plead;
• The reinstatement of the forensic psychiatric ward of Bellevue Hospital or the establishment of a similar type of facility to house those deemed unfit to plead.