‘Beggars belief’: Ongoing concern for the mentally unwell accused of crimes

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There have been ongoing issues finding suitable options for mentally unwell people who end up in the justice system in Taranaki. (File photo)

SIMON O’CONNOR/Stuff

There have been ongoing issues finding suitable options for mentally unwell people who end up in the justice system in Taranaki. (File photo)

A Taranaki defence lawyer exasperated about the treatment of the mentally ill who appear in court says at times it “beggars belief” and the situation needs an urgent fix.

Nathan Bourke has repeatedly raised concerns, in court and outside, about defendants with serious mental illness, who have either fallen through the cracks, or in his view, been let down by service providers.

The latest “disgrace” related to his client, who appeared in the New Plymouth District Court last month.

Described as “very unwell” by Judge Tony Greig, the court heard how a mental health report had found the man unfit to stand trial and in need of continued hospitalisation.

But he had since been discharged from Taranaki’s mental health inpatient unit, and was believed to be living under a hedge outside his parents’ home.

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The man’s alleged offending involves him breaching a protection order that his father held against him.

At the time, Bourke said the living situation of the man in light of his health issues was a “disgrace” which the judge agreed with.

In speaking out to the Taranaki Daily News about what happened, Bourke remained concerned for the welfare of his client, who had no place to live.

Taranaki criminal defence lawyer Nathan Bourke has spoken out about his ongoing frustration with how clients of his who are living with serious mental illness are dealt with. (File photo)

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Taranaki criminal defence lawyer Nathan Bourke has spoken out about his ongoing frustration with how clients of his who are living with serious mental illness are dealt with. (File photo)

In the past, the man had been found in an emaciated state after living on the streets for a period of time, he said.

Bourke said the situation was another example of the deficiencies in the way mentally unwell people who end up in the court system are managed.

“It just beggars belief.”

It follows another case of Bourke’s, which was described as an “absolute mess” by a district court judge, who called on the criminal and health systems to do a better job.

Tari Phillips, who at the time was mentally unwell and homeless, was dealt with by Judge Lynne Harrison in September last year, and she said his situation highlighted the difficulties of the crossover between the “two important systems” of mental health and justice.

The amount of judicial time those types of cases take was highlighted by Judge Greig, who on May 18, said he had spent most of that morning dealing with a “succession” of cases of people with a diagnosed mental illness “who mental health services are unable to properly care”.

A Taranaki judge told the court he hated having to send a vulnerable, mentally unwell woman to prison on remand, but there were no other options for her. (File photo)

Martin De Ruyter/Stuff

A Taranaki judge told the court he hated having to send a vulnerable, mentally unwell woman to prison on remand, but there were no other options for her. (File photo)

Along with Bourke’s client, another had been a woman with a mild intellectual disability and borderline personality order, who Judge Greig said he had no choice but to send to jail, despite hating having to do so.

The court heard how the woman had been a long-term client of Idea Services before “being ejected” and that the next provider was either “unable or unwilling to” take over the woman’s care.

The only other option was her parents, but now she had been accused of assaulting her father twice, landing her in court.

With no bail address available, Judge Greig reluctantly remanded her into custody ahead of her next court date.

Frustration with how the criminal justice and mental health systems work together has boiled over in the past. (File photo)

Lawrence Smith/Stuff

Frustration with how the criminal justice and mental health systems work together has boiled over in the past. (File photo)

He said he was dealing with a “young woman with clear mental health problems who is very likely to offend, who shouldn’t be in prison, but had nowhere else to go.”

Kevin Harper, chief executive of nationwide mental health advocacy service Changing Minds, said understanding the whole person was utmost, including their wants and needs in terms of managing their wellbeing.

A response to this could then be provided for by health, justice and other services, he said.

“This requires a collaborative, all of government approach, based on people’s experiences and expectations. Failure is predictable when there is a disconnect between people’s needs and system expectations.”

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