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Army man on murder rap had mental illness same year as marriage
A view of the Supreme Court in downtown Kingston where the murder trial is taking place.
News
BY ALICIA DUNKLEY-WILLIS Senior staff reporter dunkleywillisa@jamaicaobserver.com  
February 8, 2024

Army man on murder rap had mental illness same year as marriage

Lawyer says Lieutenant Burnett diagnosed with anxiety depression and condition deteriorated

A slew of medical psychiatry reports entered into evidence in the ongoing trial of Lieutenant Kyodia Burnett, the former Jamaica Defence Force (JDF) physiotherapist who stabbed his attorney-at-law wife Nordraka to death in December 2018, have indicated that Burnett was first diagnosed with a mental illness in 2008, the same year he married his wife and that he continued to decline.

Jacqueline Samuels-Brown, King’s Counsel, attorney for the 41-year-old, in addressing trial judge Justice Dale Palmer in the Home Circuit Division of the Supreme Court in downtown Kingston on Wednesday, said her client was first diagnosed with ‘generalised anxiety depression’ in 2008. She said his condition deteriorated, leading to him being diagnosed with major depressive disorder with anxious distress in January of 2018. Burnett murdered his wife on December 13, 2018.

Wednesday, Samuels-Brown pointed to an expert opinion contained in one of the reports which said Burnett experienced a further decline leading to him being diagnosed with ‘schizoaffective disorder – the depressive type’ and was at one point placed on suicide watch.

The court was told that during his hospitalisation at one point, Burnett “expressed hopelessness, suicidal ideation along with auditory hallucinations telling him he is worthless and encouraging him to end his life”. The voices also encouraged him to hurt his wife, the court heard.

Samuels-Brown, in telling the court that she had been “conflicted in adducing evidence relative to the participation of his dear wife in all that has transpired relative to the time leading up to her death” in making it clear that the defence had no intent to, “make her into the evil one”, said, “I think she was diligent in attending to her husband but had become to an extent, disheartened by the fact that he was not improving as it was anticipated that he should have been”.

Said Samuels-Brown: “Law is not an exact science, it’s like medicine, it’s not an exact science and even in medicine when it comes to psychiatry, it becomes even more inexact”.

The attorney said one medical expert had noted that Nordraka, “appeared to be supportive to her husband but indifferent to psychiatric diagnosis and more focused on spiritual-based interventions”.

Moreover, the expert said the now deceased attorney had, “rebuffed any worry for her own safety and their two young daughters”, adding that in sessions Burnett, “and his wife emphasised the usefulness of daily prayer sessions” and declared that his symptoms had abated.

She stated that stressors identified, in relation to Burnett, according to one expert were his, “membership with the Jamaica Defence Force and relationship stressors”. Samuels-Brown on Wednesday said those stressors are no longer a factor since Burnett has been discharged by the army and his wife is deceased.

Burnett who had been charged for murder pleaded guilty to manslaughter on the basis of diminished responsibility on Monday gone when his trial began.

On Wednesday, Justice Palmer, in ruling on the plea, said having heard the evidence contained in the reports of the medical professionals together with the vive voce evidence on the mental state of Burnett prior to and just after the murder of his wife, it had been established on a balance of probabilities that there was substantially diminished responsibility on the part of Burnett and that it was appropriate for the prosecution to accept plea of guilty of manslaughter.

Justice Palmer, however, said he had some concerns relating to the ‘availability of facilities that can attend to this type of malady’ before making a sentencing decision and as such was minded to request the Office of the Public Defender to appear before the tribunal, given that that facilities for mentally ill offenders are “at best limited and at worst non-existent”.

“So the concern I have goes beyond just criminal liability and so that is why I was contemplating submissions from the learned public defender in addition to learned counsels and the Crown,” he said. He added that in seeing to Burnett and his “particular need” as well as his constitutional rights, he was also mindful of the public’s interest and safety. In noting that members of the public at times views sentencing decisions by judges as the actions of individuals who are “untouched” by the issues of those appearing before the courts, Justice Palmer stated, “We do not take these situations lightly,” he added.

The tribunal is also to hear submissions from two members of the team of doctors who treated Burnett over the course of his diagnosis when it meets next ahead of the sentencing decision by the judge.

Burnett’s 70-year-old mother, taking the stand on Wednesday, broke down several times during her testimony in silent tears, her aged face awash with grief.

The mother, who said she spoke to her son and family almost daily, said at some point in 2018 she was not hearing from her son as usual and said when there was no response to her repeated calls to his phone, alarm bells went off.

According to the mother, after speaking with Nordraka she decided to visit the family and arrived in the island on December 8 and was picked up from the airport by the attorney who was the only one who was aware that she would be visiting.

She said when her son saw her enter his bedroom, he folded his hands and started to cry. “I went in and hugged him and I told him everything would be okay,” the mother said.

She said some days later she learnt that her son was supposed to be on medication after he complained of feeling unwell. She said when she enquired he told her he was on medication “for nervousness”.

According to the mother, she gave him half of his prescribed tablet because he complained that taking a whole tablet made him sleepy and he “had problems when he took the whole pill”.

She said she spoke with her daughter-in-law about her son’s medication the following week of that visit.

“The Tuesday morning he woke up and said he wasn’t feeling well and I went to get the medication. When I was going to the room with the glass of water and the pill Sanji [pet name for Nordraka] saw me with it and asked what I was going to do with it. I proceeded towards the bathroom where he was. Sanji came behind me and said I should not give him the medication because that’s not what is wrong with him, it’s a spiritual problem,” the elderly woman told the court.

She said her daughter-in-law, in exiting the bathroom, told her husband, “I’m going to see who you are going to listen to; me, or your mother”.

She told the court that her son took the tablet she offered and swallowed it.

She said a day after she left Jamaica (Wednesday, December 12) her son killed his wife.

Struggling to maintain her composure through silent tears, the mother said she had never seen her son being violent to his wife or heard his wife complain that he had hurt her physically.

She told the court that when she returned to Jamaica a few days later, her son was at the psychiatric ward at the University Hospital of the West Indies (Ward 21), after which he was placed at the Tower Street Adult Correctional facility in Kingston. He was placed at a community group home after a successful bail application. In telling the court that herself and her husband have had to fork out $100,000 monthly to fund his stay at the facility, the elderly retiree again battled tears.

She said after the murder there was a marked difference in her son’s demeanour and behaviour.

“His outlook had changed, he had a wild look,” she stated adding, however, that her son, who now looks “much better”, has never talked to her about what occurred on December 13, 2018 when he killed his wife.

Wednesday each time reference was made to her son slaying his wife, she broke down in silent tears, at one point being so overcome by emotions that the matter was stood down for 10 minutes to allow her to regain composure.

The forlorn woman in that period was comforted by her husband who clutched her hands, massaging her neck and shoulders gently, speaking to her in whispers, harmonious in their silent grief.

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