A defence attorney has voiced discontent with the way the justice system has been treating her client, who is deaf and unable to communicate verbally.

The case involves Dwight Smith, who is currently facing charges of wounding with intent after allegedly inflicting multiple knife wounds on a woman. The victim asserts that the attack was carried out without any provocation.

Smith, who is represented by attorney-at-law Suwayne Phillips, has been in custody since May 29, 2023 and was taken to court on June 23 that same year.

“I was assigned the matter by legal aid in January 2024 and went to court for the first time on his behalf on January 23, 2024,” Phillips told the Jamaica Observer.

Smith was offered bail in the sum of $500,000 on July 11, this year, with the condition that up to three individuals act as sureties. Nevertheless, the attorney expressed dissatisfaction with the length of time Smith was detained before being granted bail.

On September 11 this year, the accused man underwent a psychiatric evaluation as ordered by the court.

During a hearing in the St James Circuit Court presided over by High Court Justice Bertram Morrison last Thursday, the report revealed that Smith was deemed mentally incompetent to enter a plea.

A follow-up evaluation is scheduled for December 4.

The case was later rescheduled for January 30, 2025, and Smith was remanded in custody due to his failure to take up his bail. It was disclosed in court that his family lacked the resources necessary for posting bail.

Phillips told the Observer that her client does not have mental issues. He was in a romantic relationship with the complainant, and he was attacked, prompting him to act in self-defence.

“Based on communication with the sister and what the community has said, apparently my client is saying he was in a relationship with the complainant, who is married. He also claimed that the complainant and her husband tried to attack him, and he defended himself,” according to Phillips.

“The court keeps pushing that the man has a mental problem, despite the fact that his family and myself have been saying he is only [unable to speak properly] and doesn’t know sign language, making it difficult for him to communicate,” she added.

Phillips went on to say that her client had not received equitable treatment from the legal system, citing specific examples that have contributed to her dissatisfaction.

“Since my first appearance in January 2024, the complainant has never attended court. Every time we are told she will soon leave the island, she has left, or she has not returned, despite her claim to be interested [in pursuing the matter],” the disgruntled attorney stated.