(THEME MUSIC PLAYS)
ALEXANDRA BLUCHER: Around the country,
are being detained indefinitely.
people with disabilities are being detained indefinitely.
MICHAEL HEATLEY: I see the forensic system as a beast.
MICHAEL HEATLEY: I see Do you have any trust in the system?
Not at all. Not at all. Do you have any trust in the system?
Not at all. Not at all. Nothing. No trust at all.
Caged and deemed too dangerous to be released,
Caged and deemed too dangerous their needs too complex to treat.
MARY BURGESS: their needs too complex to treat.
MARY BURGESS: They're facing a hopeless future,
which I think amounts to a form of torture.
Some have committed horrendous acts of violence.
IAN MCKEOWN: He can be dangerous. Yes, he can be.
IAN MCKEOWN: He can be dangerous. I'm not going to gloss over it.
This man has some issues.
People with an intellectual disability or serious mental illness
are being locked away out of sight...
..in a system that's failing them and their families.
MIKE PORTCH: It was an attack on a mentally impaired man
purely out to destroy him.
And it did.
That's what happened.
WENDY HOEY: We have to balance the risk of the person
WENDY HOEY: We have to balance to themselves and to others.
The last thing anybody wants is re-offending.
ANTHONY WHEALY: The most violent offender
is entitled to be regarded as a human being.
is entitled In this episode of Four Corners
forensic patients tell their stories for the first time.
We'll expose how the system designed to rehabilitate people
has made patients sicker and, in some cases, more dangerous.
has made patients sicker It's taken my soul, my spirit.
You're like a piece of steak on a barbecue.
It's December 2022.
A man known as Adrian steps out of a locked unit
A man known as Adrian into a caged courtyard.
This is the first time the public has seen how Adrian lives.
ISAAC WALMSLEY: As someone who cares for people,
ISAAC WALMSLEY: it is a confronting thing.
You know, if you asked it is a confronting thing.
You know, if you asked a five-year-old what that is,
You know, if you asked they would say that is a cage.
IAN MCKEOWN: He's had a terrible life.
Quality of life has been non-existent.
Quality of life He's a number in a building.
And it's a building that's out of sight.
In his mid-30s,
Adrian lives with an intellectual disability
Adrian lives and a chromosomal disorder.
For the past 11 years
he's rarely left For the past 11 years
he's rarely left the Forensic Disability Service
he's rarely left in Brisbane's west.
Adrian has never been convicted of a crime.
MARY BURGESS: The overwhelming majority of people
MARY BURGESS: who are put on forensic orders
are put on those orders
when the evidence has not been tested in a court of law
and they haven't been formally found guilty of the offences.
In 2012 Adrian was charged with serious criminal offences
In 2012 Adrian was charged and, rather than facing trial,
he was placed on a forensic order and, rather than facing trial,
he was placed on a forensic order by a specialist mental-health court.
Now considered to not be fit to be tried
and to lack capacity to take criminal responsibility. Now considered to not be fit to be tried
and to lack capacity to take criminal responsibility.
In Queensland
you can't identify forensic patients In Queensland
you can't identify forensic patients or report on their alleged crimes.
you can't identify forensic patients What we CAN say
is that Adrian was left unsupervised during a community excursion
when a serious incident happened.
He ended up in the Forensic Disability Service.
IAN MCKEOWN: Well, he's contained, he's secluded, can't get out,
can't hurt anybody.
He's not a bad person. can't hurt anybody.
He's not a bad person.
He doesn't go out of his way to do the things he's done.
There are an estimated 700 people
detained on forensic orders around Australia
and roughly a thousand in the community.
In Queensland
those with an intellectual disability
can be detained here,
where Adrian is held.
MATILDA ALEXANDER: The Forensic Disability Service
MATILDA ALEXANDER: was initially spruiked
as a short-term-accommodation option for people on these forensic orders, was initially spruiked
as a short-term-accommodation option for people on these forensic orders,
so, unfortunately, our experience is it hasn't lived up to that goal.
And, for people like Adrian, it's become a nightmare.
Last Christmas, when this footage was taken,
Adrian had little to celebrate.
His case shows the difficult balance
between community safety and human rights
and what happens when we get it wrong.
Well, I hadn't seen anything like this before.
Mary Burgess's previous job
was to protect the rights Mary Burgess's previous job
was to protect the rights of people with disabilities.
She's the former Public Advocate in Queensland,
an independent government-appointed role.
Basically, we are warehousing these people,
and that's a breach of their human rights.
We're doing nothing to improve the threat that they pose.
And, so, they're left in a limbo.
They're very closed institutions
and community They're very closed institutions
and community has no idea what goes on.
I don't think that the authorities would be comfortable
with the community having a real look at what's happening there.
