Media release October 18, 2010
Health Dept fails to silence mental patient
“After an amazing battle, mental health patient Saeed Dezfouli has won the use of his own name in his campaign for patients’ rights. In reality it represents access to public opinion. The Health Department used all of its authority and its subterfuge of concern for the patient, to keep him anonymous. Its arguments (website) are disgraceful and clearly self-serving. We call on Minister Carmel Tebbutt to remove the CEO of Justice Health Julie Babineau” said JA Coordinator Brett Collins.
“They complained to the Police NSW State Crime Command that Saeed had made statements on our website without permission under s.162 of the Mental Act. Police refused to act. The Mental Health Review Tribunal even refused to let its own 119 members receive a copy of the critical “OUR PICK Report” as it mentioned the patient’s name. They have been caught trying to use a law intended for the patient’s benefit to prevent accountability” said Mr Collins.
The name issue went to a Mental Tribunal hearing on 30/9/10 with twenty people present inside the Forensic Hospital. On Friday when further material was due, they responded: “...Justice Health has, after further reflection following the hearing, determined that it does not wish to continue as a party in these proceedings.”
“Additionally Justice Action has been threatened by the Attorney General with contempt of court for publishing the transcript and reasons for the Tribunal’s decision refusing changes in Saeed’s treatment, from which he is appealing to the Supreme Court. Initially the Tribunal denied having made a decision at all and refused to supply reasons, until the audio record exposed the truth. Now those disgraceful exhibits are on our website for public exposure” said Mr Collins.
The Attorney General and the Tribunal have moved to strike out his appeal on 23/11/10. This case has become the test of accountability for vulnerable mental health patients in the first appeal under the new Act.
"Mr Dezfouli, despite being a non-violent patient who never intended any harm, has been held in the highest security cell for over eight years. He is forcibly injected every fortnight, is refused a change of psychiatrist, social support with new visitors, and education. The rules aren’t even stated. This case exposes entrenched abuse of power masked as health care, costing over $200,000 a year. We have a home and job for him" said Mr Collins.
More information on website:
Comments: Brett Collins 0438 705003
JUSTICE ACTION
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The closed system of the NSW Health Department's mental hospitals is getting exposure through the window of patient Saeed Dezfouli. It shows systemic abuse of dependent people cloaked as care. It shows corruption, waste and power totally out of control. It shows hypocrisy and deceit so endemic to the system that it isn't questioned. It shows those entrusted with supervision and service provision in the mental health area, not interested beyond their own status and pay. The OUR PICKReportdownloadhighlights the problem and proposes a solution. Launchmedia release.Poster consumer consultation.
Saeed has appealed to the NSW Supreme Court about his treatment, but both Justice Health and the Mental Health Tribunal are fighting to prevent that exposure. Media release The Tribunal hearing transcript and reasons are here. Read how they respect patient care. Evidence for him is here. AffidavitAnnex
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Saeed has had to fight for the use of his own name in his campaign. His right to an identity. The Health Department argued that it was protecting him, not itself. It was the ultimate in lies and didn't see how transperant it was. It went for hearing before the Tribunal on 30/9/10. Media releaseHealth submissionSaeed's submission.
Appeal media releasePoster download Now they refuse him visitors who aren't "friends" defined by the Health Department as having physically touched him.Report (PDF 940KB)
On Thursday, 11/2/10, the Mental Health Review Tribunal (MHRT) had its compulsory six monthly review of Saeed at which a number of documents were tabled on his behalf. Downloadable here Saeed profileRight to EducationRight to refuse medication Now this will be exposed in a Supreme Court challenge.
Saeed is in a unique position. He has watched the system from inside for eight years, and points out its hypocrisy, whilst Justice Health tries to crush him into submission with the rest. He is a gentle person never wanting to hurt anyone they agree he is non-violent, but every two weeks eight staff hold him down and inject him with a powerful sedative. And then he is held in the highest security area the Forensic Hospital. We became his Primary Carer when there was no-one else.
Saeed whistleblew on the Long Bay Hospital’s new 18 hour lockdown policy in 2008, mobilised patients to protest, got support from the whole mental health industry and forced the transfer of the patients from prisons to the Health Department. Long Bay Lockdown He spoke on
ABCTV Stateline YouTube link
Saeed is suffering because he won't shut up. Justice Health has absolute power. Patients have no finite sentence and are totally dependent on the treating psychiatrist. The principles of s.68 of the Act don't apply in practice. Mental Health Act The authority of the MHRT Forensic Provisions Act isn't applied. No one cares in this care system, charging the taxpayer $200,000 a year for Saeed, and $130m for the new privately financed Bay hospitals.
Complaints for Saeed:
* He is no threat to anyone and just needs support in the community after eight years isolated in a cell.
* They won't change his psychiatrist despite no communication - the chair of the MHRT laughed at this request.
* Forcibly injecting him.
* No access to education.
* No choice of association.
* No exercise.
* Tobacco removed.
* Justice Health refused two support people access to the MHRT hearing although it is a public hearing and previously a MP’s policy adviser and support person were present.
* A promised comprehensive review was abandoned after the Health Minister was approached by Sylvia Hale MLC.
Consumer representation for those under the Health Department should be easy - a basic win-win opportunity paid by the taxpayer. In reality the weakness of the consumers and funding dependency of organisations means that no-one confronts government policy. On the Long Bay lockdown, on smoking and now patients' rights generally, no-one stands beside them.
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