CLAIM AGAINST DOCTORS ‘No Justification Of Committal'

Press, Volume CVIII, Issue 31865, 18 December 1968, Page 34

CLAIM AGAINST DOCTORS ‘No Justification Of Committa l'

'New Zealand Press Association > AUCKLAND. December 17. | Two psychiatrists gave evidence for Robert Norman Mitchell in the Supreme Court at Auckland today in his claim for $12,420 damages from two doctors.

Mr Mitchell, aged 37, a labourer, is claiming $10,090 i general damages and $2120 special damages from William Birch Allen and John Huthwaite Ronaldson, medical practitioners, of Pukekohe. The case is being heard by; Mr Justice Speight. Mr J. S.' Henry appears for Mr Mit-,' chell and Mr G. L. McLeod, of Wellington, for Dr Allen and Dr Ronaldson. Cross-examined by Mr McLeod, Mr Mitchell said he did not think he had ever been completely without responsibility for his actions because of drink. He had struck his wife on one occasion. As far as he knew neither Dr Ronaldson nor Dr Allen had anything to do with his return to Kingseat on December 31. He had suffered a head injury about Labour Day week-end, 1965. He had also had a head injury years before going to Kingseat. He had had headaches for six or seven years earlier. Dr Roger Hector Culpan, consultant in psychological [ medicine, said he had perused I the Kingseat Hospital records' and the certificates of Dr! Allen and Dr Ronaldson. The facts in both certificates were, in his opinion, insufficient for a committal under the Mental Health Act, 1911. Dr Alien's opinion in the ; certificate was that Mr Mitchell suffered from unsound- :

ness of mind and was socially deficient. The only possible basis for unsoundness of mind in the certificate was a statement that Mr Mitchell was rather [withdrawn. Dr Culpan said. There was no indication of I his being socially defective. Dr Ronaldson’s certificate placed Mr Mitchell in the category of being socially defective, but there was no evi[dence of his being mentally [deficient, apart from a state[ment that Mr Mitchell was [of simple mentality. Dr Culpan said that if the (allegation in Dr Roraldson’s certificate were true this would not make Mr Mitchell certifiable, in his view. In the Kingseat Hospital records four possible types of psychological disorder were mentioned sexual perversion, psychopathic personality, alcoholism, and paranoid reaction. Dr Culpan said that if the first were proved it would be criminal and anti-social, but on its own would not be sufficient for committal. Mr Mitchell’s full-scale I.Q was 94, he said. This was not outside the normal range. Psychopathic personality must be based on historical details, he said. On alcoholism, there was nothing in the [hospital records that would [come under the act. I Dr Laurie Kalman Gluckman, a psychiatrist, said he was asked by a firm of solicitors to examine Mr Mitchell to see whether he had any mental diseases or illness. He first saw him on February 15, 1965, and carried out two intelligence tests and two psychological tests.

. A non-educational intelliIgence test gave him an intelligence quotient in the range of 92 to 103 and a test adapted for post-primary [standard gave a quotient of 93. The psychological tests (gave a normal personality [assessment. ) He saw Mr Mitchell again (in August and on September 10 recommended that he should be discharged from psychiatric hospital. He saw no evidence of psychotic disorder. Dr Gluckman said that in his view Mr Mitchell was not mentally deficient when he saw him in February, 1965. The facts shown in the certificates did not justify committal and there was nothing in Mr Mitchell’s Kingseat case notes which made him committable under the act. The hearing will continue [tomorrow.