The Forensic Disability Service
wouldn't let us in to interview Adrian, The Forensic Disability Service
wouldn't let us in to interview Adrian,
so, for now, the only way for him to tell his story
is through this audio recording.
ADRIAN: (ON RECORDING) Testing. One, two, three. Testing.
We want to find out more about Adrian's past
to understand why he's been mostly confined to his locked unit We want to find out more about Adrian's past
to understand why he's been mostly confined to his locked unit
for more than a decade. confined to his locked unit
for more than a decade.
We're going to meet a former carer
who spent a lot of time with him We're going to meet a former carer
who spent a lot of time with him when he was a young man.
(DOG BARKS)
Ian McKeown has worked as a government-employed support worker
and advocate for people with intellectual disabilities.
Good to see you, Ian. Hello, Alex. How are you?
Good to see you, Ian. He's blowing the whistle
because of Adrian's treatment He's blowing the whistle
because of Adrian's treatment at the Forensic Disability Service.
because of Adrian's treatment Adrian's predicament at the moment
is far worse than what a prisoner experiences.
is far worse I'm compassionate about Adrian.
I feel that, in my roles in working with him, nothing's changed.
We've tried desperately to get movement for him.
He is still where he was exactly on day one.
As a child, Adrian was physically and sexually abused.
His childhood was extremely traumatic.
His childhood On a scale from 1 to 10,
I know that On a scale from 1 to 10,
I know that a few of those incidences were 10s.
There was a number of things that have happened to him as a child I know that a few of those incidences were 10s.
There was a number of things that have happened to him as a child
There was a number of things that have moulded who he is.
He doesn't see
that those things that happened to him are wrong.
His disability was diagnosed in early childhood.
He has limited ability to read, write or understand.
He has limited ability He gets frustrated,
and, of course, frustration leads to behaviours
where he can't get his point across
and he will have a serious outburst.
Is it something that he can control?
Once he starts to behave, Is it something that he can control?
Once he starts to behave, you know it goes to full width.
Once he starts to behave, He doesn't let up.
Can he be dangerous? He can be dangerous.
Yes, he can be. I'm not going to gloss over it.
Yes, he can be. This man has some issues.
But if you know how to speak to him properly and look at triggers,
you're able to navigate your way around this particular gentleman
and come out the other side.
As a teenager, Adrian burnt his house down
As a teenager, and was placed in an institution.
Ian was one of his carers.
He and his team had a different approach to working with Adrian.
When we first started working with Adrian,
When we first we did a number of activities.
We purchased a custom bicycle for him
and we were able to ride on the bike tracks floating into Brisbane Way.
That was without incident and we did it on a regular basis.
We took him fishing and spent a day fishing.
In the community he was able to go into the shop and buy fishing gear.
The normality was there.
He loved walking Mount Flinders.
We would take him out to Mount Flinders
We would take him out and he would walk to the very top.
The staff couldn't get there, and he would walk to the very top.
The staff couldn't get there, but he did. (LAUGHS)
The staff couldn't get there, He was proud of that,
that he had done something and achieved something.
He felt an accomplishment. It was good for him, yeah.
He says Adrian was calmer after these excursions.
Adrian CAN live a different life,
but it has to be with people Adrian CAN live a different life,
but it has to be with people that would support him.
If those people are all on the same page,
yes, they can achieve outcomes.
They started working together again when Adrian was in his late 20s,
They started working together again this time at the FDS.
He could see Adrian was deteriorating.
He could see So, what do you have here, Ian?
Well, I've got a number of letters
in regards to how he's viewing his containment and seclusion.
There's a lot of them. There's a lot of them,
and they're quite graphic in the language that he's used.
Adrian's letters show the depths of his desperation.
How did it make you feel when you received these and read them?
It makes me feel quite upset and frustrates you further.
He's displaying here the final straw.
He's displaying here He's got no other options.
He draws. That's the only thing he can do.
He draws. He's now at a point where,
"I've got nothing more to say He's now at a point where,
"I've got nothing more to say except for this word.
"I've got nothing more to say "Help me. Get me out of here."
MARY BURGESS: I was aware that there was a person
in the Forensic Disability Service
who had been there for some time.
He seemed childlike and have simple views
He seemed childlike but to be
incredibly frustrated by his circumstances and... but to be
incredibly frustrated by his circumstances and...
..to have a sense of hopelessness
about his situation.
The former Public Advocate in Queensland, Mary Burgess,
The former Public Advocate has big concerns
about what's happening inside the Forensic Disability Service.
about what's happening inside It was a shock to me
to think that we were treating It was a shock to me
to think that we were treating people with this level of disability
to think that we were treating in this way.
