Letter sent to NSW Legal Aid


Mr Robert Wheeler

Mental Health Advocacy Service

Dear Mr Wheeler,

We want to draw your attention to the case of Mr Malcolm George Baker min 221029 and what occurred at his recent Tribunal Hearing on 14/7/16.

The Tribunal rejected the application by Justice Health for an order to retain Mr Baker in the mental health facility at Long Bay as the Tribunal found no justification for holding him in the hospital and being forcibly medicated. It agreed that Mr Baker presents no risk of serious harm to himself or others. It heard that he needed a job and an interest with social support. He was accused of being delusional as he had alleged corruption between the pharmaceutical industry and the government and said that he was being prosecuted

Please find ourmedia release under the email.

The hospital obstructed the defence at all stages. It refused the independent psychiatrist access to the medical records and didn’t release the Review documents until the hearing. The Tribunal claimed that it didn’t have the power to intervene. Dr Lucire pointed out that the tribunal could not deliver justice if one side was prevented from giving proper evidence. “That alone makes the legislation a sham” she said.

The top two Directors of Mental Health in Custodial Services attended the hearing as well as the psychiatrist leading the treating team. The defence was pro bono and privately funded. “There were at least 10 people in the room and the costs of such careless diagnoses need to be sheeted back to those who make them” said Dr Lucire.

Legal Aid NSW had referred us to the Mental Health Advocacy Service. However, Mr Baker felt no confidence in that service from his previous experience. We had no choice but to look elsewhere. We would like to use legal aid financial support for our focus cases as with Saeed Dezfouli. How can we make this process work to allow better outcomes for everyone in the future?

Please be sure that this email is not to criticize the judgment of Legal Aid NSW but rather to support the different approaches needed to create change. What do you think can be done?

Please acknowledge upon receipt,

Kind regards,

Jessica Chal

Justice Action Team.


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