Transfer of murder suspect to CHC opposed
Assistant Public Defender Robert Torres yesterday asked the Superior Court to stop the Division of Corrections from transferring his client, murder suspect Dwayne M. Sibetang, to the Commonwealth Health Center unless the lone government hospital facility is well secured.
Mr. Sibetang was moved to CHC on May 22, 2000 after he tried to commit suicide by hanging himself at his cell. He remained at the CHC for four days but was later on moved back to DOC.
According to Mr. Torres, maintaining the status quo is not for the best interest of the CNMI nor for Mr. Sibetang. However, he noted that the general public is at risk if he is placed at CHC since it is an unsecured place.
Mr. Sibetang, 28, is charged with first degree murder for the slaying of Chinese nonresident worker Ma Dong Che on March 16, 2000. He is suffering from organic personality disorder caused by a lead pellet embedded in his head when he accidentally fired an airgun and hit his right eye when he was eight years old.
In a motion, Mr. Torres wants the court to order the Department of Public Safety and the Department of Public Health undertake the necessary measures to comply with the Patients’ Rights Act and the Commonwealth Commitment Act which is the appointment of a forensic pyschiatrist within the DOC and even a forensic ward at the prison facility for six to eight patients.
Earlier, the CNMI government has opposed the transfer of Mr. Sibetang to CHC for pyschiatric treatment for security reasons but Mr. Torres maintains that the Patients’ Rights and Criminal Commitment Act entitles the accused prompt pyschiatric care, qualified medical professionals and facility.
Superior Court Judge Timothy Bellas has ruled that Mr. Sibetang be placed under the custody of DOC since CHC is not equipped to handle patients with violent tendencies.
Although the court has found CHC inadequate, Mr. Sibetang was still placed in the hospital which was a violation of an earlier court order. DOC has since then failed to properly monitor Mr. Sibetang and provide documentation while he is under medication.
