Submission to Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability

What would you like to share with the Royal Commission about your experiences or knowledge of violence, abuse, neglect or exploitation of people with disability?

I submit to the Disability Royal Commission based on the experiences of many people falsely imprisoned in mental health facilities. I feel sorry for those who were innocently imprisoned and I seek to prevent further injustices from being done to others in the future. I suggest that in cases where a family member contacts a public hospital psychiatrist for a home visit targeting a relative there should be alarm bells ringing. Unless the family member is silly and trusts public institutions blindly no proper family member would expose their loved ones to danger and suffering that would scar the rest of their life without adequate justification (e.g. such as some altercation in which the ‘loved one’ is fully at fault). It is the most egregious conduct to do so without adequate justification and solely for financial and emotional benefit. Imagine a family member calling the psychiatrist to inform them of the ‘all clear and ready — son is out of the way and won’t be traumatised’ and then having police arrest like a criminal and transport via ambulance a healthy upright citizen who has been laid in a trap by their silly or evil family members. Who hasn’t raised a single hand to warrant any retribution. Without uttering a word of protest. Keeping calm in some horror movie. The evil family member(s) who has called the psychiatrist in is in fact the person to be detained, who deserves fully to be detained and for several months at that! If a psychiatrist, ambulance officer or police officer is the starting point leading to mental health involuntary admission then it is less likely to be unjustified, as there would be more serious provocative conduct that would be properly witnessed and documented, but even then, arguments or verbal conduct alone could hardly warrant incarceration. But this submission focuses on those imprisoned without any serious action to warrant it. Basically, the most serious injustices will be addressed here. I have wanted to write for several months but the terrible nature of this matter is something I always try to forget. I try to escape facing this reality all the time. I chose to study law because my parent was sent to Hornsby (NSW) in Jan 2013 by my aunt, who wanted to do financial abuse down the track (or my uncle-in-law mostly wanted to — predictably by using Hornsby to drug her up and then all her assets can become theirs) and probably just hated her sister — although, like Szasz has said, what is an evil crime can assume the appearance of a helping hand thanks to psychiatry.

Have you shared these experiences with anyone before? Who did you tell and what happened?

I know firsthand that Adult Mental Health Inpatient Unit is involved in one case in Jan 2013. The NSW Health Care Complaints Commission obviously (other than the Commission’s incompetence) could not bring justice as the current legislation allows the full abuse of the psychiatrist’s power. Pantel v Northern Sydney Local Health District is just one example of a patient failing to defend their rights. The issue is that, not only did they destroy all evidence of everything that was taken into the facility, but they also placed medication into the food (a different member came before mealtime and kindly asked so very nicely what they would like to eat- not what happened usually) which caused the inability to eat anything without severe vomiting and bowel movements (an understatement). Over the phone I heard vomiting into a foam cup. The symptoms of this medication showed me that this was a type which was not meant to be used as part of usual treatment. It caused the complete destruction of the digestive system and the overall health of the falsely imprisoned. Professional conduct is obviously not the way to describe it. The quality of care was disastrous- obviously grossly inappropriate from anyone’s point of view. But the NSW HCCC cannot remedy cases of malicious misuse of involuntary incarceration.

Anything else you would like to tell us?

Other than the unlawful use of the MH Act — none of the legal procedures to safeguard involuntary patients were followed and my parent has never been mentally ill ‘to the extent necessary’ (note: disgusting ‘harm’ criteria that should make all adults reading the legislation feel ashamed for its stupidity — how many incarcerations ever were officially justified on the basis of ‘predicted harm’?) for involuntary incarceration, and in any case, preventative incarceration is an evil excuse, an inexcusable loophole ripe for exploitation. I say that the rough female police officer, my aunt and uncle, the Indian/Kazakhstani psychiatrist and his Chinese accomplice were and are still mentally ill. Unfortunately the strong prevail. And I don’t think they will be fairly punished by the Heavens or legal action. It must be an easy way to steal money — tell a public hospital psychiatrist that a family member or friend is ‘ill’ (when they’re not), get them arrested and subsequently drugged, and if they are silly enough to retaliate (anyone would!) then bingo! Keep them in there and their assets are within reach more and more as the days go on. Perhaps even some DSP from the government would also go into their hands. How can this be!? Nothing at all exists to defend the weak, safeguard our inviolable rights, and ensure society functions properly. Doctors need beds to be filled (on a rotational basis), twisted family members want money so badly, and nurses like to abuse and do other evil things along with the doctors in their positions of authority. They are the God in that building and they choose to play the Devil. I can recognise that my family members are twisted and silly. But fighting amongst family members doesn’t address what happened in Hornsby. About this matter no law firm would dare to fight against a public hospital. We asked many. All material evidence was destroyed by the hospital. Even a blood test they sent was in fact one from years back. But if the evidence were released (if they weren’t already shredded by now) I am sure I would explode with the greatest emotional peak of vengeance for all the utter Kindergarten-level rubbish it would be filled with. Patients who were in contact with my parent were sent to better wards or released so we could never use their oral evidence. 7 years have passed and actions in tort don’t seem possible. The key issue is that they put medication into the food which caused the most horrendous diarrhoea, vomiting, and other serious destruction of body functions. But section 84 of the MH Act condones this, even encourages this.

