On Sibetang case Gov’t appeals to higher court

The Supreme Court is reviewing a government appeal contesting a Superior Court decision ordering the CNMI to build an adequate facility that would cater to persons with mental illness, in the absence of sufficient resources to fund the project.

The prosecution to the Dewayne Sibetang murder case appealed yesterday to the highest court to allow the government to send murder suspect Mr. Sibetang to an off-island facility due to limited forensic facilities available on island.

“We occasionally have somebody like Mr. Sibetang, or someone of the same circumstance, that is so mentally ill that we just acknowledge that we cannot get them the appropriate treatment and protect the community. In these cases, the appropriate thing is to transfer them off-island,” said Asst. Atty. General Jim Benedetto.

The defendant, who is suffering from organic personality disorder caused by a lead pellet embedded in his head, has been charged with first degree murder for the slaying of a Chinese worker last March 2000.

But defense lawyer Robert Torres argued in front of Supreme Court panelists Chief Justice Miguel Demapan, Justice Alexandro Castro, and Justice Pro Temp Juan T. Lizama, that it is high time the government upheld its obligation to comply with established rules mandating the construction of an appropriate mental health facility on island.

“For years, the Commonwealth has neglected its obligations to comply and follow the people’s wishes to have this facility for our people with mental illness,” said the former Public Defender.

Mr. Torres underscored that his client, Mr. Sibetang, is duly covered under the Patients’ Rights Act, a rule that is supposed to protect all people, not just individuals with mental illnesses.

He also cited two other statutes aside from the Patients’ Rights Act such as the Criminal Commitment and Civil Commitment Acts, which were created by previous lawmakers to afford the entire community have access to treatment in specialized facilities.

“We shouldn’t have to ship off our own people to obtain treatment elsewhere. It is our obligation to treat them here in our community. I hope the Supreme Court will have a decision that will support our position and affirm the Superior Court’s decision below,” Mr. Torres told reporters yesterday.

But Mr. Benedetto admitted persons like Mr. Sibetang should not be transported outside the CNMI just because it is inconvenient for the government to treat them locally.

“Eventually we need to have a facility that’s secure and therapeutic,” said the government prosecutor.

He disclosed several options that the government is seriously considering, including revamping the Commonwealth Health Center Psychiatric ward or renovating the Immigration detention facility to make room for patients with severe mental health disorders.

Mr. Benedetto added these plans would require the Legislature to appropriate some funding.
Mr. Torres said the government needs to act swiftly and acquire federal funding if necessary to address the lack of forensic facility on island.