May 8, 2013 at 5:23 p.m.

MAWI patient attacked doctor


By Mikaela Ian [email protected] | Comments: 0 | Leave a comment

A MAWI patient who punched his doctor in the face three times was ordered to continue his treatment.

Trayston Mallory, 26, appeared in Magistrates’ Court this morning where he pleaded guilty to assaulting Dr Jesus Asiain on January 18.

Senior Magistrate Archibald Warner said the court and the government is working together to create a mental health court.

The court heard Mallory was in a treatment room at the Mid-Atlantic Wellness Institute with Dr Asiain at 9:30am that day with other team members.

Dr Asiain was discussing the defendant’s next six weeks of treatment when he became “very angry”.

Crown counsel Nicole Smith told the court the defendant said he didn’t want to go to Devon Lodge and didn’t want to move forward with his treatment plan.

“The defendant continued to get angry and said: ‘You’re not f**king listening to me’.”

Dr Asiain decided to end the meeting so that Mallory could control himself and was asked to leave the room.

At the point, Mallory got up, walked over to Dr Asiain and punched him twice on the left side of the face.

The victim then put his arms up to protect his face but Mallory punched him a third time, causing bruising and swelling.

Dr Asiain left the room and Mallory was placed in a secure room. He was arrested the next day.

In a police interview, Mallory said: “I punched him to get time. I don’t want to go back to MAWI. I don’t want to go to Devon Lodge.”

The court heard Mallory is currently in prison for an unrelated offence.

Addressing the court, he said: “At the time, I wasn’t in my right mind. I was heavily medicated and I was under a section ten.”

It wasn’t explained to the court what a section ten is.

Senior Magistrate Archibald Warner said: “I find it very difficult for somebody who’s not in their right mind as he said, whatever that means, committing these offences and then they’re brought to the court.

“If you weren’t in your right mind, how do you know you weren’t in your right mind?

“Anyways, there’s no doubt that this man needs mental health treatment.”

He continued: “These problems are becoming more prevalent and the system, the government, and the court are actively working to correct this situation and it would seem that we are getting closer to a mental health court to deal with these types of situations.

“It’s clear that until he gets the appropriate treatment, this kind of thing is going to keep on repeating itself for a number of reasons.

“I am satisfied that we have done the best so far.”

Mr Warner gave Mallory a conditional discharge with the conditions that he completes his mental health treatment while he is in custody. 

 

 


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