A psychologist has told the High Court that while there is no longer a death row at Dodds Prison, inmates awaiting re-sentencing for murder are, for the most part, being kept in similar conditions with no access to rehabilitative programmes.
Psychologist at the penal institution Sean Pilgrim was speaking in the No. 2 Supreme Court on Friday during the re-sentencing hearing of Tyrone Dacosta Cadogan.
Cadogan, of York Terrace, Pine, St Michael, was convicted of the December 8, 2003, murder of Paulette Brathwaite and sentenced in May 2005 to death by hanging. In June 2018, the Caribbean Court of Justice (CCJ) declared that the mandatory death penalty in Barbados was unconstitutional, leading to the sentences of those on death row, including Cadogan’s, being vacated and re-sentencing orders issued.
Pilgrim told the court that while the area previously assigned to death row is no longer used and its former inmates have been moved to maximum security since the CCJ’s ruling, they remain under similar conditions with no access to rehabilitative programmes.
“Death row inmates are housed in maximum security units in one-man cells, and movement within the prison is very closely monitored. Unless certain conditions are met, they would not be allowed to leave the cells. I believe their visits and all interactions with outsiders are closely monitored, even more so than the average inmates. Other than religious programmes, unfortunately, these inmates are not prioritised for rehabilitative programmes,” he said, adding that they also have limited interaction with other inmates and no access to television.
“So he is no longer on death row but in maximum security in much the same way as if he were on death row?” asked Justice of Appeal William Chandler, who presided over the original matter.
“Yes, sir,” Pilgrim replied.
Pilgrim said that currently, there are no programmes at the penal institution to help former death row inmates like Cadogan, who often spends 23 hours a day confined to his cell, re-integrate into society.
“There are no programmes at the moment for someone like Mr Cadogan, who would have spent such an extended period of time in isolation,” the psychologist said, adding: “What I believe would be beneficial for him is a de-escalation of the level of security and restrictedness. Ideally, transfer him to a lower security building where there is a greater level of interaction with individuals and more access to vocational programmes. In that setting, Mr Cadogan would be better prepared psychologically and have easier access to our resettlement officer, who coordinates with the Welfare Department and any other social service agencies deemed beneficial to him.”
Justice Chandler stated that, as the sentencing officer, he must balance the interests of the public and the individual.
He said: “Here are my concerns in reading the reports. There is a need for continuous intervention, and that cannot be facilitated by him being where he is all the time. Reading through the report, the isolation, you seem to suggest, is affecting his attitude. I have to balance the interest of the general public against this individual’s needs, and from your report, he still needs help. We are dealing with the protection of the public versus a person, and from your report, there is no certainty in terms of where he stands in the process of rehabilitation.”
Stating that it would be difficult to give a timeframe for rehabilitation, Pilgrim said Cadogan would have to be observed to see how he adjusted to less restrictive conditions in the other housing units and how he interacted with the other inmates because “it would be dramatically different to what he has been used to in the past 21 years”.
He also told the court that vocational training, substance abuse counselling, and psychotherapy would assist Cadogan’s self-development.
Earlier in the proceedings, Senior Probation Officer Diana Goodridge made similar observations: “To my knowledge, he was on death row and would not have benefitted from educational, vocational or counselling programmes in maximum security.”
Reading the June 2022 report she compiled on the inmate, Goodridge also stated that Cadogan, who has seven other convictions, was rated as having a high risk of reoffending due to his history of substance abuse and lack of educational achievement.
She added that while he admitted to the offence, he gave an explanation that sought to minimise his actions on the day of the incident.
Goodridge said: “It is Mr Cadogan’s explanation that he had been drinking alcohol with a friend throughout the day. He admitted to stabbing the victim prior to his attempt to rob her but subsequently ran off and left her. It is his position that he only remembers stabbing her once and knows nothing about the additional stabs. He mentioned another person he left at the scene with the victim. He expressed regret and said he wished he could take his actions back and also added that he has paid his debt to society due to the length of time he has spent in prison.”
Justice Chandler said that under the Penal System Reform Act, the sentencing process is individualised and it is necessary to fashion an appropriate sentence based on Cadogan’s particular needs, adding: “This is not a run-of-the-mill case.”
He then adjourned the hearing until January 22, saying: “This sentencing process is not as simple as it appeared.”
Attorney-at-law Safiya Moore represented Cadogan, while State Counsel Dr Zoe King appeared for the State.
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