AN EXTRACT FROM THE PSYCHIATRISTS
REPORT ON MAURICE KIRK.
"Paragraph 36. I have been
asked to give my mind to the issue as to whether or not Maurice Kirk
is fit to plead and stand trial. Maurice Kirk clearly understands the
nature of the charge and the significance of the plea. However, due
to Maurice Kirk's mental disorder described above, specifically his
brain damage and its relationship to self awareness, judgement, decision
making, self regulation of behaviour and control of emotions, combined
with difficulty in organising and sequencing information, his inability
to filter out relevant information and his problems with attention and
concentration, his overwhelming perception of himself as being a victim
of persecution by the system, all of which are clearly evident in discussions
with him concerning the alleged offence, he appears unable to address
a specific legal and technical area of law necessary to appropriately
conduct his defence."
"Paragraph 37. Should Maurice
Kirk be legally represented in court, I would consider him a fit person
to stand trial as a legal representation would be able to focus on the
relevant features.
"Paragraph 38. Maurice Kirk's
current clinical presentation is clearly causing major problems for
the criminal justice system, though is not of a nature and degree to
warrant compulsory treatment. He would, however, benefit from continued
contact with mental health services to both monitor his condition and
attempt to establish a relationship which would allow other treatment
avenues to be explored.
"Paragraph 39. I am aware
that my opinion will cause significant difficulties for the court..
I am also aware of the difficulties that the court has had gaining further
psychiatric evidence which to a degree is due to Maurice Kirk's perceived
ability to intimidate and threaten those who become involved in his
case. Should Maurice Kirk rerquest in patient hospital treatment. I
have concerns that a medium secure unit would not be able to provide
the degree of procedural security necessary to maintain the safety of
its staff, because of the confidentiality of other patients and the
necessary security. Should the court wish a second opinion, they may
wish to consider instructing a psychiatrist from a high security hospital
to assess Maurice Kirk both as to treatment and the environment in which
that treatment should take place. I stress that the requirement for
conditions of specific security are purely as a result of Maurice Kirk's
communications with the encouragement of others, rather than his clinical
presentation.
"Paragraph 40. Maurice Kirk
can return to court for any disposal that the court sees fit."