David Hunter Voire Dire Hears from Renowned Forensic Psychiatrist Dr Vivek Furtado on 3 February 2023
JUSTICE ABROAD
“Here When You Need Us”
Justice Abroad represents Mr David Hunter, a 75-year-old British man who was facing murder charges in Cyprus after the death of his wife who was suffering from terminal blood cancer. Justice Abroad is working with Cypriot lawyers Nicoletta Charalambidou, an experienced human rights advocate, and Ritsa Pekri, a criminal law expert on this case.
There is currently a voire dire, trial within trial, in regard to statements taken from Mr Hunter after he had attempted to commit suicide by taking an overdose, before any psychiatric assessment had been made of him, and in the absence of a lawyer and interpreter.
Today, on Friday 3 February 2023 at 9.30am at Paphos Assize Court renowned psychiatrist Dr Vivek Furtado, who is head of Forensic Psychiatry at Warwick University gave evidence. He stated that the following factors lead to difficulties in regard to the reliability of Mr Hunter evidence.
1. Mr Hunter was an elderly man at the time and that this would affect his cognitive functioning;
2. The interviews were conducted late at night and for those who are elderly this is not the best time for any statement or questions to be asked or taken;
3. In addition, he experienced the loss of his wife, to whom he had been married for several decades;
4. He had also taken a large overdose of medication at the time; and
5. Also met the criteria of a depressive episode at the time.
Dr Vivek Furtado concluded that Mr Hunter was suffering from dissociation, a clinical disorder whereby there is a separation between mind and the environment in which an individual finds himself and that he would not have been able to properly understand his right to a lawyer, would not have been in a fit psychological state to answer questions in relation to the allegations in this case,
Justice Abroad’s Michael Polak stated:
‘In this case Mr Hunter was interviewed by Police whilst in a hospital bed, with no lawyer, and directly after attempting to commit suicide. It is astounding that the Cypriot authorities thought that it was proper for him to be interviewed in these circumstances without a psychiatric assessment taking place. Dr Furtado, one of the United Kingdom’s top forensic psychiatrists, gave clear evidence that an interview was inappropriate at that time.’
Dr Vivek Furtado – Head of Forensic Psychiatry at the University of Warwick stated the following:
I have interviewed and examined Mr Hunter and at the time of his arrest he was mentally unwell and extremely vulnerable. He was an elderly man who had lost his wife of more than five decades, was suffering from depression, and who had taken a massive overdose and was admitted to hospital and treated against his will.
He wasn’t assessed by a psychiatrist before he was interviewed by the police, nor was he offered an appropriate adult. He was interviewed without a lawyer at around midnight. All of these factors cast doubt on the reliability of the evidence obtained from him by the police. Further to this, David was experiencing dissociation at the time, which is a mental condition which means that an individual would not be fully aware of their surroundings and would not have conscious awareness of their actions or comment.
In cases such as these, it is vitally important that psychiatrists are called upon to assess individuals so that their fitness to be interviewed can be ascertained. This prevents the defendants from giving unreliable or misleading evidence.
The delays in this case, including many where written facts were agreed and the prosecution gave the defence hope that a plea to a lesser charge would be accepted only for that agreement to be withdrawn at the very last minute, are no fault of the defence. These delays occasion further costs for Mr Hunter. The family are raising funds through Crowd Justice to assist Mr Hunter with this case to ensure he has the best possible defence to this charge where he faces spending the rest of his life in prison if convicted of murder.
For any questions in relation to this case please contact Justice Abroad by email at contact@JusticeAbroad.co.uk or phone on +44 (0)203 488 2316.
Notes to Editors
Justice Abroad, www.justiceabroad.co.uk has been set up to help those trying to find their way through foreign justice systems with all the associated hurdles that presents, to represent those facing gross breaches of their human rights no matter where this takes place, and to advise and assist the victims of crimes as to how to achieve justice.
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