By LAMECH JOHNSON
Tribune Staff Reporter
A MAN awaiting trial concerning the rape of a 17-year-old American girl in San Salvador will undergo further psychiatric evaluation after alleging that the court’s previous order was not carried out.
Henry Gay, 43, appeared before Senior Justice Stephen Isaacs yesterday concerning an arrest warrant issued for him in December after he failed to appear for a status hearing in his case that is scheduled to start on February 27.
Gay, of Cockburn Town, San Salvador, is alleged to have had sexual contact with the teen without her consent on Easter Monday, April 21, 2014.
The girl was riding her bicycle in the area of the Cockburn Town dock around 10am when a man emerged from the bushes, forcing her to perform oral sex on him despite her pleas not to rape her, it is alleged.
The girl was flown to New Providence for medical evaluation shortly after the incident.
Gay made his first Supreme Court appearance on July 4, 2015 when he pleaded not guilty to the rape charge. He was eventually released on bail after spending more than half a year in custody while on remand.
Gay’s lawyer, Michael Kemp, addressed the court concerning the issue of contempt.
“I was wondering if the court would bear in mind that he’s in no position to (answer to) contempt because of his mental state, if the court would grant an adjournment because the question will arise whether Mr Gay fully appreciates the context of these proceedings,” Mr Kemp said.
“He’s been living from pillar to post. It’s a term of his bail condition that he remains in Nassau,” the lawyer added.
Senior Justice Isaacs called the brother of the accused, Samuel Gay, forward to inquire if his relative needed to be medically examined.
“I personally feel it would be in his best interests to be examined,” the accused’s brother said.
The judge also asked attorney Cordell Frazier if the Crown would object but none was offered.
Senior Justice Isaacs granted the order for the accused to be examined by a psychiatrist before his return to court on March 15.
However, this did not appear to sit well with the accused.
“Can I go to the hospital in the daytime?” Gay asked.
“You’ll be examined on remand,” the judge clarified.
“So I have to go to jail?” the accused asked. The judge said yes, indicating that the arrest warrant had taken effect.
“I don’t think that’s necessary,” Gay said.
When asked by the judge to explain, the accused claimed that he was attacked during his time in prison.
“Some guy attacked me from behind and stabbed me several times. Prison officers didn’t do anything about it,” he alleged.
Mr Kemp questioned whether it would be more prudent for his client to be detained at the Sandilands Rehabilitation Centre or the prison hospital if the court was not in a position to make an order concerning the former.
Gay then claimed that a similar order had been made in the past, but was not carried out.
“They send me to Sandilands just days before I was to come to court,” he claimed.
“I’ll make an order that you be kept in the prison hospital for your examination and I’ll follow up on it,” Senior Justice Isaacs said before adjourning the matter.
At Gay’s formal arraignment before then Senior Justice Jon Isaacs in July 2014, the court was informed that he has suffered from schizophrenia and that a letter from a doctor at the Public Hospitals Authority (PHA) indicated this.
However, the judge ordered a psychiatric report to be presented to the court on August 27, 2014. On that date, the Crown asked for an extension for the report to be produced.
Gay’s lawyer submitted at the time that he did not think that another four weeks was needed given that the information previously given to the court originated from the PHA itself.
He said if an extension were being given, his client should be given bail.
However, the judge said he was not of the opinion that bail should be granted as Gay “may pose a risk to the society ... until I am satisfied that this is not the case.”
In October of that year, the court denied bail to Gay in the interest of the public.