Are there any suggestions or recommendations you would like to share, including any examples of what worked well, or ideas for how things could be done better? You might also like to tell us about any people that have supported you.

I asked judges what could be done with the psychiatrist’s power and its misuse. One avoided the question, saying ‘see … in the Al Kateb case’. I asked professors in the UK. I thought other professors indeed had caused the rise of psychotropic medications. But it was not all black and white — the arbitrary nature of humans meant that everyone is ‘good’ in varying degrees. If the system, the law, doesn’t take a firm stance then there will be tragedy over and over again. Obviously ex gratia payments are not given for mental incarcerations but some encouraged me to try. The NSW Governor may be the only avenue for change in NSW. In short I ask: why was it possible for my ‘family members’ (who were looking to undertake financial abuse) to ‘use’ a psychiatrist in NSW in 2013 to involuntarily confine a clearly improbable citizen with no proper evidence to support their actions, and subjecting the person to degradation, false imprisonment, and having all defensive actions seen as new evidence of ‘danger’ although it would be actions anyone in that situation would take, and exposing the falsely imprisoned to continuous extreme high risk in the ward, and subjecting them to an extended stay without proper evidence, and without consideration of proper procedures, the Mental Health Act or the minimum of explaining rights etc and finally putting a most potent and dangerous drug into the beef secretly, while subsequently discharging on the request of the original family members without even sending the true copy of the blood test — it was a previous 2006 version! At every stage either no records were made or all evidence intentionally destroyed. More recently there have been many actions taken on mental health but nil on such wrongfully imprisoned cases. Every teacher, professor, or other family member I have recounted aspects of this incident to have thought it improper, impossible, unfortunate, and downright disgusting. After all, the perpetrators can deflect responsibility, saying, ‘I was helping them — it was for their sake!’ Helping, sure, not to solve a problem (for no problem existed in the first place), but to help destroy a life, to crush it with all the darkness hidden within the human body. Another point I commonly make is how accurate all of Szasz’s books explain the above, and how little improved over the decades after they were published. Nobody read Szasz’s books properly, so more and more people go through what I recount here. Many times I’ve considered putting together every aspect into a book. But it seems futile. Nobody seeks to read the reality and truths. Like nobody reads Nietzsche. Everything I’ve seen proves that, if it’s not pure evil at play, then it is the many individual’s lust for profit and the cogs of the system at play. Human rights is like waste paper when confronted with this truth. Aged care is just for non-consensual drugging (https://cheba.unsw.edu.au/news/over-use-antipsychotics-without-consent-long-term-agedcare) and the poor elderly can be killed at the institution’s will but it is not a crime! I am still immature despite having read through much of the dark side of humans. We all know of course that doctors undertook human experiments in WW2 and that the thin line between therapeutic and destructive treatment is at its breaking point now. Name any ‘medicine’ which actually is a ‘cure’? The truth is now quietly residing in our consciousness but still ‘trust, respect, and listen to your doctor’ remains the common speech. Perhaps few have enough brains and ability to ‘question your doctor’. Those who do and still suffered due to coercion are the ones currently suffering the most — because they know too much. It is like a case of doctors treating a doctor who is ill. That unfortunate doctor knows too much of the entire process and will suffer multiple times more than any ignorant and careless patient. Every side effect, every suffering endured could have been avoided…they will think, day in and day out. They will regret — ‘Oh! Why did I not choose to abstain from invasive medical interventions!’ Even the Chinese case of a director of a hospital suffering the most excruciating slow death after being operated on by his subordinate doctors shows clearly that no patient can achieve the best treatment outcomes other than to do nothing. This is human nature and its condition. It is all too sad to contemplate. Even ‘science’ cannot be trusted let alone ‘peer review processes’ which another professor at the University of Adelaide has criticised in his recent book. Books abound with criticisms, arguments, and explanations everyone can relate to — some of which can be categorised as ‘medical nihilism’. Compared to what I have seen my parent go through, other cases I have read make everything turn pale. The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability must take this submission into consideration as it is of necessity for the disabled to be treated as humans not guinea pigs. Although my parent was not ‘disabled’ until imprisoned in Hornsby, being subjected to the same treatment as the ‘actually disabled’ (it is questionable whether anyone there at the time was properly diagnosed rather than simply sent in for varying excuses and ill-intent) underwent makes it necessary for this submission to be read as a very relevant consideration for urgent improvements. The law in this area is difficult and legal arguments never really reflect any bit of the immense suffering and pain that the actual person goes through. For the sake of self-protection and upholding liberty/autonomy there needs to be big changes. This issue has to rise up to stand alongside child sex abuse, refugees, stolen generations, climate change, racism, crime and whatever else facing the new generations. In fact I’m often criticised for contending that medical negligence/mental incarceration is the most important issue because of the unnatural ‘medicines’ designed by researchers seeking profit, not to ‘cure’ anything but to half-kill (not completely kill) a person who may develop further, even more serious and numerous problems or have to depend on that drug(s) for their life. Or something else. Basically, far