Amery Browne: Release Cheryl from St Ann's

[Jah Gol]

Amery Browne: Release Cheryl from St Ann's
Originally printed at http://www.trinidadexpress.com/news/Amery_Browne__Release_Cheryl_from_St_Ann_s-146206155.html

By Anna Ramdass anna.ramdass@trinidadexpress.com
April 4, 2012
The forced hospitalisation of a Government employee to a mental asylum was a shameful travesty that occurred in this country, says Opposition MP Dr Amery Browne.

Browne yesterday called on Prime Minister Kamla Persad-Bissessar and Health Minister Dr Fuad Khan to take immediate action to release Cheryl Miller from St Ann's hospital.

"I call upon the Minister of Health and the Prime Minister to immediately reverse this travesty, Mr Speaker I call upon the Minister of Health as well to make them investigate who made that call to the North West Regional Health Authority...who made that call to procure the mental health officers to resolve a simple office dispute and a citizen standing up for her rights in such a brutal and dictatorial manner," said Browne.

Miller, an employee of the Ministry of Gender, Youth and Child Development, was forcibly taken from the Ministry's office two weeks ago by mental health workers and taken to St Ann's hospital after a dispute with a senior Ministry official. She is still a patient there.

Browne criticised what he called the breach of Miller's rights at the Senate sitting yesterday in his contribution to the Regional Health Authorities (Amendment) Bill, 2011.

He disclosed that on Tuesday he met with Miller's family, work colleagues and former workmates who were all unhappy over the situation.

The Government, he said, was silent on this issue and speaking to everything else under sun while pretending to care about human rights and health care of the nation's citizens.

Minister of Gender Youth and Child Development, Verna St Rose-Greaves, on Tuesday said she was sorry for what happened to Miller but added that the action was taken out of concern for Miller's safety and those around her in the workplace.

Browne took issue with this saying, "The evidence presented to the public suggests that no violence or threat of violence to the self or anyone else was involved, this was simply a lady standing up for her rights...isn't that what the Parliament is all about? Defending the rights of the defenselessly?"

"Mr Speaker I am ashamed that a violation of human rights occurred right here in Tower D on the Waterfront of Trinidad and Tobago and it's a disgrace that two caring Ministries — the Ministry of Health and the new Ministry of Gender Child and Youth Development — had to find themselves at the core of this particular travesty," he said.

He said persons who were involved in taking the decision to send Miller to St Ann's hospital are now "withdrawing and pretending that they were not involved".

According to Miller's colleagues, said Browne, the Minister was seen interacting and speaking to her (Miller) before she was dragged off to the mental asylum.

House Speaker Wade Mark interjected and cautioned Browne to not bring the conduct of a Minister into question.

"It is clear that senior officials from the Ministry of Gender Child and Youth Development were very much involved in the decision to abuse the rights of this citizen and invoke the Mental Health Act in a manner in which in should never be implemented in a democratic society," Browne continued.

He noted that people who stood up for their rights were forcibly taken to mental hospitals back in the 1940s in the USSR (Union of Soviet Socialist Republics).

This approach, he said, must never be taken in this country.

"Any citizen can get to work on a normal morning and be concerned that the Government can call the mental health team to haul them away to a psychiatric hospital, this was not someone ranting and raving on the streets," said Browne.

Mark again intervened advising Browne that he cannot base his entire contribution on the Mental Health Act and he needs to make a connection to the Bill which deals with procurement.

Browne said the connection was clear- someone from the Ministry sought to procure the services of a mental institution to forcibly hospitalise Miller in abuse of the Mental Health Act. See Page 12 Opinion

[Jah Gol]

Workers picket ministry...'It could happen to any of us'
Originally printed at http://www.trinidadexpress.com/news/Workers_picket_ministry____It_could_happen_to_any_of_us_-146040015.html

By Renuka Singh
April 3, 2012
Responding to the institutionalising of Cheryl Miller, a small contingent of workers gathered outside the Ministry of Gender, Youth and Child Development yesterday demanding her release from St Ann's. Miller, they claim, was strong-armed out of the office by mental health workers after she raised her voice in the office.

The workers say Miller has been restrained at the St Ann's Hospital, St Ann's, for the past two weeks after another co-worker complained about her outburst in the office.

"The proper procedure was not handled, her family was not notified," said co-worker Jennifer Frederick-Taylor during the midday protest outside the Gender Ministry in Tower D at the Waterfront Centre, Port of Spain.

"The way that happened, it could happen to any of us," she said.

