Man Claims He Was Wrongly Certified

Press, Volume CVIII, Issue 31864, 17 December 1968, Page 34

Man Claims He Was Wrongly Certified

(New Zealand Press Association)

AUCKLAND, Dec.. 16.

The hearing of a claim for $12,420 damages against two Pukekohe doctors began in the Supreme Court at Auckland today before Mr Justice Speight.

The claim is brought by a man who, in 1964, was certified by the doctors as being a mentally defective person requiring detention. Robert Norman Mitchell, aged 37, a labourer, is claiming $lO,OOO general damages and $2420 special damages from William Birch Allen and John Huthwaite Ronaldson. medical practitioners, of Pukekohe. Mr J. S. Henry appears for Mr Mitchell, and Mr G. L. McLeod, of Wellington, for Dr Allen and Dr Ronaldson. In his statement of claim, Mr Mitchell says that on October 29, 1964, at the Pukekohe Magistrate’s Court, the doctors certified that he was in their respective opinions a mentally defective person within the meaning of the Mental Health Act, 1911, and that he required detention as such a person. He claimed that they further certified that in their opinions he could properly be classified as being socially defective. He claims that the certification and opinions were given by each defendant negligently and without reasonable care. As a result, Mr Mitchell claims, he was wrongfully committed to Kingseat Hospital on October 29, 1964, and wrongfully detained there until September 14, 1965. In their statement of defence, Dr Allen and Dr Ronaldson deny the allegations. In evidence, Mr Mitchell said he was now separated from his wife. They were married in 1951 but the marriage was not a happy one. In 1962 his wife made an allegation about his interfering with a daughter. The police investigated and the girl was taken to be examined. He heard nothing further. His wife afterwards made further allegations. He said he had never interfered with his children. On October 29, 1964, he said, he was approached by the police at his work and told he was under arrest. They took him to the police

station. He waited about 30 minutes before Dr Allen arrived. Mr Mitchell said Dr Allen; told him it was a sticky business. Someone was going to; be hurt and he was making I sure it was not Mr Mitchell’s wife and family. The doctor} said there had been reports} of his interfering with his daughter. The doctor had not asked him to do any tests and did not make any physical examination. Mr Mitchell said he had known Dr Allen about eight years. Dr Allen was the doctor for the other members of his family and had attended him. He had once been to Dr Ronaldson. After Dr Allen left, said Mr Mitchell, he waited about five or 10 minutes before Dr Ronaldson arrived. The doctor asked him what day it was and what the time was and who was the Prime Minister.

Mr Mitchell said he never i spent leave with his wife again. He went to his par- } ents’ place. } Mr Mitchell said he was re- [ leased on long leave on March j 30, 1965, and never returned to Kingseat. He obtained his discharge on September 14. ! 1965. His wife began separation (proceedings in the Magistrate’s Court and in November, 1965, obtained a separation order on the grounds of mental cruelty. Dr Allen gave evidence for her at the hearing. The hearing will continue tomorrow.

Dr Ronaldson had asked him about his daughter, said Mr Mitchell, and he denied the allegation. The doctor said he would be going to Kingseat. He was then taken before two Justices of the Peace. One of them had said he was going to Kingseat and when he came out he would be well, said Mr Mitchell. He replied that he wasn’t sick in the first instance. - Mr Mitchell said he was then taken to Kingseat. He had never previously had treatment for mental illness. At Kingseat, he said, he had sedation pills for the first couple of days and then nothing. He was told that being there was treatment enough. He was given leave at Christmas, 1964, and the doctor there had told him and his wife that if his time at home was satisfactory there would be no need for him to come back. Mr Mitchell said that on December 30 the Kingseat car arrived while he was painting his house and the men in it said he was to come back with them. He accused his wife of getting them and she said it was Mr Frazer, a child welfare officer.