By Chris Willmott 16/04 Updated: 16/04 16:00
A MAN who secretly filmed another psychiatric patient taking a shower has been made subject to an order under the Mental Health Act.
Mark Gaskin had appeared at Warwick Crown Court charged with an offence of voyeurism.
But after reading two psychiatric reports Recorder Peter Cooke ruled that he was ‘unfit to plead’ to the indictment and unfit to stand trial.
He explained that Gaskin ‘is somebody with a very low IQ of 50 to 69 and fulfils the criteria for autistic spectrum disorder.’
Therefore there had to be a trial on ‘whether he did the act alleged,’ rather than to find him guilty or not guilty.
Tom Schofield, defending, argued that the hearing was unnecessary, pointing out Gaskin is on a voluntary residence order at Brooklands psychiatric hospital in Chelmsley Wood.
But Recorder Cooke ruled that the hearing should take place.
Prosecutor Nigel Wilkins told the jury: “The act the prosecution say took place is that this defendant made a recording on his mobile phone of her getting ready for and then going to take a shower."
Gaskin was at Brooklands in 2010 pending a hearing over another allegation of a sexual nature, for which he was unfit to stand trial and it was found he did not do that act.
The woman he filmed was also being treated at Brooklands at the time of the incident in 2010.
She began to feel uncomfortable after Gaskin sent her texts which were ‘rude,’ and she spoke to members of staff and he was told to stop.
The phone was taken from Gaskin and on it was found a recording of the woman getting undressed and going into the shower.
It also showed the phone, having been turned on, being placed in the shower area beforehand and later being retrieved by someone who a nurse recognised as Gaskin, said Mr Wilkins.
Mr Schofield commented that the only issue in the case was whether Gaskin knew the woman would not consent to what he was doing.
After the jury found that Gaskin did do the act, he was made him subject to a hospital order under the Mental Health Act – under which he will be detained at the hospital until doctors consider he is well enough to be discharged.
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