Hamish and Kyle discuss what to do once you have been diagnosed with a mental health disorder and how to deal with it. Video / NZ Herald
A Wellington student who was once found insane after attempting to kill a relative has taken down his business website after another student raised concerns about him in the media.
The man, who was detained as a special patient five years ago, is now studying and had launched a startup selling traditional African drinks.
He was named in a blog post after a fellow student saw he had listed a job on Student Job Search.
A Wellington student trying to launch a new drinks business has taken his website down after his violent past while mentally unwell was exposed online.
Mental health and justice advocates have voiced concerns about the matter, with one saying she feared the public linking had “done more harm than good” for the 28-year-old, who was found not guilty due to insanity of an attempted murder during the first Covid lockdown.
The man listed a job at his startup business on Student Job Search (SJS), looking for a production assistant.
The company, Akene Ltd, was started as part of a Victoria University of Wellington project, with the aim of producing traditional African non-alcoholic drinks.
Another student who was browsing the job search site contacted journalist David Farrier after discovering the listing and googling the business owner’s name, discovering previous coverage of a criminal charge he faced five years ago.
Farrier posted to his blog, Webworm, about the case, querying the safety of SJS.
“How did a man who once violently stabbed a woman & was found insane by the courts list a job on SJS?” a subheading in the article reads.
The man, who the Herald has chosen not to name in this article, was charged with attempted murder for the April 2020 attack.
A Wellington High Court judge earlier found the man was insane at the time of his offending.
The incident, which the Herald reported on at the time, happened after he had used cannabis and meth, which were believed to have aggravated his schizophrenia.
The man stabbed a family member multiple times in the face and neck, stopping only when a neighbour fended him off with a baseball bat.
While Justice Jan-Marie Doogue found him not guilty due to insanity, she did also make a finding that he had committed the violent act. He was detained as a special patient in hospital under the Criminal Procedure (Mentally Impaired Persons) Act 2003.
Farrier’s Webworm post, which named the man, posed questions about whether SJS’ vetting process was sufficient to protect students, and whether it should have known about the man’s history.
“Violent offenders are capable of rehabilitation, and of becoming productive members of society,” Farrier wrote.
“What is concerning here is that it appears SJS simply had no idea about any of this. They had no idea the director of a company listing a job for students had a troubling history of violence, methamphetamine use, and mental health issues including schizophrenia.
“It’s not that these issues are insurmountable or unforgivable — it’s that SJS had no idea."
The website for the man’s business has now been taken down, and emails to the business address bounce back, undelivered. A cellphone number listed for the site goes straight to voicemail.
An online profile stated the man, a refugee from East Africa, wanted to use his business to promote an exchange of cultures and build a “newfound connection through Afro-Kiwi flavours”.
“I believe I am well positioned to combine my unique multicultural perspective, insights and experiences with tertiary education for a meaningful contribution to my wide community,” he wrote.
SJS has removed the job listing from its site and is seeking legal advice to “ensure our next steps are fair for all parties involved”.
“In light of the complexities of this situation, it is a priority for us to ensure we respond thoughtfully and act in line with New Zealand legislation,” said SJS chief executive Louise Saviker.
Changing Minds spokeswoman Megan Elizabeth said the value of having a purpose in life, as well as work and financial security, could not be underestimated.
“We can’t discount those factors in people’s wellbeing and in people’s recovery,” she said.
“I feel like this reporting could actually have done more harm than good.”
Changing Minds is a non-profit organisation aimed at supporting people who have experienced or are going through mental health and addiction issues.
Sir Kim Workman said Kiwis could be vindictive towards people who had served their time after committing a crime.
Elizabeth said she understood the “gut reaction” to this situation, but disagreed with the question posed in Webworm about whether SJS should have been aware of the man’s past.
“I think the question is: ‘Why should SJS have known at all?’” she said, noting the Companies Act had nothing in it to exclude someone from being a company director if they had been detained previously as a special patient.
She said everyone had the right to try to improve their lives and move on from “a really hard time in their life”.
She argued that part of our social contract included an acceptance that people’s freedom could be restricted by certain Acts, such as the one used to detain this man as a special patient.
If this was accepted, then it should also be accepted that once they were released from these detainments they had a right to be part of the community and go on to “live their lives well”.
“In this situation, it seems like that person was trying to set up a business and to move forward . . . to see that shut down, see the website shut down, is obviously very sad.”
There were many people in society who had done things they wished they could change, but the majority were “not outed for their past as they’re trying to move forward with their lives”.
When asked whether concern from the public in a case such as this was well-founded, Elizabeth said she wanted to “flip that question around and pose an alternative”.
“Why are we asking this question only of people who have experienced mental distress or whose actions have been driven by mental illness?”
Elizabeth said we should be more concerned about whether there were enough systems and supports in place within society to ensure everyone could live their lives well, and in a safe and supportive manner.
She noted people experiencing mental distress were “far more likely” to harm themselves than others.
“That line of questioning is a really large driver in how people continue to view experiences of distress.”
Justice reformist Sir Kim Workman said the background about the man’s actions was “very concerning” and felt SJS should review its vetting processes to provide for the safety of students, while still complying with privacy and human rights requirements.
However he felt outing the man publicly was “unnecessary”, and might negatively impact his future recovery and rehabilitation.
The student's past was publicly linked to his business after he listed a job at his company on Student Job Search. Photo / 123RF
“I recall a similar case a few years ago, when a university lecturer ‘outed’ a postgraduate student, who was coming to the end of his sentence. He didn’t want him attending lectures with other students.
“The prisoner had been an outstanding role model in the prison, was considered very low risk, and was considered very unlikely to re-offend.”
Sir Kim said his experience was that New Zealanders “can be very vindictive toward persons who have served their time and are released”.
“This is particularly the case with ex-prisoners who are seeking employment or accommodation. Our ‘Clean Slate’ legislation is very conservative - unnecessarily so.”
Dr Logan Bannister, deputy vice-chancellor for students at Victoria University of Wellington declined to comment directly on the matter due to privacy reasons, but did refer to “the transformational impact of education”.
“We value and support our diverse student community through inclusive learning, strong connections, and development pathways that foster wellbeing, career success, and lifelong learning.”
He said the university required students to undergo police checks if they wanted to live in the halls of residence or enter into a particular programme, such as education, nursing and midwifery courses.
“Otherwise, it does not ask people applying to study to disclose criminal charges or convictions.”
When asked about the difficulty in balancing student safety with the needs of someone trying to rehabilitate themselves, SJS’ Saviker said they understood situations could be complex, especially when involving questions of fairness and safety.
Balancing the needs and rights of all parties, particularly the safety and wellbeing of students, was something they approached with “care and integrity”, she said.
“As a charitable organisation, we’re committed to operating in a way that aligns with both our social responsibility and legal obligations.
“We take all issues raised with us very seriously and are committed to ensuring the safety and well-being of both students and employers.”
Melissa Nightingale is a Wellington-based reporter who covers crime, justice and news in the capital. She joined the Herald in 2016 and has worked as a journalist for 10 years.