Frederick-Taylor said senior ministry officials called in the mental health workers after the incident at the office and Miller was instantly taken down from the 21st floor and escorted into an ambulance.

She said the Ministry higher-ups asked Miller to write up a report on the outburst and while she was penning it, the health escorts arrived.

Her sister, Donna Miller, joined the protesters, saying she visited her sister and she complained she was receiving injections.

"She being held there. She can't leave," Miller said. "She said two men held her down and gave her an injection last week Thursday," she said. Miller said she was considering her legal options since her sister was committed without family consent.

Opposition Member of Parliament Dr Amery Browne spoke with the workers.

"This is almost Stalin-esque," he said.

"In the days of the Stalin regime, you would hear about things like these happening. But the way this happened, it could happen to any of us, it could happen to anyone," he said. "They could send a battalion of mental health officers to collect any of us."

Browne said he intended to table the matter during the sitting of the Lower House later today. "This is a clear injustice. It is a sad day for all of us," he said.

[Bourbon]

Really concerning. How could they give her medication and whatever she was diagnosed with wasnt made known to the family etc?

How could they pick up this woman just like that and carry her to St. Anns...and when Lee Sing tried that with vagrants he was blocked and told he couldnt?


Joke is..they came and took her while she was writing out a letter of apology for her outburst.

I guess a SOE not needed to hold somebody against their will. 

[Bakes]

Really surprised to hear that someone could be institutionalized in such a summary... and seemingly capricious manner.

[weary1969]

FREE AT LAST. D court free her 2day.

[lefty]

FREE AT LAST. D court free her 2day.

ah hope she sue dey ass............and if the mister had a hand in dat ......she should get she ass sue too

[Jah Gol]

CHERYL GOES HOME
Originally printed at http://www.trinidadexpress.com/news/CHERYL__GOES__HOME-146500685.html

By Renuka Singh   
April 6, 2012
xCheryl Miller is now back at her Belmont home.

Miller walked out of the St Ann's Psychiatric Hospital at 5.20 p.m. yesterday after a Port of Spain High Court judge granted a habeas corpus writ, which sought to have her immediately released from the hospital.

The writ to have Miller released was filed by Public Services Association (PSA) president Watson Duke and People's National Movement (PNM) Senators Fitzgerald Hinds and Faris Al-Rawi late on Thursday night and was brought before the High Court at an emergency sitting yesterday.

The matter was heard before Justice Vashist Kokaram at 2.30 p.m. yesterday, on the Good Friday holiday, and ended just after 4.30 p.m.

The small courtroom was filled with members from both factions of the divided PSA and Miller's co-workers and family members, including her sister Doreen Miller and brother Hamilton Groden.

Her sister, who was tense and kept her eyes closed and head bowed for most of the proceedings, showed only a small smile when Kokaram delivered the final release order.

Miller, who was forcibly removed from her desk at the Ministry of Gender, Youth and Child Development 15 days ago and kept under watch at the mental institution, yesterday walked out in the company of her elder brother and sister.

Duke was with them as well.

In an urgent High Court hearing yesterday, Justice Kokaram ruled in Miller's favour and granted an immediate but temporary release until the second hearing of the case on Friday. 

Kokaram said he saw no reason why Miller could not be monitored by willing family members over the long holiday weekend.

"What is the harm in her conditional release?" he asked both legal teams.

Miller was represented by Senior Counsel Stanley Marcus, Hinds and junior attorneys from Equity Chambers, who argued that the granted habeus corpus writ was violated as Miller was not presented by the hospital at the court yesterday as expected.

But while attorney for the State Vashiest Maharaj admitted he had no time to prepare and said he only looked at the writ an hour before appearing before the court, he argued that the institution was in the right for not bringing Miller to the court.

Marcus argued that while Miller had everything to gain, the hospital had nothing to lose.

"There is no harm. Once she is released in a discreet and dignified manner," Marcus said.

The State attorney was mandated to produce any evidence that Miller fell under Section 15:1 of the Mental Health Act, which was the sole explanation that he gave for the removal of Miller from her desk.

Section 15 (1) of the Act describes the circumstances in which a mental health officer may apprehend an individual for the purpose of admission: if a person found wandering at large on a highway or in any public place and who, by reason of his appearance, conduct or conversation, a mental health officer has reason to believe is mentally ill and in need of care and treatment in a psychiatric hospital or ward, may be taken into custody and conveyed to such hospital or ward for admission for observation in accordance with this section.

