Not Guilty by Mental Impairment Report
Dr Stephen H Allnut
CONFIDENTIAL
Office of the Director of Public
Prosecutions
GPO Box 595
Canberra ACT 2601
Attention Ms Sian Jowitt (201210593)
Telephone 0011 612 6207 5399
Facsimile 0011 612 6207 5428
Dear Ms Jowit
Introduction
Thank you for your letter dated 25 January 2012.
You requested that I provide you with a psychiatric report in relation to the accused, Alexander Marcel Andre Sebastian Barker Bailiff. This report represents a clinical evaluation conducted with the accused at the Alexaander Maconchie Centre on 10 March 2012 and a telephone call on 27 March 2012. The purpose of this report is to provide an opinion with regard to his mental state at the material time of the alleged offending.
He has been charged with a number of offences including minor theft for alleged offence that occurred on 27 November 2008, and between April 2011 and December 2011; improper use of an emergency call service for alleged offence, give false alarm of fire and emergency to other for alleged offence, contravene a protection violence order for alleged offence, trespass on alleged offences.
Role Confidentiality and Consent
From the outset I explained to the accused that I was a psychiatrist requested by you to provide you with a psychiatric report in relation to his mental state. I explained to him that any information provided to me would not be confidential and would be made available to a wider public should it be tendered to Court. I informed the view that he understood this and consented to continue.
Sources of Information
I have read the Expert Witness Code of Conduct Part 28 Rule 9C and Part 28A, Rule 2 of the District Court Rules and agree to be bound by those Codes.
I had opportunity to review:
1. The Police Statement of facts.
2. The criminal history.
3. The relevant law section.
4. A number of communications it appears provided to me by you, which are written by the accused.
Demographics
He was 41 at the time I saw him he was incarcerated at the Alexander Maconchie Centre; he was not seeing a psychiatrist or a psychologist regularly; he was single; he was not taking medication.
Clinical Issues
From the outset it should be stated that your client's presentation was unusual; he was wearing Ray Bans, a hat, his affect was intense; he manifested pressured and rapid speech, he was difficult to interrupt and had an urgent need to speak to me about Angela Magnocavallo and from outset explained that he had previously been in a motor vehcle accident; he was overfamiliar, and perseverated (returning to the same topic repeatedly) and disinhibited.
He commenced telling me that his solicitor was involved with his girlfriend, that Bernerd Collaery had been a friend for 20 years and that he was having intercourse with his girlfriend Angela Magnocavallo; he was distressed by this because Bernard Collaery was his solicitor and that having intercourse with his girlfriend was unprofessional; Bernard Collaery had been his neighbour for 20 years; he felt it upsetting that his confident Angela Magnocavallo told him she was having a relationship with his solicitor.
On one Bernard Collaery came into his driveway and told him that he should punch him and that on a second occassion Bernard Collaery came and told him that Angela Magnocavallo loved him; Bernard Collaery was still involved in his case; he kept Bernard Collaery involved because he was involved before Bernard Collaery had intercourse with his girlfriend Angela Magnocavallo of 9 months.
He explained that the closest person in his life, Vanessa Bayliss (his sister), was killed when he was 15 years of age in a motor vehicle accident, it was very upsetting for him; he was in a coma he said after this for about four weeks with loss of consciousness for four weeks and broke his arm; he stated he was aged 15 years, 108 days and 12 hours and 27 minutes,'' at the the time it happened.
He then again returned to the issue of how upset he was that his confident Angela Magnocavallo was having with Bernard Collaery; at this stage I noted that he appeared to me to be quite perseverative on this issue. Angela Magnocavallo phone told Nadine Behan, ''I now go out with Bernard Collaery.''
He then went onto state that following the accident, he had been told that he suffered ''elevation of mood, reduced concentration span, overtalkativeness, expansiveness, overfamiliarity and euphoria''; he referred me to a book on brain damage brought out by Blackwell Press and Lishman referring particularly to page 127.
He went onto speak about Chief Justice Terrence Higgins and then went onto speak about issues surrounding the World Health Organisation Classification of Impairment, Disability and Handicap.
