Monday, September 21, 2020

Above the Law?

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    I had this article brought to my attention today.

    The situation described in the article is an interesting one. An involuntary patient leaves the hospital without permission. She had therefore absconded, and the staff should then report this to the police, who will then attempt to locate and return the patient. I would imagine that staff in the hospital are aware that they can not simply roam the streets and grab anyone they wish and detain them against their will. That’s the job of the police.

    However, in this situation staff from the hospital decided that they would overstep the powers they have and just drag this woman back into their environment where they do have power over her.

    Now I have personally experienced the type of behaviour that the staff of this hospital have a reputation for. They are notorious thugs, and use private security to threaten and intimidate for the most minor infractions.

    So the woman has absconded, and staff grab her in the car park. She then kicks one of the nurses and is charged with assault. It is later decided that the staff did not have the power to deprive this woman of her liberty so the charges of assault are dropped by police. She was acting in self defense, and trying to stop others committing a crime against her. Good decision.

    I don’t know how many staff were involved in this deprivation of liberty, but they have all committed a couple of serious offenses. The police would have taken witness statements as a result of laying charges against the woman, and the evidence of both a deprivation of liberty and common assault is available. They would have made admissions of their criminal behaviour when describing the events.

    S 333 of the Criminal Code states that;

    333. Deprivation of liberty

    Any person who unlawfully detains another person is guilty of a crime and is liable to imprisonment for 10 years.

    That’s one serious offense that could quite easily be prosecuted. And given that there was a group of staff they would all be convicted. Add to this the common assault and one has aggravating circumstances.

    How nice of the police to drop the charges against the victim of a serious crime. I wonder when they will prefer charges against the real criminals here.

    “Oh I didn’t know I couldn’t just grab a person on the street” I hear the staff saying. To which I would reply ignorance of the law is no excuse, and are you admitting that you don’t know what your job is? “Oh but I was acting in good faith” I hear he staff saying. No you weren’t, you were breaking the law.

    They now have this victim of a serious offense locked in another hospital. I think her release may be dependent on whether she is going to make a complaint to police about the behaviour of the staff. See a conflict of interest here?

    Resolution prediction.

    Better staff training in the rights of patients (why though when they aren’t being observed anyway)

    Release from hospital upon signing a non disclosure agreement.

    Small ex gratia payment from Health Dept.

    No charges preferred.

    Above the Law? They sure as Hell are.

    Is it any wonder that the attitude in hospitals is one of just do whatever we want, and even if it’s criminal we will never be held accountable? The system is rife with this sort of behaviour where peoples rights are simply ignored, and should they react like this woman did by trying to defend themselves, they are subjected to brutality and forced drugging.

    Had I not experienced this first hand, I would never have believed that these ‘helping’ professionals would do such things. I sure know different now.

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