I began raising concerns
about what I considered was a breach of his rights.
Solitary confinement
is meant to only be for emergency...
..sort of imminent-threat kinds of situations.
It's become the default regime for this person,
which was never the intention and should never be the intention.
When her complaints to the Queensland Government weren't acted on,
she went to the state's ombudsman,
which delivered a damning report she went to the state's ombudsman,
which delivered a damning report in 2019.
The Ombudsman found, in relation to Adrian,
that the approach to secluding Adrian
that the approach had been "contrary to law,
"unreasonable, oppressive had been "contrary to law,
"unreasonable, oppressive and improperly discriminatory."
"unreasonable, oppressive And what does that mean?
He was treated unlawfully.
Yet he's still there under the same regime.
Yes.
Nothing's changed for this man.
Adrian's treatment is still unlawful.
The ombudsman has described it as 'systemic abuse'.
This man
and many of the people held on forensic orders who have disability,
and many of the people held on they're facing this same future,
which is a future they're facing this same future,
which is a future holding nothing for them,
a hopeless future,
and that's cruel.
It, I think, amounts to a form of torture.
So, you think Adrian is essentially being tortured by the state?
I wouldn't be suggesting anyone commenced with that intention,
but the treatment that he's receiving amounts to that.
And where are the cameras...
Four years after the Queensland Ombudsman's report,
another carer says he can't stay silent any longer.
another carer In my time working at the FDS,
I spent more time with Adrian
than I spent with any member of my family.
than I spent You have to come to terms yourself.
Forensic officer Isaac Walmsley You have to come to terms yourself.
Forensic officer Isaac Walmsley is also blowing the whistle
about what he's seen at the Forensic Disability Service.
about what he's seen Adrian has communicated to us
he is worried he's going to die there.
Is that something that he's said to you?
It's something that is present every day that you work with Adrian.
It is certainly the fear of everyone who supports him.
So, how do you communicate with Adrian?
So, we communicate through a servery window.
So, we communicate There's a wall that separates us
and sort of looks a bit like that.
And I would sit at the end of a table
that comes out from the servery,
and Adrian sits on the other side in his chair,
and Adrian sits on the other side and it's sort of about eye level,
but that is the only window through which we communicate.
And what is it like having such limited human contact
And what is it like with someone that you're caring for?
It's certainly, like, a very alien experience.
It's certainly, like, It doesn't feel natural.
Imagine every birthday party It doesn't feel natural.
Imagine every birthday party that you've ever had...
Imagine every birthday party ..every Christmas morning
you have experienced through...
..a hole in the wall the size of a pizza box.
..a hole in the wall Mm.
There's no argument to be made
for this to be somebody's world for...
..you know, as long as they live.
Queensland's ombudsman reported that Adrian was charged five times
Queensland's ombudsman reported with assaulting staff at the FDS.
All the charges were dropped due to his intellectual disability.
Disturbingly, it also found Adrian now prefers to be in seclusion.
It's something Isaac's witnessed too.
He wants the door locked because he doesn't want to hurt you,
and the fact that he's conditioned, has been institutionalised
for that to be his belief,
that is a really, really, really confronting and damaging thing for that to be his belief,
that is a really, really, really confronting and damaging thing
that is a really, really, really to believe.
Isaac Walmsley is afraid he'll be punished for speaking out
and has engaged the Human Rights Law Centre.
The Queensland Minister for Disability Services
The Queensland Minister and the administrator of the FDS
both declined to be interviewed.
In a statement
the service said its highest priorities
were the safety and welfare of the community, its clients and staff.
Ultimately, the state's Mental Health Review Tribunal
will decide when Adrian is ready to leave the FDS.
(THUNDER RUMBLES, RAIN PATTERS)
(THUNDER CRASHES)
Forensic patients are also being detained in jails across Australia.
This can make people sicker and more dangerous
because they're not always getting the proper care they need.
Gadigal man Michael Heatley and his sister Christine
were exposed to the criminal underworld from a young age.
We grew up in a family
that had strong connections and ties We grew up in a family
that had strong connections and ties
to organised crime
here in Australia.
Their father and uncles
were some of the most notorious armed robbers on the east coast.
(APPLAUSE)
HOST: And finally, (APPLAUSE)
HOST: And finally, from Port Sorell in Tasmania,
we have Christine Heatley and her uncle Earl.
Where would you find haemoglobins?
(BUZZER)
Earl? (BUZZER)
Earl? In the blood.
In the blood is correct. Five points.
In the blood is correct. (APPLAUSE)
It's fair to say
that we're very, very familiar It's fair to say
that we're very, very familiar with most of the visiting rooms
that we're very, very familiar in New South Wales prisons.
