High Court Judge Praised For Intelligent Recommendation.

Justice van Bohemen has been commended for calling for an independent inquiry into the mental health care and discharge of killer Gabrielle Yad-Elohiim prior to murdering Michael Mulholland in September last year.

"While it is not for this court to direct, I consider a thorough examination should be undertaken of the circumstances that led to your release from Te Whetu Tawera”, Judge van Bohemen said during sentencing yesterday.

Victim advocate Graeme Moyle has welcomed the Judges comments.

“I am very pleased someone of Judge van Bohemens statue has finally recognised the need for independence when investigating these types of cases” Moyle said.

“My brothers’ killer was prematurely discharged from the same mental health unit in 2007 and I believe nothing has changed”.

“An independent, publicly available report would highlight any similarities and systemic failures”, says Moyle.

“I have been raising this issue for a long time and have recommended establishing an agency similar to the Independent Police Conduct Authority to carry out inquiries into homicides and suicides by patients receiving mental health intervention”.

Moyle is critical of the present system where District Health Boards initiate their own inquiries.

“DHBs investigating themselves is very convenient for them but leaves many unanswered questions” Moyle says.

“There is no independence, no transparency, no involvement of victims or their families and crucially, in most cases, no publication of their findings”.

“In Yad-Elohims case, the fact that there was even an inquiry, only came out during cross examination and was never offered to the defence or prosecution to assist in their preparation”.

The Auckland District Health Board refuse to release the report, citing privacy grounds and will not comment, while further stating they found no substantial problems in Yad-Elohims care and discharge”.

“How are we to have confidence in this report if they refuse to disclose its’ contents even in a redacted format” Moyle said.

“The only way the public can be assured that these inquiries are fair, robust and transparent is for a true independent body to carry them out”.

Graeme Moyle

Independent Victim Advocate

Mental Health

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