£3000 Damages Claim For Alleged Libel

Press, Issue 29236, 21 June 1960, Page 9

£3000 Damages Claim For Alleged Libel

(New Zealand Press Association)

WELLINGTON, June 20. William Alfred Montague McLean, aged 45, psychiatric charge attendant, of Papakura, denied in the Supreme Court, Wellington, today that he had ill-treated a mental Patient at the Kingseat Mcptai Hospital, Auckland. McLean a former professional wrestler, is claiming £3OOO damages from “Truth” (New Zealand) for alleged libel.

Mr G. L. McLeod, with him Mr I. A. Bbrrin, appeared for the plaintiff, and Mr J. H. Dunn, with him Mr L. M. Greig, for the defendant company. The Chief Justice, Sir Harold Barrowclough, presided. The subject of the claim is an article in “Truth” on February 16 headed, “Callous—Truth Accuses Health Minister,” commenting on mental hospitals in New Zealand.

McLean claims that a paragraph in the article which read, “He also gives an account of a former wrestler attendant in Kingseat Mental Hospital sitting astride a patient on the floor and rotating his thumbs in his eyes. The patient’s sight was temporarily impaired and he was removed to a refractory ward until his haemo-conjunctive condition improved,” was taken to mean that he had acted or was prepared to act in an improper manner towards a patient to the extent that a patient might be seriously injured.

He claims the passage was published falsely and maliciously of him in the way of his employment, that he has suffered in character and reputation and has been brought into public hatred, ridicule and contempt. “Truth” claims the words were true in substance and in fact and alternatively that as an expression of opinion the passage was fair comment made in good faith and without malice upon a matter of public interest. Mr MoLeod, in his opening address, said the plaintiff had absolutely nothing to hide. It might be fair comment to say that mental hospitals in New Zealand were badly run and were no credit to the country, but that was not the subject of the claim. The action was not being brought on behalf of the country’s mental hospitals. The plaintiff had not been named in the article, but as tar back as 1848 a judge had said that if those who looked on knew who was meant, then his name might just as well be mentioned 10 times over. “No Apology”

The evidence would show that on the staff of Kingseat hospital were two outstanding wrestlers including the plaintiff. The law made provision for such a thing as making a mistake and then publishing an apology. One of the two wrestlers applied to “Truth” for an apology and this was duly published and he received a small sum as recompense, but when McLean made a similar application no apology was forthcoming. 1 Mr McLeod said the plaintiff had been involved in restraining a patient who was subsequently removed to what was nowadays known as a “disturbed” ward and previously known as a refractory ward. There were about 900 patients at Kingseat and 80 male attendants who looked after the male patients. The plaintiff (McLean) said in evidence he joined the Mental Health Division of the Health Department in 1941 when he began a three-year course as a psychiatric nurse at Avondale Hospital. After doing general duties at Avondale he was posted to a refractory ward. There were criminally insane, disturbed, excited patients and destructive patients in the ward. They became violent on occasions. Sometimes it was possible to tell when a patient was going to become destructive and sometimes not. Some patients acted impulsively. Acted As Escort

McLean said he had acted as escort for patients to various parts of New Zealand and also brought native patients from the Cook Islands back to New Zealand. There was some difficulty because two Such patients in a party could not speak English, but a third could and acted as interpreter. The master of the Maui Pomare had written a letter of appreciation to the superintendent of Avondale Hospital on the way his duties had been caried out on the voyage. McLean said he had had a good deal to do with occupational therapy. He was able to instruct, apart from being an attendant, in various types of mat making, knitting, woodwork and weaving. In 1950 he transferred to Kingseat hospital on promotion to deputy charge attendant. There were all types of patients there except the criminally insane. There was a medical staff of four and on the male nursing staff there was a head attendant, two assistant head attendants, the charge attendants, deputy charge attendants, staff attendants, senior attendants and non-qualified attendants. Male attendant was the term used but they were in fact phychiatric nurses. He was promoted to charge attendant in 1958 and was in charge of various wards. At Kingseat each ward was a villa and a self contained building. He was usually in charge of some 50 patients. He had been taught how to restrain patiente because they could become a danger to themselves or to others, and to prevent them escaping and becoming a danger to the public. He had been instructed how to restrain them with a minimum of force.