MICHAEL HEATLEY: My father was in custody,
and I was abandoned by my mother when I was five years old,
so, I was raised by my grandparents in Tasmania
with my two sisters and my younger brother.
That's just how it was. Yeah, I accepted it and just grew up.
I've committed armed robberies, and I've found myself in jail.
I didn't have any money, I needed money.
The quickest way to get money was to run in and rob a bank.
The quickest way to get money So, that's what I chose to do.
I robbed the place at gunpoint, and I left.
ANTHONY WHEALY: He terrified and threatened
customers and employees of the Commonwealth Bank,
customers and employees and stole $18,700.
To be threatened with a weapon and told that they were going to be shot
if they didn't obey his commands To be threatened with a weapon and told that they were going to be shot
if they didn't obey his commands
would have been a most terrifying experience.
By the age of 23
Michael Heatley By the age of 23
Michael Heatley had committed two armed robberies
Michael Heatley and been acquitted of murder.
To try and reduce his jail time,
he says he initially To try and reduce his jail time,
he says he initially faked symptoms of schizophrenia.
he says he initially In 1999
he was diagnosed by a psychiatrist in Sydney's Long Bay prison hospital.
He's been caught in the forensic labyrinth for more than two decades,
spending most of that time in jail.
Michael's journey
in the forensic system and his indefinite detention,
the medication regime,
it has been catastrophic
for Michael's life course.
He has gone through...
..just the most horrendous conditions.
..just the most horrendous My brother, like a lot of others,
is just in that machine.
Stuck. Stuck.
Yeah.
It's almost impossible
for a journalist to interview someone like Michael Heatley.
It's taken months to gain this unprecedented access
It's taken months to the Sydney Forensic Hospital,
where he's now detained.
We're going to go in and speak to Michael Heatley.
It's the first time that any patient here
has ever done a media interview and told their story.
Hello, Michael.
Hello, Alex. How are you? Good.
Nice to meet you. Nice to meet you. Lovely to meet you.
Thank you for meeting me...
OK. ..and sharing your story.
OK. OK.
How has your experience in prison as a forensic patient
affected how you see the forensic system?
I see the forensic system as a beast affected how you see the forensic system?
I see the forensic system as a beast
that chews you up and spits you out.
That's how I see the forensic system.
That's how I describe it. That's been my experience.
Before he was admitted here in 2019
Michael Heatley Before he was admitted here in 2019
Michael Heatley says one of his worst experiences
was the three months he spent in what's known as a 'dry cell'
was the three months he spent in neighbouring Long Bay jail.
The dry cell was a 10-square-metre cell. It had two cameras.
There was no water, there was no toilet. It had a mattress.
And, to urinate, I had to urinate in bottles.
There were days... And it was during summer, there were days
that there was up to half a dozen urine bottles in the cell,
that there was up to half a dozen and I'd continually get headaches.
They'd refuse to give me Panadol.
And, like, I was in there
virtually, like, And, like, I was in there
virtually, like, at least 23 hours a day every day.
You also received forced injections in prison.
Can you describe how they do that and the impact it has on you?
And what they do is they come down and they approach...
..they approach your cell and they'll say to you,
"We're here to assist with forced medication. Are you gonna comply?"
If you say no, they get their shields,
they put on their helmets, they put it on their padding,
they open the door, they run in on you,
they use whatever force is appropriate to hold you down.
And then the nurse sticks it in your backside
And then the nurse and, yeah, you're medicated.
And why did you and, yeah, you're medicated.
And why did you not want the medication?
Because the medication is awful. It's horrible. It's like a torture.
You're in a constant state of agitation and restlessness.
Michael, basically, had to be carried and...
Michael, basically, ..he wasn't in good shape at all.
Michael's sister Christine remembers visiting her brother
after he received one of these injections.
He had saliva coming out of his mouth, his eyes were rolling,
He had saliva coming out and it was a very short visit
because Michael could not stay in that room.
It was a form of chemical restraint.
And that, to me, is...
..it's shocking.
For Michael, there was worse to come.
As a forensic patient,
he spent two years in one of Australia's toughest prisons,
Goulburn Supermax.
It was like being on another planet.
The only people you really see are the screws.
They come to your door three times a day to feed you.
There's a lot of lockdowns. You spend 24 hours in your cell.
And is that environment, the Supermax environment,
And is that environment, the segregation prison environment -
is that conducive to getting better?
No, it was horrible. It was awful.
It wasn't good at all. It was good in no way at all.
These years in jail came after a major incident in 2004.
These years in jail At that time
he was being treated with a particular antipsychotic medication
he was being treated with in the Long Bay prison hospital.
It started giving me suicidal ideation, homicidal ideation.
I told the treating psychiatrist what it was doing to me.
