September 16, 2011

Special patient order in sword attack case

By David Clarkson at Nga Hau e Wha marae

A man?s attack on his mother, using a samurai sword, has led to him being found insane and ordered to be held as a special patient under the mental health legislation.

Christchurch District Court Judge Raoul Neave said it was a concern that mental health staff did not recognise the severity of the 41-year-old man?s symptoms before the January 21 incident.

He granted final suppression of name to the man after opting for the more stringent controls that the special patient designation offers for his final release.

He had been charged with threatening to kill his mother and wounding her with intent to cause grievous bodily harm over the sword incident that ended with both of them in hospital. Police said an elderly neighbour intervened to stop the attack.

At a court hearing at the Nga Hau e Wha marae today, the man?s defence counsel Phillip Allan argued that less control was necessary and the man could be held as an in-patient under a compulsory treatment order.

The court heard evidence about the case from consultant forensic psychiatrist Dr Helen Austin, one of two psychiatrists who had reported on the man since his arrest.

He had a long-standing schizophrenic illness which resulted in delusional behaviour, hallucinations, and ?disorganised behaviour which has interfered with his social and occupational function?, according to one report.

Deterioration in his condition was sometimes associated with cannabis and alcohol use.

The man was referred for help by his family shortly before the incident. The psychiatric service gave him pills to help him sleep and arranged a follow-up appointment before the incident happened. Since then, he has been a model patient while in Hillmorton Hospital for eight months.

Dr Austin said the man understood the nature of his illness and said he intended to stay on his medication. He could recognise his own symptoms of relapse, and he had expressed remorse ?on some levels?.

Judge Neave said the reports showed it was an appropriate case for a verdict of insanity.

He accepted the recommendation of Dr Austin that the man be placed in a secure hospital facility and be dealt with as a special patient under the mental health legislation.

That order gave greater control over his eventual release into the community. It reduced the opportunity for a mistake to be made in the assessment of the man.

Judge Neave noted that the relapse that led to the incident in January had ?occurred extraordinarily quickly?.