Bellas orders competency evaluation of murder suspect

Superior Court Associate Judge Timothy H. Bellas yesterday ruled that murder suspect Dwayne M. Sibetang should undergo competency evaluation to find out if he is mentally fit to stand trial or not.

If the forensic psychiatrist who will be chosen to conduct the evaluation finds Mr. Sibetang not capable to stand trial, then he will be sent to an off-island facility since the Commonwealth Health Center is not equipped to handle his case.

“This case highlights the need to reassess this situation. We cannot go on sweeping this under the rug just because it will cost us a lot of money,” said Judge Bellas.

In the meantime, pending the competency evaluation, Judge Bellas ruled that Mr. Sibetang should stay in the custody of the Division of Corrections since the Commonwealth Health Center is not equipped either to handle patients with violent tendencies.

Mr. Sibetang, 28, is charged with first degree murder for the slaying of Chinese nonresident worker Ma Dong Che on March 16, 2000. He is suffering from organic personality disorder as a result of a lead pellet left embedded in his head when he accidentally fired an airgun and hit his right eye when he was eight years old.

During the hearing, Public Health Secretary Joseph Kevin Villagomez admitted that setting up a forensic unit at CHC is not within its priority due to limited funding.

The priority right now is building a Transitional Living facility which will help a big number of patients with long psychiatric cases, training of staff and hiring another psychiatrist.

Despite the huge cost it would entail to send Mr. Sibetang off-island, the public health chief said the department will assist in sending him to a medical facility that is equipped to help him with his case.

Assistant Public Defender Robert Torres maintained that Mr. Sibetang should be transferred to an appropriate facility off-island with the absence of a forensic unit at CHC.

However, Assistant Attorney General James Benedetto argued that the issue at hand is that Mr. Sibetang is charged with the crime, thus, he should remain in the custody of DOC pending the competency evaluation. “I think it is premature to transfer him off-island in the absence of such findings. I really think we are jumping the gun in saying that he is mentally ill and therefore, we have to transfer him somewhere,” he said.