He laughed in my face
and said, "It can't do that. He laughed in my face
and said, "It can't do that. It's an antipsychotic."
Eventually, the medication was ceased
and the suicidal ideation and the homicidal ideation got worse.
As Michael Heatley waited for a mental-health bed
As Michael Heatley waited in the Long Bay prison hospital,
guards were discussing
whether he should share a cell with another inmate.
The events that followed show how catastrophic the outcome can be
when a dangerously unwell forensic patient is mismanaged.
I voiced my concerns to the psychologists - when a dangerously unwell forensic patient is mismanaged.
I voiced my concerns to the psychologists -
"This is what's going on with my mind
"and this is why I'm speaking to you."
She prepared a report and gave it to Corrective Services,
outlining the fact that she believed me to be a true risk
to other patients and staff.
The psychologist told prison officials
to keep Michael Heatley alone in his cell.
Michael says HE warned the guards that he might kill someone.
I told them when they were putting him into my cell,
"Listen, I'm homicidal, I shouldn't be with anybody."
"Listen, I'm homicidal, They told me I was full of shit.
ANTHONY WHEALY: On the day of the incident
Corrective Services officers decided to take a young person
and put him in the cell with Heatley,
and within hours Heatley had kicked him to death.
How catastrophic was that decision by the prison guards
How catastrophic was that decision to put that man in your cell?
It cost him his life.
And what impact did that have on you as well, that decision?
It ruined my life.
It's taken my soul, my spirit.
I lost my... I lost my fiance. I'm separated from my son.
Like... I didn't get any favours from it.
Michael Heatley said he was unable to control his homicidal urges
after coming off medication in the lead-up to killing the inmate.
What are your views of this from a clinical perspective?
One would think that, if he was on medication, What are your views of this from a clinical perspective?
One would think that, if he was on medication,
he may have had better control of his urges.
Maybe if he'd had an opportunity
to be assessed in a hospital environment,
the outcome may have been quite different, yeah.
Due to his mental illness
Michael Heatley was convicted of manslaughter rather than murder
Michael Heatley was convicted and remained as a forensic patient.
Anthony Whealy was the Supreme Court judge who sentenced Michael.
ANTHONY WHEALY: This is the part of the sentencing decision that I gave
ANTHONY WHEALY: This is the part of and it says,
"Were, however, this offender
"simply to disappear
"into the grim maw of the hospital psychiatric prison system
"into the grim maw of the hospital "with little hope of rescue,
"with little hope "with little hope of rescue,
"with little hope of proper treatment and reform
"simply because he is a difficult person,
"this would be a very sad condemnation of our prison system."
Dr Rosalie Wilcox was the psychiatrist
who first diagnosed Michael in Long Bay in 1999.
I felt that he definitely had some form of mental illness.
He's experienced quite horrific behaviour, punitive behaviour,
and, so, that's going to influence
his ability to be reintegrated into society.
Do you think that prison is an appropriate environment
Do you think that prison for a forensic patient?
No, it's definitely not an appropriate environment,
and that's very much driven by resources.
and that's very much We have a lack of beds,
and, as a consequence, people are We have a lack of beds,
and, as a consequence, people are in jail who shouldn't be in jail.
and, as a consequence, people are New South Wales Corrective Services
told us it's increased the number of mental-health beds
told us it's increased in the state's prisons.
After the death of his cell mate,
Michael Heatley spent the next 15 years in prison.
In 2019 he was finally transferred to the Sydney Forensic Hospital,
where he remains detained indefinitely.
You've committed violent crimes in the past.
Do you have any insight now into why you did those things?
Not really.
If you are released,
is there any reason why people should feel like you're a risk
to the community? Not at all. Not at all. is there any reason why people should feel like you're a risk
to the community? Not at all. Not at all.
to the community? No, not at all. Not at all.
I'm a changed person.
You had uncontrollable homicidal urges in the past.
Do you think that that could happen again?
Not at all. Not at all. I believe it was the medication.
How does it feel not knowing when you're going to get out?
How does it feel not knowing (PUFFS)
It's been... (PUFFS)
It's been... It's been over 21 years now.
It's been... Every day is virtually the same.
You wake up, you eat some food, you do some exercise, you go to sleep.
It's just another day of your life gone down the drain.
Michael Heatley's sister Christine
believes her brother has spent too long in custody.
She's been his fierce advocate for decades.
And the psychiatrist just blew it off
and said that it was a staffing issue
and they can't do anything about that.
He's now served his full sentence
for the manslaughter of his cell mate.
Thanks for your advice. Bye, Patrick. Bye.
What's happening today is the Mental Health Review Tribunal.
What's happening today is So, they've pushed it back an hour.