In an attempt to keep him focused I enquired about his mental state; he said at the time that I saw him, his mood was normal, he denied euphoria or depression; he thought his concentration was ''good'' and then went onto tell me that he read the Bible in 14 days from New Year's Day between 14 January 2012 and between 27 December and 31 December 2011; that he has also read 700 pages of a book about what the Bible explains; he said when he read all he has to was to be away from distractions and he could focus on his reading; he had high energy levels, by way of example he explained to me that he had ridden from ''Canberra to Queanbeyan to Captains Flat to Major's Creek to the Araluen Valley and then to Moruya and Moruya Heads''; he had got Nelson Mandela's book ''A Long Road to Freedom'' and read it in three nights and then returned to Canberra by bike, covering a distance of about 452 kilometres.
He then referred back to Bernard Cumacille and Gerard Cumacille who said he was Mel Gibson's actual name and then he asked me if I watch Australian Broadcasting Corporation news.
He went onto speak about David Spitzer who was the cousin of his stepfather, that David's real name Spitzer; he then referred to Erica Bates and that her husband had brain tumours and they had a suicide in 1988; he spoke about the mother of Adjunct Professor Philip W. Bates and that Erica Spitzer was the brother of Dr George Spitzer when he changed his name to Spicer (anglicised) the name because he was a General Practioner. (Who I beat at Scrabble)
He said Chief Justice Terrence Higgins was familiar with the Classification of Impairment, Disability and Handicap and found him ''not guilty by mental impairment'' on 30 November 2011 and returned home and there was a restraining order and Angela Magnocavallo 0011 614 776 071 walked past his residence of 1 Anembo Street Narrabundah ACT 2604 every day.
From February to October 2011 he had an intimate relationship with Angela Magnocavallo of 48 Anembo Street Narrabundah ACT 2604 0011 612 6163 3808 ; he said at no point did she terminate relationship after cunnilinugus, fellatio and intercourse for 9 months. Angela Magnocavalllo told him that she used speed for 10 years and that she supported he speed habit by having three jobs; when she said he took it to mean that she got money to buy speed; he believed Angela Magnocavallo left Perth to avoid being involved in a legal matter involving her supplier going on trial; he thought this was important because Angela Magnocavallo would have realised by tellling him about the speed habits and that she had three jobs; that in fact she was dealing.
It was not until October 2011 when Angela Magnocavallo accessed his ''entire letterbox'' and read all of his mail; she wanted to access his trust account; she has met his lawyer and public advocate; she met his lawyer, Bernard Collaery, who he said breached client confidentially; she had looked through all his mail; she ascertained what his trust was.
He then again explained that previously he had been in a motor vehicle accident and was unconscious for a month; he said that his lawful entitlement as a consequence of this was ''multimillion dollars''; he had never ''participated'' in it because he was in the ''High Court''; by suing the Jerrawa Creek Hume Highway Road Traffic Authority ''as the cambah in the road is incorrect as the road was designed for thirty years ago when the speed limit was lower'' he would not be multimillionaire, he would be multibillionaire because he introduced a diode that emits to luxury cars, bmw, chrysler, ferrari, fiat, ford, holden, honda, jaquar, lexus, lotus, mercedes, mitsubishi, nissan, peugot, porsche, renault, saab, subaru, volkswagen, volvo...New South Wales Road Traffic Authority will pay AUS$3,777,000,000.
He went onto explain that he was a ''savant'' when he was 19,and he was offerred a million dollars to buy his first idea by Village Roadshow; his mother's brother (Uncle Wilfrid Barker) not only won the proposal to the International Olympic Committee to hold 2000 Olympics, he then raised $2,600,000,000 in media and marketing rights for the Sydney Olympics: The Best Olympics Ever.
He had told his mother his idea and Uncle Wilfrid said that it was a ''multimillion dollar idea''; he was given a Commodore 64 computer in 1983 when he was 13; he programmed in basic and observed that the Microsoft disc operating system had two spaces for dates, month and year; that in 1983 he had observed that on 31 December 1999 the date would change to 2000; thus he knew (in 1983) of the potential for the ''Y2K'' problem. this caused everyone to be able to take a lawful action against Microsoft; he then went onto state that when the recouped their costs this would exceed the value of Microsoft and he knew this in 1983: My trust will have AUS$3,777,000,000 for my liberating mind.