more people are likely to be caught up in this trap because doctors are everywhere and abusers/disadvantaged families/racists/criminal activity etc are (hopefully) not as numerous. Yet it is not high profile when it can impact us all indiscriminately like the current pandemic. It is not ‘other people’s business’ or ‘something unrelated to me’. I must act. We must act. However, as everybody in power is ‘unwilling and hesitant to speak out against the psychiatry profession’, and the path is dangerous, I have been procrastinating and this submission is one aspect of it. I suspect class action is hardly an option given that the specifics of each case are different. But is there some way to circumvent that…the 23 year old litigant for climate change and bonds gives me some hope in that regard. I feel deep sorrow for the many people who must have also been wrongfully imprisoned in this way. I am disgusted at all the hospital related employees, the legislation, and my family members. I am surprised that I have not taken dramatic legal action but it must be because I spend most of my time trying to forget. And my parent is too kind to these criminals. I want to take action but I have no idea how. To continue living we have to forget, but we will rise up and strike down at the right time on all these criminals, for we are far from forgiving at all. I submit that an Australian who has not violated the law should not be locked up. This process is riddled with error and arbitrariness. There is a high risk of being physically harmed. Nobody has acknowledged the serious impact of involuntary commitment on people’s lives. Quadrupled if they did absolutely nothing to even remotely deserve such a situation, but were the victims of twisted family members. If a mistake is made, there is no remedy! Criminals may be acquitted and innocence proven. Compensation is possible. Not so for involuntary commitment. Mere suspicion of a disorder which turned out not to exist is routine. Unjustified involuntary commitment is extremely rarely found in the literature. The intervention of the media is the only way to increase awareness. Judgmental mistakes made in good faith, incorrect diagnoses based on prejudice, or even malicious attempts of the family to remove another family member from society and have them, declared incompetent, are all in the one basket and treated the same way. Many Australians’ lives have been derailed this way. There is evidence that psychiatrists and other involved persons are motivated by aggression toward provocative patients. Especially learned/educated ones who are often more knowledgeable than the psychiatrists. However the powerful are destined to prevail. The victims disappear from society having learned to avoid public institutions, their family members, and any other risky/dangerous people. This world is no place to reason with criminals and low-life. They will leave the state in which they were subjected to abuse. And legal action becomes further impossible. The complexity of the issue makes successive governments unable to progress. The official questions are: First: is a psychiatric disorder present, and if so, how severe is it? Secondly: if there is danger, what constitutes it and how serious is the threat? Thirdly: Is there a relationship between the psychiatric disorder and the danger? If so, what is it? On the basis of personal insight and experience which is scarcely supported by scientifically obtained knowledge — a situation that in no way satisfies the requirements of a careful and responsible decision process — the physician chooses the lower risk of presuming illness than denying it. Unless consistently discouraged, involuntary commitments will continue to proliferate and the rate will even rise. In criminal law it would be unthinkable that people would be sentenced to detention on grounds of “evidence” as flimsy as the arguments usually presented for involuntary commitment. Legal actions = punitive. Psychiatric actions = therapeutic. The overwhelming use of involuntary hospitalization is not compatible with our ‘democratic system’ aiming to achieve ‘therapeutic objectives’. Although the objective of the law is to provide humane mental treatment, it is in fact used as a police or social control mechanism. The method of public reimbursement encourages forced hospitalization. There is minimal or no opportunity in the Mental Health Acts for a person to appeal forced hospitalization. There are no independent advocates to fight for the person. This is not only a violation of human rights but is therapeutically unsound as well as very costly. There is currently no effective process under any law whereby a person subjected to forced hospitalization can seek redress. Persons charged with crimes have far more protection than a person who is alleged to need mental hospitalization. The Legal Representation Scheme in SA enables a review (with legal representation) of that treatment order by SACAT under section 84 of the Act. Contrast with NSW where section 84 of the Act encourages unbridled use of any treatments to the ‘mentally ill’. It is no different to having a miniature Holocaust hidden in a dark corner of society. In NSW one is not brought before a ‘tribunal’ until one has been in hospital for too long. Where is the protection to ensure victims of evil and ugly family disputes or financial abuse are filtered out before an injustice occurs? Too much is left to the psychiatrist in question who would most likely NOT refuse to take on additional patients to fill beds and earn money from the government. Their ‘proven’ excuses include: ‘if they claim they have no problems, they HAVE a problem’, ‘refusing treatment means they HAVE a problem’, ‘high level discussions citing Foucault’s books and Feynmann’s views of psychology etc which directly confront psychiatrists in denial of criticisms proves they HAVE a problem’, ‘any person could suddenly be harmful in the future but since I focus on you so you HAVE a problem — I can’t incarcerate everyone I see, only those I have been told to see by friend or family (who could have evil intentions)’, and even ‘Do you believe in God? No? (Face turns dark) You HAVE a problem, come with me now.’ The law is meant to prevent this evil. It even expressly states that family disputes and religion are not to be the basis of arrest in some states; ironic. Unfortunately it runs rampant…

