GARTH DANIELS - Freedom of Movement

Article 10
2(a) "Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatments appropriate to their status as unconvicted persons".
                                International Covenant on Civil and Poltical Rights

More than seventeen months held  at Thomas Embling Forensic Hospital Fairfield, in the State of Victoria, Australia, Garth Daniels presented and eloquently stated his case before the Mental Health Review Board..

The MHRB after consideration of the views expressed and documentary evidence presented by the parties subsequently discharged Garth Daniels on Friday 24 August 2012..., was Garth Daniels detention lawful ? 

GARTH DANIELS - "Fighting for Survival"

".. satisfied that the transfer will be of benefit to the patient or is necessary for the patient's treatment; and..."                                 Mental Health Act 1986 ( as amended)                  
                          
...so it was that A/Prof.Sean Jespersen, Clinical Director Frankston Mental Health transferred Garth Daniels to Thomas Embling Forensicare Hospital (sic).  And, Dr. Hemlata Ranga the accepting consultant psychiatrist fraudulantly classified Garth Daniels as a Section 16(3)(b) patient. ( a prisoner/forensic patient) 


What have been the benefits to date for Garth Daniels?  He has spent fifty-seven straight days in isolation/seclusion... thats approximately 1300 hours.   Brutally bashed on 24 April 2012 culminating in a fractured cheek/jaw bone and again bashed in the same manner on 17 May 2012 with no follow-up on the potential injuries that may have been sustained including the fractured jaw/cheek bone.



ACTUAL PHOTOGRAPHS OF GARTH
25 April 2012

Blurred vision, sore eyes, oculogyric movements of the eyes, tardive dykensia, memory impairment - ADR's - adverse drug reactions perhaps?  Apparently non exsistant according to his minders at Thomas Embling.

17 May 2012 insults sustained to the same facial region..not once ..but twice.. despite assurances that appropriate action had been taken to ensure that it would not happen again.  BUT, it did happen again and again and again.

Incarcerated within the confines of a three meter high wire cage in excess of seventeen months and counting. MAD-Mind Altering Drugs prescribed in excess of the manufacturers recommended safe dosage without consent.  Locked in isolation for fifty-seven days roughly 1300 hours for necessary treatment(sic). Brutally assaulted by inmates and left with a fractured jaw/cheek bone ( Zygomatic Arch) confirmed by CT Scan... but not permitted surgery or alternative opinion of choice of physician.  Yet this priviledge is extended to those incarcerated at Thomas Embling by the Courts.

Treatment contrary to second opinion/s obtained.  Tablets crushed before being administered with no cognizance of rate of metabolism culminating in probable toxicity.   ADR's - Adverse Drug Reactions reported by Garth to the "treating team" . blurry vision, sore eyes, sore throat, oculogyric movements of the eyes, memory impairment... disregarded as if its' none exsistant.   Once again insomnia appears to be entering the equation... a paradox perhaps of the over prescription of Zyprexa ?

"Treating Team" refuses to discuss any issues about Garth with the parents who are in turn directed to speak to the ever elusive psychiatrists...  Dr. Hemlata Ranga the treating psychiatrist still refuses to speak to the parents... and continues with her prescription of polypharmacy (Amisulpride, Benzodiazapines and Zyprexa).  The Zyprexa being prescribed over and above the manufacturer Elli Lillys maximum recommended safe dosage - and contrary to the wishes of Garth and his parent who holds Enduring Power of Attorney Medical and Guardianship.  Obviously, Dr. Hemlata Ranga is oblivous to the consequences of her blatant disregard of these legal documents. As was Dr.Gunvant Patel, Assistant Clinical Director who acted via proxy communicating the "treating teams" decisions to the parents, and; has now gone on leave, never having examined Garth while at Thomas Embling

Now its the Clinical Director, Dr. Maurice Magner... Perhaps Dr. Maurice Magner still considers that Mr. Daniels senior is too emotionaly charged to meet with him...  Instead he chose to speak to Garth who had yet again been forced to endure another 75 hours plus in seclusion... and released back into the Argyle Ward on Saturday afternoon 30 June 2012.   Garth is still being treated without informed consent... 