Marcus countered that that section was specific to homeless people and others who roamed aimlessly, not someone sitting at a desk in an office. Kokaram agreed.

Maharaj also stated that Miller's sister was aware of her sister's "episodes" but never disclosed them to the hospital.

Miller is expected to have her case reviewed by an independent psychiatrist next Wednesday and to take her prescribed medications up until Friday's hearing.

"It's a relief. I am looking forward to her coming home and fitting back into her work as normal," sister Doreen said after the ruling yesterday.

"It had me real stressed out. I used to be visiting her three times a day. I was a nuisance to them," she said.

Miller said she hoped her sister would be able to go back to her job at the Ministry without any prejudice or "stigma" attached to her after the stay at the mental institution.

[Jah Gol]

Lawyer: Matter not over
Originally printed at http://www.trinidadexpress.com/news/Lawyer__Matter_not_over-146500675.html

April 6, 2012
Senior Counsel Stanley Marcus says the Cheryl Miller case is not over.

Speaking with reporters after yesterday's ruling to have her released, Marcus said while he was satisfied with Miller's temporary release, the St Ann's Psychiatric Hospital violated a court-ordered habeas corpus writ by not bringing Miller to the courtroom yesterday.

"It was a contempt of the court. The court's order, signed by the Registrar, should have been obeyed or a satisfactory reason given for her absence," he said.

Marcus said though Justice Vashist Kokaram asked why Miller was not presented to the court as ordered, he did not receive a reason.

"The lady was incarcerated for 15 days. Her constitutional rights have been infringed; it is a matter of liberty," he said.

"I will be filing a constitutional motion or a common-law action. The action is just a matter of getting over the weekend," Marcus said.

He said he learned Miller's newspaper was taken away from her, and her visitors were limited to 15-minute intervals.

"We need to deal with her directly, and we need more like 15 hours," he said.

Marcus said he was surprised the lone argument of the State was not even relevant to the case. State attorney Vashiest Maharaj said Miller was removed from her office under Section 15, which states someone could be taken away if they were found wandering in a public space.

"It deals with someone wandering in a public place and a highway, not someone working at her desk," Marcus said.

"This is not the end of the matter," he added.

[Jah Gol]

Duke, Hinds are responsible for patient, says Khan
Originally printed at http://www.trinidadexpress.com/news/Duke__Hinds_are_responsible_for__patient__says_Khan-146500665.html

April 6, 2012
Minister of Health Dr Fuad Khan yesterday slammed Opposition Senator Fitzgerald Hinds and Public Services Association (PSA) president Watson Duke for interfering with an ill patient's treatment.

Khan, in a telephone interview, said he had the Cheryl Miller medical report before him and pointed out that important medical treatment was being superseded by a legal writ.

"Anyone who goes and removes an ill patient in such a manner and uses a habeas corpus to remove someone against medical advice and against the advice of the specialist in the fields will have to be held responsible for that patient," he said.

Under doctor/patient privilege, Khan said he could not reveal Miller's diagnosis but confirmed her doctors indicated the "seriousness of the situation".

"The doctors would have explained the situation to both Hinds and Duke, and I will overturn any stone if something happens to that woman and hold both Hinds and Duke responsible," he said.

"If someone goes against a medical doctor's advice, the court or whoever, someone has to receive the patient," Khan said, adding the St Ann's Psychiatric Hospital will no longer be responsible for Miller.

"This is going to have serious repercussions for this patient. We as doctors know what's going to happen. Dr (Chief Medical Officer Ian) Hypolite is extremely qualified," Khan said.

"As doctors, we know that something is wrong," he said.

He charged both Hinds and Duke with using the Miller case for political mileage and bringing the legal aspects to score "cheap political points by jeopardising the patient's care".

"They are doing that without understanding the medical facts," he said.

Khan said almost all mental patients can look and act normal until a negative reaction was triggered.

"People with personality disorders can be fully functional until that one straw that breaks the camel's back. A person may then commit suicide or hurt other people around them," he said.

Khan said a specialist doctor can look at a case and intervene before that happens, "but when you have an interruption because of political carelessness, I, again, will hold those individuals responsible".

One psychiatrist suggested Miller may be suffering from paranoid schizophrenia, but when that question was posed to Khan, he would only say he was "not answering" that question.

Miller, who was described by co-workers as quiet and introverted, had an outburst in her office at the Ministry of Gender, Youth and Child Development just over two weeks ago.

Her case was highlighted by co-workers, who objected to the manner in which Miller was forcibly removed from her office by mental health workers and taken directly to the St Ann's Psychiatric Hospital without a referral from a medical doctor, according to standard protocol laid out under the Mental Health Act.