In a few sentences, what would you like to tell our nation about your hopes for the future?

There is a lack of legal protection for patients during admission procedures, and during hospitalization. There is a tendency for societies to exclude the mentally ill, to provide inadequate resources for their care and to stigmatise such persons. Concerned citizens (lawyers, joumalists, patient and family groups, and myself) are determined to bring about improvements. There is great apathy, prejudice and administrative inertia. Our efforts should be encouraged by the government at local and national levels, by professional associations and by international bodies. If psychiatrists are worried they’ll lose their privileged and highly paid positions, the government should redeploy them in the community (to do some ‘real work’ not just mindlessly give out toxic drugs) — in effect stripping their God-like power, which some may desire as much as the salary. Unfortunately I cannot give them that satisfaction and nor should the government. Psychiatrists who lust for that ‘God-like power’ to destroy or torture people are themselves mad. Their peers should identify and lock them up for a change. And see how they like the poisons they have given out for decades! The situation is beyond reproach. Yet many can continue to keep a straight face and quash victim’s voices. I would like to tell Australia that I hope we will carve our own path into the future. Without pursuing the same dreams as the misguided and deluded super powers, we should reflect on Australian history with its colonialism, First Nations, and carefree attitude. We should openly bring forward a belated Bill of Rights, learn lessons from the past, never repeat in the future, then, forget the past events, forget time and property, ensure that human suffering does not exceed the acceptable threshold (such as those of the Psychiatric problem), throw away our doctor’s white lab coats to state that the ‘job to help others’ is simply an illusion which brought further suffering instead, and ultimately, keeping a respectful distance from each other, in peace and harmony, we’ll enjoy a simple life of agriculture with whatever land we have access to. Nobody will have so-called ‘mental illness’, no domestic violence or abuse of the weak would occur, no discrimination would take place, in such a future.

24 August 2020