Nikhil Aiyush Kumar 
The Suva High Court has set aside orders from the Suva Magistrate Court that allowed Samuel Tawase to remain under compulsory community treatment after he was found not guilty by reason of unsoundness of mind.
Tawase had been charged with sacrilege and damaging property following an incident at the Samabula Shiv temple on July 4th last year.
High Court judge Daniel Goundar heard that he entered the temple and damaged property and articles of worship, frightening people who were present.
The High Court noted that psychiatric evidence established that Tawase had schizophrenia and was experiencing an acute psychotic relapse at the time.
He was also experiencing command auditory hallucinations and believed he was required to destroy the temple.
While the special finding of not guilty by reason of unsoundness of mind was not challenged, the High Court found the Suva Magistrates Court had no
legal authority to release him into the community subject to compulsory treatment and family supervision.
The High Court ruled that under Section 105 of the Criminal Procedure Act 2009, a person subject to such a finding must be confined in a mental hospital, prison, declared mental health facility or another suitable place for safe custody.
The court stressed that family care and supervision do not amount to legal confinement.
Justice Goundar has now ordered Tawase to be committed to St Giles Hospital for assessment, treatment, care and management under the Criminal Procedure Act and Mental Health Act.
A warrant of commitment has also been issued.
The High court says any future decision on his leave, discharge, transfer or community treatment must follow the requirements of the Mental Health Act 2010 and the applicable review process.
