I listened to the interview with Barnaby Webber’s mother today on the Crime Agents podcast. She was very poised and persuasive. It’s absolutely disgraceful the systemic failures which led to the public not being protected from Valdo Calocane despite multiple red flags which would have been raised if the mental health authorities and police had been working properly together.
One thing however which I found was a bit unchallenged in the podcast (and has also not been challenged by the media generally) is the repeated statement by the victims’ families that there was some kind of stitch-up by the CPS in not pressing murder charges and instead allowing indefinite detention under the mental health act. Mrs Webber’s perspective, which I have heard from other victims’ families is that the fact that Calocane planned the attacks indicated he was enough in control of his actions that he should face criminal charges.
My concern with this idea going unchallenged is that it seems to misunderstand mental illness. It ignores that people in the grips of delusion can ‘seem’ very rational. And indeed if you are in a delusion where you are fighting demons, or are an army officer in a combat scenario, you might plan and do terrible things but in a framework that to you at the time seems completely logical, legal and even moral. I gather there were 5 different psychiatrists’ reports all of which indicated that this was the case with Calocane and the CPS concluded there was just no possibility of a conviction.
I am not defending Calocane. But I do think we should make space for some discussion around mental health and why it is we decided not to put people in jail who are mentally ill. Also I do wonder if we should have more appropriate sanctions if a person has been mentally ill, been violent, been sectioned and then absconded whether there could be recall powers or flags put out to effectively force them to engage in treatment.
I'd be interested in others' thoughts. And whether I'm also misunderstanding mental illness and / or the nature of the law.