What is the significance of Australia being signatory to the Declaration of Helsinki...the Nuremburg Codes...the U.N.Convention Against Torture...????   Is it possible that those psychiatrist treating Garth Daniels have forgotten that once they were doctors?  Is the Hippocratic Oath not ... FIRST, DO NO HARM?   

Side Effects and Warnings

Benzodiazepines


While benzodiazepines can improve the quality of sleep, these drugs are known to cause a number of side effects including stomach upset, blurred vision, headache, dizziness, impaired coordination, depression, trembling, nightmares, weakness, memory loss and clouded thinking.- If any of these effects persist or worsen, inform your doctor promptly.

                                                               http://toxipedia.org/display/toxipedia/Benzodiazepines

GARTH DANIELS - Thomas Embling - Duty of Care

                                      ACTUAL PHOTOGRAPH OF GARTH DANIELS 
                                                             depicts the first assault...


Following is the result of the second assault....CT Facial Bones Examination:
"...imaging has been performed of the facial bones with no prior imaging available for comparison... There is, however a fracture through the left zygomatic maxillary suture noted with infra medial displacement of the zygomatic process by 3mm...ED has been informed."
                                                            25/04/2012 Radiology Department, Austin Health.

...Brutally assaulted for the second time on the 24 April 2012!!   On 25 April a CT Facial Scan of Garth Daniels who was taken to the Austin Hospital Emergency Department some seventeen hours after being brutally bashed in the Argyle Unit at Thomas Embling, revealed a fracture of the jaw/cheek bone  (Zygomatic Arch).

What has been done about this fracture?  Absolutely nothing! To add insult to injury on Thursday 17 May 2012 at approximately 12:30 pm Garth Daniels was again brutally assaulted (third time)  Ten minutes later at approximately 12:50pm Garth Daniels was assaulted yet again...(fourth time).  An examination by the "psychiatric medical registrar" after the third and fourth assaults, the parents and Garth Daniels were "informed" that no further treatment for the sustained attack "is" necessary.  Is this this not in conflict with the report of the Radiologist?  Is this Thomas Embling Forensicare Hospital which claims to be a world class facility??

FIFTEEN MONTHS OF IMPRISONMENT AT THOMAS EMBLING...FIFTY-FIVE DAYS IN SECLUSION!!!!... BRUTALLY ASSAULTED...NOT ONCE.. BUT THREE TIMES...TEN  MINUTES AFTER THE SECOND ASSAULT... BASHED A THIRD TIME!!!

Garth Daniels is the most passive and caring individual...contrary to the image his treating psychiatrists  are poised to project...  with no criminal conviction and REPORTEDLY "legally" incarcerated and yet exposed to such violent and vicious attacks.  Garth Daniels intra-muscular injections have ceased...his insomnia cured and his cognitive mental state stabilized!  What justifications are there for continuing Garth Daniels forced incarceration?

Garth Daniels is now fearful for his life... no less so than his parents who are acutely aware that in 2009 two patients had been murdered by a fellow patient... Thomas Embling has demonstrated that Garth Daniels safety can not be guaranteed.   Garth Daniels is well...and should  immediately be discharged into the care of his parents...

Garth Daniels is being deprived of his liberty,  Garth Daniels is NOT a Garry Davids....Garth Daniels is NOT A THREAT TO THE COMMUNITY... Garth Daniels is AT RISK OF BEING MAIMED ....IF NOT BEING KILLED..OR..MURDERED ... Garth Daniels parents have persistently protested that their son Garth Daniels is illegally detained and falsely imprisoned at Thomas Embling. The Daniels family want nothing more than the return home of their son.

FREE GARTH...

GARTH DANIELS - An Insomniac's Nightmare

"The standard conception of legal ethics simply amounts to an Insititutional immunity from the requirements of conscience", Professor David Luban, Georgetown University, Washington.D.C.