"I sorted that out; there is much more to the story, but the truth will come out later," Khan said, responding to the co-workers' concerns.

[Jah Gol]

Errors in judgement and abuses of power may occur with any government but the fact that Fuad Khan is trying to defend this is despicable. The opposition must take up this issue and carry it. No right thinking citizen can condone this. The Minister responsible for this needs to resign at the very least if not sued for violating a person's rights. 

[lefty]

Errors in judgement and abuses of power may occur with any government but the fact that Fuad Khan is trying to defend this is despicable. The opposition must take up this issue and carry it. No right thinking citizen can condone this. The Minister responsible for this needs to resign at the very least if not sued for violating a person's rights. 

dis gov't seems to love burdening itself with the weight of controversy, I seein a rough 2.5+ years ahead if dey cyah get dey act together
....man doin dey own ting
....outside forces practically rulin dey every move

dis country headin dong ah slippery slope and it have man still have dey head in d sand

[Bakes]

and bringing the legal aspects to score "cheap political points by jeopardising the patient's care".

"They are doing that without understanding the medical facts," he said.

Lol... so 'medicine' trumps the law now?  We should just ignore the "legal aspects" and let the State do whatever it want with post facto justifications?  Madness.

Khan said almost all mental patients can look and act normal until a negative reaction was triggered.

yeah well dai's true of even normal people.... but of course no one is suggesting police start locking up people vaille qui vaille just in case dey ketch a vaps and go off.

[elan]

and bringing the legal aspects to score "cheap political points by jeopardising the patient's care".

"They are doing that without understanding the medical facts," he said.

Lol... so 'medicine' trumps the law now?  We should just ignore the "legal aspects" and let the State do whatever it want with post facto justifications?  Madness.

Khan said almost all mental patients can look and act normal until a negative reaction was triggered.

yeah well dai's true of even normal people.... but of course no one is suggesting police start locking up people vaille qui vaille just in case dey ketch a vaps and go off.

[Bakes]

Haha... yeah, Khan on all kinda Minority Report scene... we need to lock she up, because she could go off any minute now.

[asylumseeker]

$.8m for wrongful arrest: Judge: No reason to conclude Cheryl Miller mentally ill
Rickie Ramdass (Trinidad Express)

PUBLIC servant Cheryl Miller, who was taken from her workplace in 2012 and kept at the St Ann's Psychiatric Hospital for more than two weeks before a High Court judge granted a writ of habeas corpus to have her released, was yesterday ordered by another judge to receive more than $800,000 in damages from the North West Regional Health Authority (NWRHA).

Justice Judith Jones delivered the judgment at the Hall of Justice in Port of Spain, ordering that the NWRHA pay Miller a total of $835,000 for her wrongful arrest and detention at the health institution. Four other defendants in the matter — the Attorney General, the permanent secretary and deputy permanent secretary of the Gender Affairs Ministry, and former minister of Gender Affairs, Youth and Child Development Verna St Rose-Greaves — were not found to be liable in the case.

The NWRHA now has 14 days in which to appeal the court's ruling.

The judge ordered that Miller receive $450,000 in general damages, $75,000 in exemplary damages for the treatment she received at the health institution and $310,000 in legal fees owed to her attorneys Stanley Marcus SC and Fitzgerald Hinds.

''Everyone here is against me'

Miller, who was employed at the ministry as an accounting assistant, was forcibly removed from her desk on March 21, 2012, by employees of the NWRHA, placed in an ambulance and taken to the hospital where she spent 17 days before being released following the granting of the habeas corpus writ by Justice Vashiest Kokaram.

She was detained under section 15 of the Mental Health Act, which states: "A person found wandering at large on a highway or in any public place and who by reason of his appearance, conduct or conversation, a mental health officer has reason to believe is mentally ill and in need of care and treatment in a psychiatric hospital or ward, may be taken into custody and conveyed to such hospital or ward for admission for observation in accordance with this section."

The Health Authority contended that its mental health officer, Koreen Jackson-Huggins, arrived at the conclusion that Miller was mentally ill given that Miller had a large black umbrella opened on her desk; she had on earphones from which emanated loud music; she appeared untidy, her clothes seemed soiled and her hair was unkempt. Also the Health Authority contended Miller said in response to an enquiry as to the nature of her problem: "everyone here, everyone here is against me, it goes on everyday, everybody doing me things, they even coming by the window."