In New South Wales
the Mental Health Review Tribunal
decides when forensic patients the Mental Health Review Tribunal
decides when forensic patients are ready to re-enter the community.
Michael Heatley has to appear every six months.
Michael Heatley After more than 40 tribunal hearings,
Christine is pushing for him After more than 40 tribunal hearings,
Christine is pushing for him to have short supervised trips
Christine is pushing for him outside the forensic hospital.
Hopefully they're not going to be so arrogant
that they're still just going to say blatantly
therapeutic leave can't be on the table.
therapeutic leave Therapeutic leave would not be...
We can't record the hearing,
but it clearly hasn't gone well for the Heatleys.
What's wrong with these fucking cunts?
These are university-graduated fucking people.
His supervised leave wasn't approved.
It was absolutely alarming to me
to hear that the treating team
thought that my brother having therapeutic leave
would not have any good effect on him,
would not have so, I found that bizarre.
MICHAEL HEATLEY: (ON PHONE) Oh, it's outrageous. It makes no sense.
No-one could give an indication
as to how much more time No-one could give an indication
as to how much more time I'll spend in this place.
Yeah. It's like... And every six months between tribunals,
it's just another six months, one year, two years
that, like, are just being thrown away from your life.
Exactly. That's right.
Do you have any trust in the doctors here in the system?
Not at all. Not at all. Nothing. No trust at all.
And why is that?
Because of what's happened to me And why is that?
Because of what's happened to me in the past
and what's currently happening to me.
For somebody to have no trust in the system
is definitely challenging,
but it's something that we've got to deal with every day.
Wendy Hoey is the chief executive of Justice Health.
It provides the majority of health services,
including forensic mental health,
in the New South Wales justice system.
And we've been working really hard over the last two to three years
to reduce the number of forensic patients that are in our prisons
quite successfully.
I don't think forensic patients should be in the prison system.
I think they should be in a health environment.
And we're doing our very best to change that.
I think it's also really important to remember
that the majority of forensic patients
are actually living in the community.
They're not in any of those forensic, high-secure hospitals
or medium-secure hospitals, low-secure,
but they're leading safe and productive lives
within the community.
Does that indefinite nature of detention...
..is it sometimes counterproductive to what you're trying to do here?
..is it sometimes counterproductive It can be.
So, if you put the reason that people are there in the first place, It can be.
So, if you put the reason that people are there in the first place,
which is, generally, long and enduring mental-health issues
such as schizophrenia, where you do have a lack of insight,
they've often faced a lot of trauma in their background,
they've often faced a lot of trauma whether it be in the community
or whether it be coming through prison,
so, the outcome for us to manage is quite a complex issue.
so, the outcome for us to manage And I think it is difficult,
but you can't put a time frame on it.
That wouldn't be fair either.
But is it not punitive and arbitrary to be holding someone indefinitely?
Well, I don't think we do hold anybody indefinitely.
Well, I don't think I think people can progress through
the forensic mental-health system. I think people can progress through
the forensic mental-health system. They don't have a release date.
the forensic mental-health system. No, they don't have a release date.
Nobody's saying it's easy,
but we have to work in the best interest of the patient
and the best interest of the community.
I mean, the last thing anybody wants is re-offending,
and that's what we're trying to avoid.
Michael Heatley is facing another possible obstacle to his release.
He's been looked at in a New South Wales Commission of Inquiry
He's been looked at in a into gay-hate crimes.
A murder that Michael Heatley was acquitted of in the mid-'90s
is being re-examined by the Special Commission of Inquiry
is being re-examined by into LGBTQI hate crimes.
Do you think that this should change our perception of Michael Heatley
and his ability to potentially re-enter the community?
No, I don't think it's relevant and his ability to potentially re-enter the community?
No, I don't think it's relevant
to the question of his mental state now
or his level of dangerousness towards himself or the community.
That would be evaluated
according to his state of mind That would be evaluated
according to his state of mind and state of being now.
according to his state of mind It would not be impacted
by something that he may or may not have done in the mid-'90s.
by something that he may or may not And the most violent offender
is entitled And the most violent offender
is entitled to be regarded as a human being.
is entitled It's human nature to deplore them,
to criticise them, to be afraid of them.
But, nevertheless, they are human beings,
But, nevertheless, and we have to treat them as such
and hope for their rehabilitation and return to society.
(SIRENS WAIL)
Australia's indefinite detention of people with a disability
has been condemned on the international stage.
All the way from Brisbane to the United Nations, New York.
A group of Australian lawyers and advocates
is at the United Nations calling for change.
There couldn't be a more important...
There couldn't be Lawyer Matilda Alexander
represents Queensland Lawyer Matilda Alexander
represents Queensland forensic patients, including Adrian.
represents Queensland They can't tell their story...
