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Court orders medical board to assess Dutch national accused of killing British tourist in 2013

Srinagar, Oct 29 (UNI)A Srinagar court has ordered a medical board to examine Dutch national Richard Dawitt, accused of murdering British tourist Sarah Groves in 2013, to determine whether he is mentally and physically fit to stand trial.
The order was passed last week by the 2nd Additional Sessions Judge, Srinagar. The medical examination will be conducted inside Central Jail.
Dawitt is accused of murdering 24-year-old Groves, whose body was found by the houseboat owner in Dal Lake on the morning of April 6, 2013. Dawitt was also staying on the houseboat at the time.
Following the incident, a case was registered at Police Station Ram Bagh under Section 302 of the Ranbir Penal Code (RPC).
The court noted that the trial has repeatedly stalled because of the accused's reported medical and psychiatric condition. An earlier Medical Board had found that he needed continuous supervised medication and regular psychiatric follow-up, and that he was not fit to stand trial at that stage.
The court said that opinion relates to an earlier point in time and that an updated assessment is needed.
According to jail reports cited in the order, Dawitt has not cooperated with psychiatric consultation, medical examination, hospitalisation or advised treatment, and has refused to be moved from the jail to an outside hospital. The court said this made it difficult to get the assessment needed to decide how the case should proceed.
It also said fitness to stand trial cannot be decided on a judge's impression or on reports of non-cooperation alone, and needs an "objective and independent" assessment by qualified professionals.
The Court directed Medical Superintendent of the Government Psychiatric Diseases Hospital, Srinagar, to form a team that includes, as far as practicable, a psychiatrist and a specialist in General Medicine, plus any other specialist considered necessary.
The team will examine the accused inside the jail on October 29. The Superintendent of Central Jail must provide facilities and place all medical records, prescriptions and past psychiatric reports before the team.
"The medical team shall undertake an independent professional assessment and submit a detailed report specifically addressing the present psychiatric and general medical condition of the accused and, most importantly, whether he is presently capable of understanding the nature of the proceedings. The team shall also indicate whether further treament, supervised medication, psychiatric intervention or institutional care is required before the requisite capacity to stand trial can be attained.
The report shall set out the material clinical findings and observations forming the basis of the opinion and shall identify any limitations affecting the assessment," the Court order read.
The Court said if the accused refuses to cooperate or the examination cannot be completed, the team must record the circumstances, the efforts made to secure cooperation, and how far a reliable opinion could be formed.
The judge will be present at the jail during the examination. The order said the accused is familiar with the judge and has interacted freely during virtual hearings, so the judge's presence may help reassure him.
The court stressed that this will not influence the doctors' independent clinical judgment. It added that the arrangement does not dispense with any clinically necessary precaution, and that his reluctance to cooperate cannot substitute for a proper medical evaluation.
Following the order, the Medical Superintendent of the Government Psychiatric Diseases Hospital wrote to the Head of the Department of Medicine at Government SMHS Hospital asking for one specialist to be nominated to the board. The Department of Psychiatry, GMC Srinagar, has been informed.
UNI MJR ARN
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