A Supreme Court judge on Wednesday ordered a paralyzed inmate released from custody to seek “proper medical treatment” after granting interim relief pending the hearing of a constitutional motion.
Justice Loren Klein heard the matter of Carlos Butler, whom prosecutors allege was shot during the April 24 armed robbery of an off-duty policeman who was collecting a deposit for a supermarket in New Providence.
Butler, who is confined to a wheelchair, was not present at the hearing as he could not access Klein’s upstairs courtroom because the Supreme Court does not have an elevator.
Butler was remanded to the Bahamas Department of Correctional Services on May 11.
His lawyer Bjorn Ferguson sought an urgent application for interim relief after arguing that Butler’ continued detention could result in a deterioration of his health or death.
Ferguson said that Butler is medically vulnerable, and the prison is unable to adequately provide his present medical needs.
Despite his condition, Butler is sleeping on a concrete floor, putting him at risk for pressure sores.
Ferguson said that Butler cannot control his bowel functions and has to wear adult diapers. He’s assisted by other inmates, who lack medical training.
According to Ferguson, Butler might have the chance of regaining mobility if he can get physiotherapy, which is unavailable at the prison.
The application was opposed by Donard Brown, lawyer from the Office of the Attorney General.
Klein said, “I would have thought that the state would have been eager to release and seek medical attention for someone in that state because the potential for liability grows minute by minute.”
In his interim order, Klein ordered Butler released so that could receive “proper treatment” after finding that his continued detention at the prison would be degrading and inhumane.
His bail was set at $5,000 with reporting conditions.
The matter has been adjourned to June 30 for a status hearing.
