Justice Action’s focus:
- Prisoner’s health
- Mental health
- 78% of males and 93% of females were diagnosed with a mental illness up to 12 months before committing the crime that lead to their imprisonment
- Preventable crime
Saeed’s Case:
- Throughout 2001 Saeed became fearful of his life and safety and stated that he had been receiving death threats. He felt that he was constantly under surveillance and warned the authorities by sending them letters about his concerns for 5 months prior to his starting a fire in his workplace.
19/01/2002
- The fire resulted in the death of a fellow employee and Saeed was arrested and detained in the forensic hospital.
2002
- Douglas Holmes makes first contact with Justice Action on behalf of mental health consumers while working as the Executive Officer of the NSW Consumer Advisory Group Mental Health Inc (NSW CAG) concerning mistreatment in Long Bay Correctional Centre.
2007
- Anti-discrimination board education complaint.
- Saeed lodged a complaint to the Administrative Decisions Tribunal (ADT) on grounds of discrimination that he could not undertake any educational courses and was denied access to educational resources.
- Saeed believed he had been discriminated against because of his mental illness and lodged a complaint with the Anti-Discrimination Board.
- Anti-Discrimination board to investigated the complaint to determine whether they have power to settle the matter.
16/03/2008
- Long Bay lockdown – prisoner’s lock down increased to 18 hours per day.
- Saeed creates petition - signed by 32 patients.
25/09/2008
- Victory for mental health patients - Long Bay lockdown success.
- The NSW government decides to transfer control of the Long Bay prison hospital to the Health Department, thereby ending the uproar caused by their decision in April to reduce time out of cells to cut costs.
2009
- Anti-discrimination education complaint.
- The Anti-Discrimination board advised the complaint was beyond their power to determine and referred the matter to the Administrative Decisions Tribunal.
- Preliminary hearings were held during this period.
18/06/2009
- Brett Collins has first visit to become primary carer of Saeed Dezfouli.
20/08/2009
- 13th Mental Health Review Tribunal hearing.
- Letter sent to the Mental Health Review Tribunal following the hearing regarding issues of forced medication, choice of psychiatrist, transfer to different ward, access to escorted leave and education and recognition of rights.
- Representative of Sylvia Hale (Greens MLC) was present at the hearing.
11/02/2010
- 14th Mental Health Review Tribunal hearing.
- Statement of concerns: visits, forced medication, choice of psychiatrist, access to education.
March 2010
- An appeal is lodged in the Supreme Court against the tribunal’s decision to not change Saeed’s conditions.
2010
- Anti-discrimination education complaint.
- The Administrative Decisions Tribunal found that Saeed was unfit to represent himself due to the fact that he was a forensic patient.
- The court referred Saeed to PILCH (Public Interest Law Clearing House) training in which a lawyer was allocated to represent Saeed (Robert White).
- Robert White argued this matter was a failure of the system.
16/09/2010
- Name challenge began with Saeed writing to Justice Action asking to make an application to the Mental Health Review Tribunal under section 162 of the Mental Health Act (2007) allowing him the right to publish his own name.
20/09/2010
- 15th Mental Health Review Tribunal hearing.
- Saeed was represented by lawyers Paul Bodisco, Christine Nash and Andrew Dikha.
- The lawyers argued Saeed’s right to publish his own name.
- The tribunal adjourned this issue.
23/11/2010
- Appeal hearing at the Supreme Court from the Mental Health Review Tribunal hearing of 11/02/2010.
- Three sets of lawyers had withdrawn;
- Howard Murdoch/Blair Commin – demanded $2000
- Pauline Wright/Graham Turnbull – demanded that JA take their advice or they would not represent Saeed
- Paul Bodisco/Christine Nash/Andrew Dikha – double booked and withdrew
- Justice Action represented themselves.
26/11/2010
- Supreme Court judgment – Justice Peter Johnson handed down his decision.
- The case was lost and $36,000 in costs was awarded against Saeed and Brett Collins (primary carer). The judge stated that all three sets of lawyers were dismissed, although that was not true – fully logged withdrawal by them.
24/03/2011
- 16th Mental Health Review Tribunal hearing.
- Application made to the Mental Health Review Tribunal for adjournment as not given the ‘treating team report’ before the hearing.
- Refused discussion about legal representation and permission to publish his name in The Herald and 2SER (regarding the refusal to adjourn).
- No changes in his conditions were ordered.
04/08/2011
- Hearing of appeal to use his name to the Supreme Court - against Tribunal’s rejection (24/03/2011), represented by Peter O’Brien.
- Appeal was heard by Justice Michael Adams.
- Currently awaiting the decision.
29/09/2011
- Victory! – first Justice Action workers allowed in to the forensic hospital to visit Saeed after over two years of applications.
29/09/11
- 17th Mental Health Review Tribunal hearing.
- Issue of access to visitation – tribunal refuses to issue an order that Saeed be permitted visits under s.47 (1) a of the Mental Health (Forensic Provisions) Act. Tribunal said it was no longer a problem.
- Saeed’s fitness to plead will be addressed at the next hearing on 17/11/2011.
2011
- Anti-discrimination education complaint.
- This matter has been listed down for a three day hearing (30 November, 1 and 2 December 2011).
- Legal aid funding was approved and granted to Saeed’s lawyer (Robert White) in May 2011.
- Saeed has a prepared affidavit to support his claim.
