Kerry O'Malley has been a victim of unjust Community Treatment Orders (CTO) for 47 years. Currently Kerry faces the violation of monthly forced injections, which cause the debilitating side effects of anxiety and depression. Justice Action has been an advocate for Kerry since 2015 and this month her case is finally brought before the Supreme Court.
Kerry has no criminal record. She is a non-violent, loving mother of five children and she deserves to have autonomy over her body. Her case shows a serious denial of human rights, with no evidence of any 'risk of serious harm' to justify a CTO.
With Kerry's next injection scheduled Monday, we are pleading the NSW Health Authority to guarantee that no forced medication be administered until the matter is resolved in Court.
Her "medication" causes severe physical and mental side effects. This case is not only important for Kerry O’Malley but all mental health patients experiencing forced medication under Community Treatment Order.
This past Monday Justice Action attended a hearing in the Supreme Court. It was an online hearing due to COVID-19, although we had not been informed of the change prior to arriving at court. The hearing was conducted via a dial-up call without video connection, unlike the defendants who were able to present via video. This was apparently due to a Court mix-up. Procedural fairness is an essential requirement to the administration of justice, and in this case, procedural fairness was completely denied.
The Registrar did not think the case was ready to proceed to trial. Instead, she requested more information from both parties. Justice Action are still waiting for the NSW Health Authority to provide us with Ms. O’Malley’s complete medical record. Accessing these documents is essential for appealing the Community Treatment Order which currently authorises the Health Authority to forcibly inject the medication.
Our next online hearing is scheduled for next Monday the 13th of July 2020 where Justice Action and its legal counsel will continue to advocate for Ms. O’Malley and against the forcible administration of medication for all mentally ill persons in NSW.