An email to then-PM Jacinda Ardern in 2021 was a clear "red flag" missed by the mental health community, a judge said today. Photo / Mark Mitchell
An email to then-PM Jacinda Ardern in 2021 was a clear "red flag" missed by the mental health community, a judge said today. Photo / Mark Mitchell
An Auckland man with a long history of delusions and entrenched conspiracy theories had been let down by the mental health system for years prior to his arrest last year for sending threatening emails to members of Parliament and an Auckland synagogue.
That was the assessment of AucklandDistrict Court Judge Claire Ryan today as she determined the best outcome for the 46-year-old would be an involuntary treatment order as an in-patient at a psychiatric facility so that he could build on the mental health gains he’s made over the past year.
The man had been released from a psychiatric facility for just 12 days in June last year when he sent emails to politicians and the Auckland Hebrew Congregation described by the judge as “bizarre, disorganised and of a delusional nature”. He had been “under-treated” and put in emergency housing in Central Auckland, which seemed to exacerbate his condition, according to a mental health report referred to by the judge today.
The defendant was found unfit to stand trial in February. Today’s disposition hearing was to determine what sort of treatment he should now receive.
In making her decision today, Judge Ryan noted that the man had a “well-established” diagnosis of schizo-affective disorder dating back to 2002, with delusions and entrenched, “bizarre conspiracy theories” involving pharmaceutical companies, infertility and relationship jealousness.
But there was a significant deterioration in his mental state from 2018 onward, leading to an inability to work and the breakdown of relationships with his wife and child. He was repeatedly referred back to mental health, and by 2020 he was homeless and his marriage had ended, causing his delusional theories to become more entrenched.
Judge Ryan noted a “clear red flag” in August 2021 when he sent emails to then-Prime Minister Jacinda Ardern and an Opposition MP. But his care remained “sub-optimal”, she said, adding that it “played an important role” by “creating a perpetuating cycle of deteriorating function”. It’s “unfortunate” he didn’t receive “more assertive care” during that time, she said.
Police referred him to mental health services in March 2022, after he had stopped taking medication for about six months and was presenting as psychotic. He was not thought at the time to be a risk to himself or others, but “in retrospect, that might have been in error”, Ryan said.
He was discharged from a treatment facility in May 2022 and arrested for the emails 12 days later, “clearly psychotic” at that point and believing his ex-wife had been poisoned.
But over the past year he has received in-patient care with consistent treatment, and it appears to have made a difference, the judge noted today. Although he still suffers “residual delusions”, his thoughts are put down on paper and shared with treating clinicians rather than being sent to strangers, she said.
“He has some insight into the distress his offending has caused others,” Judge Ryan said, noting that Jewish groups have had increased safety concerns in recent months due to world events unrelated to the current case.
“He said he was embarrassed and very sorry about his behaviour, and I accept that.”
Auckland District Court. Photo / Nick Reed
Judge Ryan declined to impose a more restrictive special patient order, which she described as akin to “smashing a walnut with a sledgehammer”. She instead signed off on a compulsory treatment order, which will include at least six months of in-patient care, with a strong recommendation it last beyond that.
The outcome was endorsed by police and by defence lawyer Jolene Reddy.
Despite the emails the defendant has no history of physical violence and his risk to others is considered low under his current level of psychiatric support, the judge said.
She noted that writing has been a form of stress management for him but that it was improperly directed in the past. He’s now working on ways of “directing his writing talent into a constructive avenue”, such as working towards a goal of becoming a children’s author.
“Look after yourself,” she told him. “I hope to someday see children’s books in your name.”
Craig Kapitan is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand.
