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NZ Herald
May 1 2007

Human rights complaint over hospital assault allegations
NZPA

Wellington lawyer is laying a complaint with the Human Rights Commission over the way police treated recent allegations of assault on patients in a secure mental health unit.

The complaint follows the sacking of three staff members from the Haumietiketike secure unit in Porirua Hospital, north of Wellington, in relation to two separate alleged assaults on patients.

Barrister Michael Bott said police acted in a discriminatory way by holding off investigations until the unit had completed its own internal inquiries. "When someone in the community is assaulted, say in a supermarket, the police don't stand back while New World or Countdown goes ahead and undertakes their own internal investigations, they investigate before they decide to prosecute," he said.

"In this case, it appears the police are standing back allowing an internal inquiry to unfold before, in essence, these intellectually disabled people have their complaint taken seriously," Mr Bott said.

"So what there appears to be is two standards in terms of the way in which police take these complaints. I think that's improper and discriminatory."

Wellington police spokeswoman Toni Barlow said officers were investigating one complaint laid on behalf of a Haumietiketike patient on March 6 and would not comment while it was under way.

In relation to a second alleged incident, Ms Barlow said a formal complaint had not been laid with police.

"Police have been told that Capital and Coast District Health Board are conducting their own internal investigation in relation to this allegation," Ms Barlow said.

Police were not called to the second alleged incident, becoming aware of it several days later. A formal complaint was needed before an investigation could be launched.

Mr Bott said he was drafting a formal, written complaint to the commission. "Hopefully, we then get a finding after they receive both points of view."

It was disclosed last month that three people had been sacked from the Haumietiketike unit after assault complaints.

Nigel Fairley, Capital and Coast's director of forensic, rehabilitation and intellectual disability services, said that in February two staff members at the unit "allegedly" assaulted a male patient.

"Those staff were immediately suspended. An internal review of the incident was conducted and, as a result, the two staff members were dismissed."

Last week, it was disclosed a third staff member had been sacked from the unit after an assault complaint from an intellectually disabled patient.

Board communications manager Michael Tull said the alleged incident occurred at Easter and police notified.

The staff member was immediately suspended and, after an internal investigation, was dismissed.

Ministry of Health disability services chief adviser Lester Mundell has denied there was a pattern of abuse in the unit.

"A number of incidents will occur with a population of people like this. Those are properly documented and the more serious ones are brought to our attention."