Based on this, the Authority said Jackson-Huggins "became alarmed because if the claimant was seeing people speaking to her on the 21st floor, in her professional assessment of the situation it was possible that the claimant may have taken some drastic action which may have caused harm to herself or her co-workers."

One of the issues that had to be clarified during the trial was whether the ministry's office where Miller worked was a public place. Under the Act, a public place is defined as "any place to which the public has access with or without payment."

Challenging situation

In her witness statement, Jackson-Huggins said she approached Jasmine Pascall, the Ministry's Deputy Permanent Secretary and legal adviser, and informed her it was a "challenging situation" as she was only allowed to remove individuals from public places and was later advised that the office was in fact a public place. Jackson-Huggins admitted under cross-examination that she had doubts on whether the office was a public place but relied on Pascall's advice.

In her 34-page judgment, Justice Jones said: "I am satisfied that there is no evidence upon which I can come to the conclusion that Miller's cubicle at the Ministry's offices was a public place. It was in the accounting department in an area surrounded by other cubicles occupied by other employees of the Ministry. It was a work area. Since the work of the accounting department was highly confidential it would seem to me to be hardly likely that this would be an area to which the public would have access."

The judge further pointed out that given Miller was seated at her desk when taken away, it was clear that she was not wandering at large or at all. "While sitting at her desk Miller was wandering nowhere," said the judge.

Justice Jones said the utterances made by Miller could not have allowed the conclusion that she was mentally ill. She said the conclusion arrived at by Jackson-Huggins was not that Miller was mentally ill and in need of care and treatment at the mental hospital but rather that she may have been a danger to herself and to her co-workers.

"Further even when combined with the fact of Miller's appearance, the open umbrella on her desk and the headphones with loud music emanating, even if I accept the evidence, while it may suggest some eccentricity it does not in my opinion provide a reason to conclude that Miller was a danger to herself or to her co-workers as concluded by the officer, far less that she was suffering from mental illness and was in need of care and treatment at a psychiatric hospital or ward.

She said based on the evidence, she was satisfied that Miller would have been greatly humiliated and embarrassed by the manner of her arrest in the presence of her co-workers and in particular in the presence of those with whom she had a running dispute.

"This was further compounded by her being taken onto the public street and placed in an ambulance and even further aggravated by the widespread publicity that her apprehension and detention at the mental hospital attracted. The fact that calypsoes were composed and sung about her meant that the circumstances and manner of her detention were kept in the public eye thereby increasing and intensifying her humiliation and embarrassment," said the judge.


Miller thankful for the 'little bit'
(Trinidad Express)

EVEN though she was thankful the court ruled in her favour, Cheryl Miller said she believed she deserved greater financial compensation that was ordered, given the embarrassment and humiliation she was made to endure.

In a brief interview yesterday at her Belmont home, Miller said many individuals told her she "would not get a red cent" but was thankful for the "little bit" she was ordered to receive.

"I find I should get more but thank God for what I get, it better than nothing... The things I was made to suffer at the hospital, that amount of money is not enough. I could have died because those were two deadly injections they gave to me. They could have killed me with those injections," she said.

Miller said the effects of the treatment she was given persisted for quite some time and included her fingers becoming swollen and blue in colour. She said her brain was also swollen as a result of the medication. Apart from this, Miller said she was not willing to speak too much more on the ruling of the court until she had the opportunity to consult with her attorneys.

Her sister Doreen said she was also thankful the court ruled in her sister's favour and expressed gratitude to members of the public who showed support to Cheryl over the past three years and also to her attorneys, Stanley Marcus SC and Fitzgerald Hinds for their representation in the matter.

Subsequent to Miller being removed from her workplace, then Minister of Gender Affairs, Youth and Child Development Verna St Rose-Greaves had said she was sorry Miller had to be forcibly taken to the St Ann's hospital but the action was taken out of concern for other employees at the ministry.

"Whatever action was taken was first and foremost taken out of concern and care, people are suggesting there was victimisation, I cannot imagine what reason we would have for trying to victimise her," said St Rose-Greaves.

She stressed that her Ministry was a new one and there was a process of change which would bring about challenges.

"You have workers who are also suffering from issues of loss, of freedom,status, it's a new place and we are treating with that," the former minister had said.

"Even Cheryl's situation may have been as a result of the serious change because I don't think people understand sometimes how those things can affect people particularly if there's some predisposition to that," St Rose-Greaves was quoted as saying.

Efforts to contact St Rose-Greaves for comment on the judgment yesterday proved futile.