Hospital Superintendent Heard In Libel Claim

Press, Volume XCIX, Issue 29237, 22 June 1960, Page 16

Hospital Superintendent Heard In Libel Claim

(New Zealand Press Association)

WELLINGTON, June 21.

It was extremely unlikely that a patient at the Kingseat Mental Hospital could suffer injuries without the hospital authorities knowing, the superintendent of the hospital, James Jackson Crawshaw, said in the Supreme Court at Wellington, today. He was giving evidence at the hearing of a £3OOO claim by William Montague Alfred McLean, aged 45, a psychiatric charge attendant at the hospital, against Truth. (New Zealand), Ltd., for alleged libel.

Dr. G. L. McLeod, with him Mr I. A. Borrin, is appearing 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 statement of claim said that on February 16 “Truth,” in an article headed "Callous," had commented on New Zealand mental hospitals and referred to an allegation that a former wrestler attendant at the Kingseat Mental Hospital had sat astride a patient on the floor and rotated his thumb's on his eyes. A statement in the article alleged that the patient’s sight was temporarily impaired and that he was re-moved--to a refractory ward till his hemoconjunctive condition improved. The plaintiff, a former wrestler, was an attendant at the Kingseat Mental Hospital, and he claims that the article seriously injured his character and reputation. Crawshaw, superintendent at the hospital, said that McLean was one of the best charge attendants at the hospital. He had known him since he was transferred from Avondale nine years and a half ago. The . witness said he did not supervise the reading of patients at the hospital. They were able to read “Truth.” effect on patients of the words complained of in the article would be anything but good, he said. It would have a tendency to make staffpatient relationships deteriorate considerably. It was quite obvious that in some cases restraint must be used because of mental illness. He was confident that restraint was not used so much now because tranquillising drugs had reduced boisterousness to a large extent.

There was a small handbook of instructions for nurses on the subject of physical restraint and each member of the staff was given a copy. The books were signed for on receipt. Instruction to Staff The staff were instructed that physical restraint was the last thing they should use. They were to use other methods, such as persuasion, first. The restraint they had been taught to use was that they should close on a patient so that the minimum of strength was required. Striking a patient was regarded as a serious offence, and there was a penalty for it. He had very rarely had to deal with complaints about ill-treat-ment of patients, and he could not recall any instance at Kingseat of the dismissal of a temporary staff member on account of it. On one occasion, as a result of a report by the witness to head office, a permanent staff member was dismissed for improper behaviour. A patient made the complaint. The witness said he read the “Truth" article. He knew there were two former wrestlers on the staff, and their names came to his mind. He spoke to both of them. McLean and Harold Wright, during his rounds. He remarked to them that they had been adversely commented on. They were distinctly upset. The witness did not take the matter any further.

It would be extremely unlikely that a patient could be injured and the matter covered up. If an injury occurred it was the charge attendant’s duty to report it, and if he failed to do so the oncoming staff would want to know how or why the injury occurred.

Anyone could visit the hospital and walk about. Two men came to see him about complaints, and he understood they had been there previously without his knowledge. One of them gave his name as Sercombe, and he ’bought the other’s name was McEwan. Sercombe said he was a representative of a legal firm, and asked the witness if he could give him information on a case. The witness said he could not do so, as he was under a declaration of secrecy as a public servant.

Cross-examined by Mr Dunn, the witness said that when the hospital was opened by the Minister there was an informal afternoon tea. He denied that while this ceremony was in progress the patients were rounded up and sent for a long route march. Mr Dunn: Sercombe told you he came from my office? The witness: I’m not sure if he mentioned your name. He did say he represented a legal firm. Which was acting for "Truth”? —Yes.

Is it a fact all your staff have signed these secrecy declarations? —lt is.

What is the purpose of the declaration?—The matters concerning the hospital are not made public. Did you remind a man called Roberts of his secrecy declaration?—Yes, I did. He told me he had been interviewed by some people. When Sercombe went to see you, did he say he had seen Roberts?—Yes.

Does this secrecy declaration operate so that you may give evidence for McLean but not for "Truth”?—lf lam subpoenaed I have to give evidence.

In reply to his Honour, the witness said that he gave information to McLean’s counsel before the trial, and that to his knowledge some members of his staff had also given information to counsel. To further questioning the witness said he knew of no case fit Kingseat, corresponding to what was stated in “Truth” about eye gouging. Attendant's Evidence Alexander Roberts, a psychiatric charge attendant,’ saiid he joined the mental hygiene service in 1939, and since 1950 had been in charge of the disturbed ward at the Kingseat Mental Hospital. He remembered the transfer of a patient to his ward in June. 1953. He could not recollect his having injuries. If the patient had been injured he would have ensured a report was made out, to protect himself. The witness said he did not remember telling another member of the hospital staff he was worried about the case.

Mr Dunn: Did you tell him they wanted you to commit perjury? The witness: I have no recollection of saying that at all.

You would remember if you said that?—l am quite sure I would. \

Did you say you remembered the incident very well?—No. Did you say it made you sick at the time?—l am quite sure I didn’t.

Murdock McKenzie, head attendant at the Kingseat Mental Hospital, said no patient would be transferred from one part of the hospital to another without his knowledge. If a patient was injured an injury slip would be made out.

He remembered a patient being transferred to the disturbed ward. The patient was not suffering from injuries. McLean had come to his office and reported the patient had attacked him. The witness had then informed a medical officer Mr Dunn: Wouldn't there be a tendency for the staff to cover themselves if they had caused an injury?

The witness: They cannot hide an injury.

The hearing will continue tomorrow.