Malcolm Baker’s Letter to the Mental Health Review Tribunal

Malcolm Baker


Goulburn, NSW

30 July 2012

To Whom It May Concern,

I would like to express to you that I feel sad and frustrated regarding the decision to have me take anti-psychotic medication based on incorrect diagnosis made by a Justice Health psychiatrist.

In support of my claim that I do not have mental illness are the following points:

  • There is no family history of mental illness
  • Prior to my arrest, I had not been diagnosed with a mental illness
  • I was deemed sane by three forensic psychiatrists prior to my sentencing
  • I accept responsibility for my crimes and the imposed sentence by the courts
  • I have normal social interactions with others in the jail and experience a variety of emotions due to the constraints imposed at the H.R.M.C.C.
  • I feel better and experience no side effects when I cease taking the anti-psychotic medication
  • I do not experience any kind of delusions

Previously I was held down and forcibly medicated with injections when I have refrained from taking medication, which has been both unfair and traumatizing on every occasion that I see the psychiatrist since being forcibly medicated. I feel extremely nervous and intimidated as his [the psychiatrist] view of me and diagnosis (even though incorrect) determines what happens to me.

The Justice Health psychiatrist whom has misdiagnosed me with a mental illness is also degrading towards me and describes me as being; PARANOID, ANGRY, DELUSIONAL and have MOOD swings. He also has failed on every occasion that I’ve seen him to offer me any advice on options aside from medication (which as I understand is prescribed only due to his incorrect diagnosis).

The descriptors he uses to label me are untrue, however I am, as stated previously, frustrated by this situation that I am in.

I am dealing with this challenge by applying for Legal Aid to represent me and present evaluations by credible forensic psychiatrists to the court so that a court order to cease the medication is ruled.

I have refrained from taking anti-psychotic medication for approximately 3 months with the knowledge of nursing staff and correctional officers. At this stage, no effort has been made to forcibly medicate me and everyday that goes by I feel more positive and less frustrated.

As I have not demonstrated any adverse behaviours since medication cessation and they have not forcibly medicated me this indicates that there is a general agreement that I do not need the medication – otherwise it would be seen as a breach of their Duty of Care.

To be fair to the psychiatrist after the last interview, I became aware that I was rambling a bit and must have sounded like a real fool! Due to my nervousness!

Now I am aware of my nervousness. I believe that I can keep it in check as you will see in the near future on the 7 August 2012 interview.

Any assistance that you could provide to me to assist me to prove my healthy mental state and cease taking harmful and unnecessary medication is greatly appreciated.

Yours Sincerely,

Malcolm G. Baker

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