A STATE APART
14.09.1996
By: KOCH A
QUEENSLAND is the only jurisdiction in the Commonwealth with a
Mental Health Tribunal which establishes before any trial whether an
accused is fit to face trial, or was of unsound mind at the time of the
alleged offence.
The tribunal, which has operated for 12 years, is constituted by a
Supreme Court judge assisted by two specialist psychiatrists.
In other jurisdictions the mental competence of an accused usually
is left to juries to determine.
In the year to June 30, 1995, the tribunal dealt with 137
applications. Its findings were that in 85 instances the person was of
unsound mind. In 28 the accused was found fit for trial.
If a person is found to be of unsound mind and is committed to a
psychiatric hospital, subject to very limited appeal rights by the
attorney-general, that is the end of the matter.
If an accused is found to be of unsound mind (as in Ross Farrah's
case), he or she may appeal to the Court of Appeal and ask to be
brought to trial, but few choose that course.
There is no provision for any interested victim _ or the
attorney-general _ to dispute the finding of unsoundness of mind, and
no right exists to require the determination to be made by a jury.
Tribunal head Mr Justice Paul de Jersey issued a strong warning to
authorities who might, in the future, consider releasing Farrah. But in
reality that carries little weight.
Under the system, the notions of treatment and punishment cannot be
confused, and ""patients'' are sent to the psychiatric hospitals for
treatment, not punitive detention.
The Patient Review Tribunal cannot legally order that Farrah be
held in the hospital if he is not in need of further clinical
treatment.
And the Mental Health Tribunal was told as far back as May that
there was nothing further ""clinically'' that could be done for Farrah
at the John Oxley Memorial Hospital.
As the Mental Health Tribunal has made its finding and the Crown
failed in its subsequent appeal, Farrah cannot be charged with any
crime in relation to the homicide of Christine Nash.
