Tougher test for `insane' killers
11.10.1999



By: Tony Koch



VICIOUS killers and rapists who escape trial by claiming insanity will face tougher scrutiny under a new Mental Health Act.
The legislation replaces the existing Mental Health Tribunal with a Mental Health Court which will operate similarly to a criminal court.
The new court will accept material and statements from victims as well as others who would not necessarily be allowed to appear at a criminal hearing.
Health Minister Wendy Edmond said the change took into account the many complaints received from victims and the families of victims.
``I have tried to keep a balance between providing for people who are ill and ensuring the safety of all people concerned, including the patient, victims and the general public,'' she said.
Work on the legislation began in 1993 and it is expected to be introduced next year.
Several Queensland cases have sparked public outrage when the brutal killers of young women were committed as mental patients to the John Oxley Hospital. In several cases, the killers escaped.
Two recent cases were Ross Farrah, who kicked Christine Joanne Nash 25 times in the face and then strangled her at Coolum in 1995, and Claude Gabriel, who stabbed Janaya Clarke 13 times on the Gold Coast in 1998.
Both were sent to John Oxley and both escaped and had to be recaptured.
Ms Edmond,who has sent copies of the new 257-page Mental Health Bill to interest groups, said the new court could hear evidence from a victim on their observations about the offender, and prior relevant conduct or convictions.
The present Mental Health Tribunal is made up of a Supreme Court judge and two psychiatrists.
The new court will be the same, but the psychiatrists' advice will be recorded and given in public. All victims will be advised of proceedings.
Formal rules of evidence will be adopted and evidence will be given on oath and be subject to cross-examination. Rulings could be challenged in the Court of Appeal.
The five Patient Review Tribunals across the state would be replaced by a single Mental Health Review Tribunal. A member of the community with a special interest or knowledge concerning mental illness would be on the three-member panel which could be expanded to five for major cases.
Leave or discharge for patients would be decided only the the Mental Health Court or the Mental Health Review Tribunal.