Allegations of Abuse in Institutions


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The Dominion Post
June 5 2006

Mental hospital staff may face charges
Former patients claim abuse, beatings, rape and electric shocks
by Hank Schouten

The Crown Law Office is deciding whether former Porirua Hospital staff should be prosecuted over allegations of child abuse.

Former patients at the now-closed mental hospital have battled for years for compensation. About 120 former patients say they were abused, beaten, raped or given electric shock treatment as punishment while kept in the hospital during the 1960s and 1970s.

Government lawyers failed in an attempt to have a class action lawsuit struck out this year.

Detective Senior Sergeant Mike Oxnam said last night that the results of investigations into at least two complaints had been referred to Crown Law for a decision on whether charges should be laid.

A former patient, who is suing the Government for more than $1 million, said last night that he was still waiting to hear from Porirua police about a complaint he laid last year.

He claimed he was beaten several times by staff at the hospital. On one occasion he was knocked to the floor, kicked in the ribs and kidneys and grabbed by the hair. His head was knocked on the floor until he lost consciousness.

"I hope (the two male nurses who he says assaulted him) are prosecuted."

He said he was misdiagnosed and treated for conditions he did not have. He was given heavy medication and had electro-convulsive therapy 18 times.

"There was nothing wrong with me – the only thing I suffered was trauma from the treatment I suffered in hospital."

He had been diagnosed as suffering post-traumatic stress syndrome as a result of what happened to him. He was admitted for a total of 13 months between the ages of 14 and 17.

Records show that some of the children were as young as nine when they were placed in psychiatric institutions because of "behavioural difficulties".

Child, Youth and Family Services chief executive Peter Hughes said last night that during the past few years several child abuse complaints had been made against public agencies, including the former Social Welfare Department.

"Child, Youth and Family takes very seriously any allegations of abuse against children no matter when the abuse is alleged to have happened."

Child, Youth and Family referred allegations to police, if warranted, and would help police in any investigations.

While prosecution of former staff is being considered, Crown Law has been fighting the class action by the former patients. In a court judgment in January, Associate Judge David Gendall rejected a Crown attempt to have the legal action stopped.

He said the cases were still at an early stage of the court process and the factual situation was "murky at best".

He could not strike out the claims unless the Crown showed they could not possibly succeed.

Wellington lawyer Roger Chapman, who is acting for several former patients, said they were now waiting for another judgment on whether the Mental Health Act allowed claims such as those being made.

Another former patient, Beverly Jackson, who claimed she was physically and mentally abused when she was a teenage patient in Porirua Hospital, told TV1 last night: "They were supposed to be caring and protecting us, and they didn't, and they failed. And we want to know why they failed. We want some answers. We want some justice."