Andrew Charles Nisbet (41) yesterday appeared via video link before the Superior Number of the Royal Court – which only convenes for the most serious offences – after pleading guilty to the manslaughter of Pamela Nisbet (68) on the basis of diminished responsibility. The offence took place at the family home on Les Grupieaux in St Peter on 6 August last year.
Crown Advocate Matthew Maletroit, prosecuting, told the court that in November 2017 the defendant and his partner moved into the annex of his parents’ home on the basis that they would only be there temporarily.
But Nisbet soon revealed his desire to remain at the property on a long-term basis and make significant alterations to the annex to accommodate them and their newborn son.
Crown Advocate Maletroit said his parents, Pamela and Andrew Nisbet, refused to go along with his proposals, and the defendant became frustrated and angry. His mental health soon deteriorated and, after his parents failed to give in to his demands to install a heat pump in the annex, he threw himself from a second-floor window – causing serious injuries to his legs.
The court heard that Nisbet’s demands continued and, in an effort to find a solution, his parents bought a three-bedroom house and offered it to him. However, the defendant turned the offer down and continued to refuse to leave.
As a result, after trying to come to an agreement, Mr and Mrs Nisbet eventually commenced eviction proceedings against the defendant. Tensions within the family increased and the police were called out to the home on two occasions.
On 1 August last year, the Adult Mental Health Service carried out an assessment on Nisbet to determine whether he should be detained at Orchard House, the Island’s mental health unit. However, it was deemed that he had not yet fulfilled the criteria to be admitted.
At 6pm on 6 August, Pamela Nisbet sat down with the defendant and his partner in the kitchen of her home, where she was presented with a written agreement regarding living arrangements at the St Peter property. She did not agree to this.
Around three minutes later, after the partner had left, the defendant’s father heard his wife scream. He entered the kitchen where he found Mrs Nisbet lying on the floor bleeding from her neck and the defendant standing near her with a leatherman knife in his hand.
Advocate Maletroit added that the defendant then waved the knife towards Mr Nisbet, not allowing him to get near his injured wife, and a struggle ensued between the pair as Mr Nisbet tried to remove the knife from his grasp.
Mr Nisbet picked up a walking stick, hitting the defendant’s wrist, and said: ‘Andrew, for god’s sake let me go and look after your mother.’ However, the defendant, in response, said: ‘I can’t do that’.
Depsite this, Mr Nisbet managed to fight his way back into the kitchen, locking the defendant out of the house and calling 999 while attempting to resuscitate his wife. Paramedics arrived but were unable to revive her and she was pronounced dead soon after.
Yesterday, during sentencing, the court heard from Dr Ian Cumming, a consultant forensic psychiatrist appointed by the prosecution, who said Nisbet fulfilled the criteria of having autistic spectrum disorder and this would have significantly impaired the defendant’s mental responsibility when he committed the offence – preventing him from considering the long-term consequences of his actions.
He added that the defendant’s time would best be spent being treated at a secure mental health facility where he could be treated, rather than in prison.
Crown Advocate Maletroit recommended that the court impose a treatment order rather than a jail term – the second such sentence to be made following the introduction of the new mental health law in October 2018.
Advocate Mark Boothman, defending, read out a letter to the court, saying that his client was extremely remorseful for what he had done and the impact the incident had on his family.
‘He sincerely hopes that his family will receive a degree of closure and that with the fullness of time, one day they will find it within themselves to forgive him for what he has done,’ he said.
Delivering the sentence, the Bailiff, Timothy Le Cocq, said the court agreed with the Crown’s conclusions and implemented a treatment order – meaning that Nisbet will remain in the care of a secure facility in the UK until he is deemed fit to be released.
Restraining orders of an undetermined period were also issued, stopping Nisbet from contacting or approaching a number of family members.
Following the sentencing, Detective Inspector Christina MacLennan, head of the Serious Crime Unit, said: ‘This is an extremely tragic case that has significantly impacted both the family and the community and our thoughts are foremost with Pamela’s family’.
Jurats Rozanne Thomas, Jane Ronge and Robert Christensen were also sitting.
A government spokesperson for the Health and Community Services Department, said: ‘Following the sentencing of Andrew Nisbet there will be a Domestic Homicide Review, commissioned by the Safeguarding Partnership Board.
‘The Health and Community Services department will provide all the necessary information for the review to ensure lessons are learnt and any recommendations are implemented.
‘A case note review has already been undertaken to identify early learning opportunities and this information will form part of the Domestic Homicide Review. As this is a sensitive case, and it is still under review, we cannot make any further comment.’