The RANZCP ( Royal Australian and New Zealand College of Psychiatrist) confers the award of Fellowship to those who successfully meet it requirements, ethical standards and successfully completes it training programme and examinations. Fellowship does not mean immunity from the requirements of law...  quite the contrary...  Consider the plight of Garth Daniels...

Garth Daniels requests a review of his treatment in the community in order to address his insomnia. Instead, he is transferred to a dangerous place...a forensic facility for the criminally insane...and by the stroke of a Fellows pen is  fraudulently classified as a  Security patient...subjected to an involuntary treatment order for assessment by forced drugging.  The parents are informed that the classification is merely attributed to error and reportedly corrected. 

Garth Daniels due to the nature of the adverse drug reactions (ADR) is put in solitary confinement for more than 1300 hours...55 days to be more specific and family contact was denied. Requests for leave in order to consult with physicians in the private sector is denied...with his dentist is denied.   The irony is that those "patients" at Thomas Embling progressed through the judicial system may at their own exspense consult with a private doctor of their choice and be permitted leave in order to do so... Yet, the Daniels family request for such leave for their son Garth...who has not committed any crime is denied.

ANZAC Day 25 April 2012 Garth's parents arrive at Thomas Embling and are told that their son had been assaulted the previous night and would be sent to hospital.  Hospital!!! Information about which hospital their son is sent is denied as are details about the assault.  The emotional trauma at not knowing what occured and  even more disturbing not being told which hospital their son had been sent to defies logic.  For Garth's parents logic prevailed and they raced off to the closest hospital...ironically away from the Forensic Hospital(sic) where Garth Daniels had been sent for his "benefit" and "necessary treatment".

They found Garth Daniels at the Austin Hospital emergency rooms...handcuffed...and handcuffed to a security guard from Thomas Embling.  Garth Daniels had been bashed... a swollen face..blackened eye...and bruises across his cheeks...a fractured cheek bone (Zygomaticus arch).  Less than five years ago..two "patients" were murdered at Thomas Embling...in a low secuirty area.  Garth is in the acute Argyle Unit.

How long will it be before Garth Daniels...whose only crime appears to be a diagnoses of "mental illness" ... How long before Garth Daniels is killed... How long before Garth Daniels is murdered???  How long will Garth Daniels be detained illegally????

Garth Daniels should IMMEDIATELY BE DISCHARGED INTO THE CARE OF HIS PARENTS. Or is this just the beginning of an insomniac's nightmare...having to remain awake...to ensure he is not  assaulted...or murdered...???? 
 

GARTH DANIELS - Seclusion: The Invisible Torture

"Hospital: A health care facility that provides beds, nursing services, organised medical staff for diagnosis and treatments for both surgical and medical patients for a variety of diseases and disorders". Mosby's Medical Nursing and Allied Health Dictionary, 3rd Edition.
 
Fifty-one days in solitary confinement, isolation, seclusion call it whatever you may...  add to this a combination of  neuroleptics  (psychiatric drugs) and the psychological effects of isolation 24/7...its mind altering... its an invisible torture... well documented in South Africa.  What about the hypothalamus and pituitary and what is the patients renal function at this point in time?...  What about Hyponatremia...an electrolyte disorder...the risk of mortality associated with potentially adverse outcomes? 

Saturday 24 March 2012 the patient...Garth Daniels...was removed from the seclusion room and permitted to sleep and remain in the secure open ward.  Is this Thomas Embling Forensic Hospital ?  Forensic yes! Hospital remains a question of definition...

Garth Daniels is not free.  STOP PRESS Thursday 29 March Garth Daniels was ushered back into solitary confinement,

GARTH DANIELS - A Question of Definition

"Forensic psychiatry is a branch of psychiatry that deals with legal issues and problems relating to mental disorders especially the determination of insanity for legal purpose."  Mosby's Medical Nursing & Allied Health Dictionary, 3rd Edition.