She's fighting for an end to their indefinite detention.
The UN tried to come to Queensland to see the mental-health wards,
to see the Forensic Disability Services in October 2022,
to see the Forensic Disability and they weren't allowed in.
So, we'll take the stories from those places
So, we'll take the stories and present them today.
Only two countries in the world that and present them today.
Only two countries in the world that the United Nations has cancelled...
Yeah, two. ..their visit.
Us and Rwanda. Us and Rwanda?
Us and Rwanda. Yeah.
We are concerned that persons with psychosocial disabilities
continue to be subject
to widespread and multiple forms of discrimination.
We remain concerned about insufficient protections
We remain concerned against torture, abuse and neglect
of institutionalised people with disability.
We cannot remain silent on the indefinite detention
We cannot remain silent of people with disabilities.
Institutionalisation is a discriminatory act of violence.
Institutionalisation (APPLAUSE)
I don't know whether the government (APPLAUSE)
I don't know whether the government will listen to our call.
I don't know whether the government I don't know whether the government will really understand will listen to our call.
I don't know whether the government will really understand
the importance of ending indefinite detention immediately
the importance of ending for people with disability.
I hope that they will hear,
I hope that they will listen
and I hope that they will change.
Back home, pressure is building too.
The Disability Royal Commission
made recommendations to end indefinite detention
and make prison a place of last resort for forensic patients.
For these people,
getting out of prison doesn't necessarily solve their problems.
Too often the damage is already done
and moving back into the community can be difficult.
So, Mike, how's Chris going today?
Unfortunately, he's not good today.
No, he's been to the hospital,
but he didn't wait.
And, apparently, according to the support worker, he ran off.
So, we're just going to go down there and check on him
So, we're just going and make sure he's OK.
And what did the support workers say and make sure he's OK.
And what did the support workers say about what happened today?
Well, they're not sure whether it was a psychotic episode or not...
..but he has been shouting.
OK.
Which is not a good sign.
Mike Portch's son Chris
was released from prison last year.
He has an intellectual disability,
a history of substance abuse
and has been charged with dozens of offences over three decades.
Our life has been police, courts, prison.
Our life has been Yeah, that'll be the next step...
All up, Chris has spent more than 20 years of his life in prison.
He now lives in the Perth suburbs on an NDIS package.
Mike believes there still isn't enough support
to help Chris transition into the community.
It takes you over, consumes you.
Yeah, not a nice way to live.
Right. He lives just down here now.
Hi, Chris. Hello.
Hey. How're you going?
All they want to say hello... Yeah.
..you know, and all that.
We just wondered how you're going today.
Yeah. Not bad.
Just wanted to have a chat to you if it's OK, Chris,
about some of the things that you've been through.
Oh, yeah. Yeah.
As young parents,
we never dreamed that we would have a mentally impaired child.
This happens to someone else, you know,
someone else's family, not us.
Chris was born with the umbilical cord around his neck.
We found out that this damaged the frontal lobes.
We found out that this damaged As he grew and got older,
it was quite evident then.
He's impulsive. Poor memory. Poor decision-making.
He's impulsive. Easily led.
Lots and lots of things like this.
Got to the age of about 13 Lots and lots of things like this.
Got to the age of about 13 in that photograph there.
And that's when the nightmare started.
When did he start to kind of get in trouble with...
Yes...
Well, basically, from the age of about 14, 15.
Well, basically, It was different things.
Petty theft.
As the years went by, he got deeper into the drugs.
As the years went by, The crime escalated.
And then I think he got to about 18
and that was the first time then And then I think he got to about 18
and that was the first time then he was incarcerated.
How would you sum up Chris's experience
How would you sum up in the criminal justice system?
He's been destroyed, really.
I don't know how he coped, to be truthful,
but Chris is a survivor. I don't know how he coped, to be truthful,
but Chris is a survivor.
He's 50 years old.
I'm amazed he's still alive.
In 2017 he was charged with dozens of offences,
including threats to kill and theft.
After two years in custody
Chris Portch was placed on the West Australian equivalent
Chris Portch was placed of a forensic order.
He ended up here at Perth's Disability Justice Centre.
It's meant to provide state-of-the-art care
for 10 patients with an intellectual disability,
but has never housed more than three people.
The decision was made to place Chris into the Disability Justice Centre.
The decision was made to place Chris We thought at last now
that Chris would receive We thought at last now
that Chris would receive the treatments that he needed.
that Chris would receive Jeez, were we wrong.
It was clear to his parents
that Chris It was clear to his parents
that Chris wasn't being properly supervised.
He stopped taking his antipsychotic medication
He stopped taking and became increasingly distressed.
He just cracked. Simple as that.
