A JUDGE faces the stark choice of locking up a mentally-ill sex offender indefinitely or freeing him after a nine month wrangle over his future.

Judge Raymond Bennett said he has to give Mohammed Latif, 21, an absolute discharge or have him detained indefinitely at Calderstones Hospital, Whalley, as that is the only way he will get the help medics say he needs.

Doctors at the hospital want him to be admitted under a court order as it does not provide the out-patient facilities to treat him in the community in the Burnley area. Burnley General Hospital cannot help either, Burnley Crown Court was told.

The judge, who has to take into account any possible future risk to the public, slammed the situation as "most unsatisfactory".

Last November, the judge attacked the mental health system for failing Latif and for dragging its heels after he was forced to put off sentence for the seventh or eighth time.

He said he had rung the Home Office to get help for the sex offender and got an answer machine.

Judge Bennett said whatever decision he came to, one side was likely to go to the Court of Appeal -- and he added he would prefer the case to be resolved by a higher tribunal which would no doubt have 'more wisdom' than he had.

The judge said although the assault on the 15-year-old girl Latif committed more than two years ago was unpleasant, it was not the worst of offences of its type and Latif had not offended since.

He did not feel the circumstances justified him making a hospital admission order.

He told the court doctors had originally recommended Latif should be treated in the community but the resources were not available and he was faced with the stark choice of effectively locking the defendant up or letting him go.

Judge Bennett adjourned sentence until Tuesday and bailed Latif, who has been living at Calderstones while he has been assessed. The defendant, who was ordered to live with his family at Montague Street, Brierfield, had earlier been found not fit to plead. He was later found by a jury to have indecently assaulted the teenager.

The court had earlier been told the best way of helping Latif was by a supervision and treatment order. The social services were willing to play their part in the order but the medical profession had not come up with how it was going to provide the psychological help Latif needed.

A community psychologist at Burnley General Hospital had not felt she had the expertise in the forensic element of the defendant's case.

Judge Bennett said it was partly thanks to the Lancashire Evening Telegraph, which had published a "prominent" article on the defendant's plight, that the wheels were set in motion and Latif was taken to hospital for assessment five weeks ago.

Calderstones psychiatrist Dr Amil Kumar told the court he had no treatment to provide Latif as he needed pyschological help.

Latif's barrister Oliver Jarvis said it would be wrong to admit Latif to a secure hospital and deprive him of his liberty because of a lack of resources.