Dignity and Transcultural Forensic Consultation

The Journal of the American Academy of Psychiatry and the Law
Ezra E H Griffith, Newlands E Greenidge

Abstract

We analyze and comment on a legal case (Edward Gatherer v. Drexel Gomez, 1989) from Barbados. We theorize that in this kind of case a forensic psychiatrist consultant could helpfully advise the principals regarding pitfalls to avoid in resolving their conflict. Use of the consultant has certain advantages over taking such disputes to courts of law. In this case the rector of an Anglican Church in Barbados sued the bishop of his diocese. At question was whether the mandatory retirement age of 65 years applied to the rector. The case was eventually appealed to the United Kingdom's Judicial Committee of the Privy Council, and their decision was rendered in June 1992 in favor of the plaintiff. We describe a reference framework of techniques and methods that we think would be useful in this hypothetical forensic consultation. One important aspect of the analysis and case commentary is that going to court circumvents the obligation of those having disputes in this unique space to safeguard each other's dignity. The court system ignores reconciliation of the disputants to each other and to the Church body. We explore the complexity that attaches to transcultural forensic consultation.

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