He broke through the glass doors into the foyer entry
He broke through the glass doors with a fire extinguisher.
He sat down on the floor.
Chris waited He sat down on the floor.
Chris waited for the police to arrive.
They arrested him.
Despite two psychiatrists saying
Chris should return to the Disability Justice Centre,
the former WA Disability Services minister, Stephen Dawson,
the former WA Disability refused to approve the request.
This left the board refused to approve the request.
This left the board that oversees forensic patients
with little option but to send Chris back to prison.
Was Chris particularly vulnerable in prison?
Oh, he's very vulnerable in prison. Was Chris particularly vulnerable in prison?
Oh, he's very vulnerable in prison.
That's one of the problems
for people with mental-health problems and cognitive impairment,
for people with mental-health is that they're...
..a high risk of being victimised
from other prisoners ..a high risk of being victimised
from other prisoners in the prison environment.
Psychiatrist Adam Brett assessed Chris in Acacia Prison.
Chris spent time in isolation and was tormented by other prisoners.
When you saw him in prison, how was he?
When you saw him in prison, He was clearly struggling.
He had a poor understanding of why he was in prison.
He had a poor understanding He blamed others for his situation.
Does the Western Australian He blamed others for his situation.
Does the Western Australian government have a responsibility
to protect people with a disability from things that happen,
to protect people with a disability like what happened to Chris?
I think they do.
There are things afoot
to try and address the problems in Western Australia,
to try and address the problems which is good.
So, we're moving forward at the moment.
But I suppose that hasn't helped Chris.
But I suppose Where does Chris belong?
Well, I think Where does Chris belong?
Well, I think Chris belongs in the community.
The WA Justice Department
says prisoners with a cognitive disability
are usually held in a separate unit in Acacia Prison.
A state government spokeswoman said
if a resident at the DJC threatens violence or damages property,
then prison could be a better option for them.
New laws will come into effect next year
New laws will come into effect to end indefinite detention in WA,
and the minister will no longer have the power
and the minister to refuse patients access to the DJC.
(CAWS)
Mike Portch feels the burden on families like his is too great
and more support is desperately needed.
You can't walk away from this unscathed.
It would break a lot of marriages, you know, having a child like this.
It takes its toll. It would break a lot of marriages, you know, having a child like this.
It takes its toll.
But broken?
Nearly. (CHUCKLES) But not quite.
They won't break me, that's for sure.
We're doing a story about the experiences
We're doing a story of people in the prison system...
Yeah.
..and in the Disability Justice Centre.
Oh. Yeah.
Would it be OK for me to ask you some questions about that?
I told him a minute and then that's it. some questions about that?
I told him a minute and then that's it.
What was it like in the Disability Justice Centre for you?
What was it like in the Disability Oh, it wasn't nice.
It wasn't nice.
No.
What was not nice about it, Chris?
I just didn't like it.
They stopped your tobacco, didn't they?
Yeah.
Was it hard being in there?
Yeah, it was.
And after you were... Is that a minute?
And after you were... (CHUCKLES SOFTLY) He's had enough.
Is that OK? Alright. Thank you.
Thank you, Chris. Thanks, brother. Thanks, Chris.
Come here, mate. I'll see you then.
Alright. Alright?
Alright. Bye then.
I might look in tomorrow, see how you're going.
Mike's relieved that his son is OK for now.
Today he meets two of Chris's neighbours for the first time.
As long as he's not causing you any trouble and he's...
NEIGHBOUR: No! He always comes past, when he walks past, he says hello.
NEIGHBOUR: No! He always comes past, So... He's gorgeous.
He's lovely. Yeah!
And often says hi. And we chat. Good.
And often says hi. And we chat. How often do you see him?
Oh, probably once a...
I probably see him every day almost. Oh, probably once a...
I probably see him every day almost. Yeah!
Yeah. Yeah.
He seems lonely sometimes.
Yes. He's very lonely. That's another problem.
And, I don't know, people can be scared of approaching him...
They do. They can. ..or something, but I'm not worried.
Oh, that's great. I think he probably needs a hug.
That's fantastic. Like, how often is he getting a hug?
He had a hug with you. That was nice.
He had a hug with you. Well, I always do when I see him.
Balancing community safety and the human rights of forensic patients
is a real dilemma.
Those trapped in the system
have been kept out of sight for so long.
have been kept out of sight Now they're finally being heard.
What kind of life do you want outside of here,
What kind of life outside of the hospital?
I want to return and have a life.
I'd like to go to work, I want to return and have a life.
I'd like to go to work, pay my taxes,
I'd like to go to work, live an honest and peaceful life.
(CAWS)
Captions by Red Bee Media
Copyright Australian Broadcasting Corporation