On 14 February 2011 without being summons to a court or being guilty of any legal issue either current or pending, it has now been established that Garth Daniels was sent to Thomas Embling Forensic Hospital(sic) by a psychiatrist...because it was considered to be "of benefit" and "necessary" for his treatment.   ....not for the determination of insanity for legal purposes... because there were none.


Is it that Thomas Embling security patients (of which Garth Daniels is not)are subject to "detention" which dictates that treatment of such patients are perhaps given so not designed for their release?

Now after more than 365 days of "necessary ' treatment for his "benefit" Garth Daniels at this time has been incarcerated 24/7 for  more than thirty days in solitary confinement...and counting...with no end in sight.

There were no legal grounds for his incarceration in a forensic facility.    Is this an attempt to create a state of "insanity for legal purposes..."?  Is this to justify his illegal imprisonment?


Comment below or email freegarth@gmail.com

GARTH DANIELS - and - UN Special Rapporteur on Torture Revisited - Solitary Confinement

"In modern prison systems of the world one can trace the origins of the philosophy of rehabilitation through isolation to the Pennsylvania prison model, developed in the 1820s at the Cherry Hill Prison. The aim of the model was to rehabilitate criminals through solitary confinement; prisoners spent all their time in their cells, including work, in order to reflect on their transgressions and return to society "morally cleansed" *
*U.N.General Assembly 28 July 2008, sixty third session Item 67 (a) of the provisional agenda* Promotion and protection of human rights:implementation of human rights instruments.


On 28 Janaury 2011 Garth Daniels admitted himself to Peninsula Hospital Frankston as a result of an adverse reaction to a prescribed Community Treatment Order intra-muscular injection, and; found himself transferred to Thomas Embling Forensic Hospital(sic). Garth Daniels has been held at Thomas Embling for almost 365 days. Since 25 January 2012 Garth Daniels has been kept in solitary confinement for 24 hours a day.

"Considering the severe mental pain or suffering solitary confinement may cause, it can amount to torture or cruel inhuman or degrading treatment or punishment when used as a punishment, during pre-trial detention, indefinitely or for a prolonged period, for persons with mental disabilities or juveniles"; Juan Mendez U.N.Special Rapporteur as quoted in the UN News Centre 18 October 2011.

In April 2008, an Australian Supreme Court Judge Bongiorno in a terrorist trial over mistreatment of prisoners inside the maximum security Acacia Unit, about 60 kilometetres from Melbourne, noted that the defendants had been kept locked in individual cells for up to 23 hours a day, with severe restrictions on receiving visitors.... Why is Garth Daniels who is not a terrorist being locked up in solitary confinement for 24 hours a day?

Judge Bongiorno in relation to the prisoners confinement summed up the testimony of Dr.Douglas Bell, a government forensic psychiatrist, in these terms: "Dr. Bell considered that in the circumstances of the applicants it is more likely than not that an ordinary person would experience significant psychological and emotional difficulties. These difficulties are likely to have a significant effect on the applicants' ability to concentrate or to remember things from day to day or week to week... He considered that...would be likely to impact to a significant extent on the cognitive mental functions..."

Consequently, Judge Bongiorno required the authorities to carry out a list of alterations which included 10 out-of-cell hours per day when the inmates were not attending court.( see Blog dated 2009) What is required to have Garth Daniels out of solitary confinement? How is it that after 365 days of treatment in a hospital albeit a forensic facility, Garth Daniels is confined to solitary confinement?

Ironically, Dr Douglas Bell is the Assistant Clinical Director (Inpatients and Prison Operations) at Thomas Embling, who has taken leave. Yet, Garth Daniels who is not a terrorist...Garth Daniels who has not committed a crime...in fact Garth Daniels who is an Australian Citizen, at this time remains in solitary confinement without any indication from the treating psychiatrist, Dr. Hemlata Ranga when this will cease. Is the physicians oath not First, do no harm?
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