Hunters

     COONEY

LEESAND

MORGAN

SJ Ryan

BAK28500/011

Tauranga Office

28th April 1993

Mr M. Baker
42 Spencer Ave
MAKETU 3070

Dear Malcolm

RE:  MENTAL HEALTH INQUIRY -TOKONUI HOSPITAL

1.  Please find enclosed the report just received from the District Mental Health Inspector, Mr Bates.

2.  As is apparent from the enclosed report, Mr Bates finds (inter allia) that on the face of it there appears to have been some technical breaches of your detention by the Police, prior to committal to Tokonui Hospital. We refer in particular to paragraphs 3.10 and 3.11.
Notwithstanding the suggestion of technical irregularities in your detention, Mr Bates goes on to express his view that the committal action was appropriate in the circumstances of your case. Refer paragraph 3.15. Although expressing the view that there were matters to maintain a complaint to the Police Complaints Authority, Mr Bates goes on to say that he has some sympathy for the actions of the individual Police Officers, notwithstanding any technical non-compliance with the proper procedures. We refer, for instance, to paragraphs 4.2 and 4.3.

3.  Mr Bates finds in other respects, the actions of various medical practitioners were proper.

4.  Mr Bates' finding at paragraph 4.3 that the Police may technically have been acting in breach of authority to detain you, may give rise to you having a legitimate cause of action against the  individual Police Officers for false imprisonment. Subject to any findings of the Police Complaints Authority on your allegations specified in paragraph 5.5 of the report, we would tend towards the view that in the circumstances of your case you would be entitled to only nominal damages, if any, and we do not consider that your case would warrant the issuing of civil proceedings against the Police for any breach of the Mental Health Act.


.....

Yours faithfully
COONEY LEES & MORGAN

(Signed)

Stuart Ryan
Encl
21/77/gmw/1p