Referring to the statement in the article about sitting astride a patient, McLean said he would have no inclination to do that. It would be dangerous because the patient could roll him off very easily. He had been told early in his wrestling training that when on his feet always to be at right angles to the subject At the age of 16 he joined a wrestling union at Swanson, near Auckland, and at 20 he had his first bout as an amateur in the Auckland Town Hall. In 1939 he became a professional wrestler and eventually became the New Zealand light heavy-weight champion. He wrestled under the name of Mclver, as his brother was a referee of professional bouts in Auckland. y

McLean said that In dealing

with the.disturbed type of patient his wrestling training had helped. He would restrain a patient wi.h the correct amount of force. If a male nurse was apprehensive the patient sensed it and that sometimes led to trouble. When he read the words in “Truth” he thought they must apply to a Harold Wright on the staff at Kingseat, or to himself. He and Wright were the two most prominent wrestlers there aithough three other people claimed to be wrestlers In varying degrees of importance, but they were never as wrestlers.

McLean said that never at Kingseat or anywhere else had he sat astride a patient and rotated his thumbs in his eyes. McLean told of an incident in 1953 when he had to restrain a patient who was subsequently removed to the disturbed ward. He remembered it after reading the ‘Truth” article and looked up the records. The patient had been troublesome and was kept in an observation villa. He tried to reason with the patient, who said he was leaving the place. He could see the patient was going to punch him. He stepped towards the patient, took his arm and closed with him,, then pushed him on to a bed. He was not injured at all. The incident was quickly over. He had never had complaints from the relatives of patients. When he read the “Truth” article he was very hurt. A patient had drawn his attention to it; that made him very incensed. He would go out and see somebody and they would cover their eyes. He would go to the mess room and the conversation would stop. People had spoken to him about the matter and he wondered whether he should resign from a school committee.

Prospects In Service He regarded his prospects In the service as above average. Had he received an apology as requested from “Truth” he would have been happy. Cross-examined by Mr Dunn, the plaintiff said he and Wright both examined their consciences. Mr Dunn: The examination of your conscience took a full month?—No. Wright had a letter written on his behalf and obtained an apology?—Yes. That was done before you took any steps.—l had sought legal advice. At the end of February there was a meeting of the Public Service Association at Kingseat?— Yes.

Was this article on the agenda for that meeting?—Mr Wright announced action was being taken. Was there some discussion at the meeting about evidence that was to be given?—l can’t remember. I don’t think so. The plaintiff said the episbde to which he referred had taken place on a Sunday. He denied the alleged incident had occurred the previous night. The patient he forcibly restrained had previously attacked an attendant in a ward. It had not then been necessary to transfer him to the refractory ward. Mr Dunn: It was the subsequent attack on yourself that made it necessary to transfer him to another ward?—l believe it was the patient’s general behaviour. McLean said he believed a member of the hospital staff had made allegations against him. He could not remember whether he had had any difficulty with the patient on the Saturday. A suggestion that he carried the patient to a small room and assaulted him would not be true. A statement that he had to use a small receptacle to clean blood off the floor would also be incorrect. . • Mr Dunn: If it is said the patient’s clothing was removed when he was left in the cell that night with a pallias and a couple of blankets, what would you say? —lt is incorrect. William Leslie Douglas Harding, factory manager, said he was a member of the Auckland Wrestling Association and had met McLean in 1938 in a gymnasium. To Mr Grieg, the witness said he could not remember McLean going berserk in the wrestling ring.

The hearing will continue tomorrow.