Australia: Guilty until proven innocent

Woman, 71, held for 9 days by mental health chiefs. This should not be allowed without judicial supervision. The woman should have appeared before a judge or magistrate before she was incarcerated

QUEENSLAND Health has defended a system of involuntary admission for people suspected of being mentally ill, after a 71-year-old woman complained of being handcuffed and incarcerated for nine days without cause. Self-described ''free-spirited'' artist Joanna Antonellie, of Stanthorpe, said emergency services forcibly removed her from her home and took her to Toowoomba's Acute Mental Health Clinic on August 25.

Ms Antonellie, who suffers from multiple sclerosis, does not know what triggered her admission but believes she was subject to an Emergency Examination Order (EEO) or Justice Examination Order (JEO) under the Mental Health Act. An EEO can be made by a police officer, ambulance officer or a psychiatrist to detain a person immediately for six hours and for up to 72 hours after examination. A JEO allows someone to apply to a magistrate or JP to have a person undergo a non-urgent mental health assessment within seven days.

Ms Antonellie said she spent a total of nine days in hospital - six days voluntarily for observation - and was examined by three psychiatrists, but was not found to have a mental illness. ''I want to find out why this happened,'' Ms Antonellie said. ''It's not right that this can happen in Australia.''

The former vet nurse, martial arts devotee, counsellor and crocodile hunter was at a loss to explain a motivation, except jealousy or misunderstanding. "I'm an artistic person and I've been an adventurer. I've lived the sort of the life I think people would probably be jealous of,'' she said.

Ms Antonellie has lodged complaints with local member Lawrence Springborg, the Crime and Misconduct Commission and Queensland Police, and has also lodged Freedom of Information requests with various government departments.

Queensland Health senior director Dr William Kingswell said he could not comment on specific cases for privacy reasons but defended the system as an ''important'' tool. "Yes, it would be possible for (JEOs) to be misused but in practice it would be uncommon because you've got to persuade a magistrate (as to the person's illness),'' he said. [That's a laugh. Police know which magistrate will give them whatever they ask for and go to that one] "The strength of this mechanism is for people at their wit's end trying to get treatment for a mentally ill person.''

A QPS spokeswoman confirmed a complaint was being investigated, and said Ms Antonellie was warned handcuffs would be used if she continued to abuse officers.

Original report here. (Via Australian Politics)



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