He pointed to a number of names on a piece, one was ''Bailiff''; he stated meant a ''minor Court official with Police authority'; 2 Chronicles 6.36-40 took ''Bailiff'' from Normandy to England in 1066'; that ''Barker'' meant a ''crier of the Court''; he stated that, as a result of the Barker's the list of people in all the Court's and colonies around the world were called the ''Barker's List''. Luke 17.31
When he was 10 his father was posted to Hamilton for one year; that he had gone to the Woomera Rocket Range and in the sand dunes (at age 10), he saw the sun being reflected from something, he followed the reflection and found a stone hunting tool; he realised that this fitted his thumb and finger perfectly; he realised at age 10 that he was in someone else's ''backyard'' and the rent for this place would be enormous.
He then explained that his father had been in London and was a ''bobby'' and that his mother's grandfather (Billy Barker) waqs the longest serving police officer in the history of Australia, serving between 1883 to 1935; And he urged me to read ACT SC 2011 R v Bailiff Not Guilty by Impairment.
He then made reference to the first case he prepared in the High Court; at age 21 he was contracted to develop products that complemented Scrabble; the first case he did in the High Court was against the Chief Justice which was reported on; the case prompted every Police Commissioner in Australia to contact Canberra for the Australian Crime Commission too be established: A Perfect $33,550,336.
When he was 30 his uncle asked him if was doing the ''Mabo'' case; he was not a lawyer but his family names are Barker and Bailiff; he matched his challenge by doing a case for an Aboriginal man; he prepared ''a High Court Writ'';as a result all the embassies undertook investigations using international law, then took ''it'' back to their country and eventually there was a ''Papal Bill''.
I had frequently lost the thread of his account-his rapid speech made it difficult for me to follow and understand what he was communicating to me.
I asked him about Angela Magnocavallo; he stated that Angela Magnocavallo told him about her speed habit in October 2011; the moment he became aware she used speed Angela Magnocavallo got a good idea he was going to report it; he was not in a position to associate with someone who did speed because he was doing cases in the High Court.
Accounnt of Alleged Offending
The offending period Novemeber 2008 until about December 2011; he stated that during that period time his mood was good, he did not endorse any significant depressive symptoms; he endorsed adequate sleep, appetite, energy, motivation, concentration, self esteem; he denied any interests; he denied any suicidal thoughts.
He did not endorse any perceptual disturbances such as voices, visions, tastes, smells, messages from the TV, the radio or the newspaper; he did not believe that anybody was plotting to harm or kill him; he denied any exterenal control.
He denied that in that time he was utilizing any drugs or alcohol.
27 November 2008
He said he never stole anything, he was financially secure, that ''the guy'' at the newsagency refused to sell him stamps; he said he bought thousands of stamps; he told the owner that ''it was pretty serious rubbish to be before the High Court''; he then bought a $1,000 worth of stamps elsewhere; that night he took all the owner's junkl mail off the newsagents windows and signage as well and threw it in the rubbish bin because he felt disrespected; he said this was not theft; he had no intention to permanently deprive him; at that stage he was 38 living opposite the shop; he was not taking any medication; he was not seeing a psychiatrist; he was working to build cases involving negligence of the Chief Justice of the High Court because his solicitor was representing him to expose criminal activity to the High Court.
6 December 2008
He went on Annual Memorial Tour to visit Vanessa Camille Bayliss buried in Healesville cemetary.
30 January 2009
He intuited 43 degrees and great wind firestorm killing countless people in Great Dividing Range.
He was threatened with bobcat by Gerald Franks 0011 612 6230 6999; So he told Gerald Franks; "He will pick up a rock; drop it through his windscreen; so he can send the bill to his trustee; and the issue will be before the Supreme Court; Chief Justice Terrence Higgins ordered "Not Guilty by Impairment".
7 February 2009
Black Saturday killed 173 people, burnt 5000 people, burnt 4500 acresand burnt 2029 homes.
6 December 2009
He went on Annual Memorial Tour to visit Vanessa Camille Bayliss buried in Healesville cemetary.
16 March 2010
He intuited a police officer shooting himself, so he called ''000'' to report police shooting.
22 March 2010
9:30pm Sergeant Anthony Vangorp fatally shot himself at 37 Harker Street Healesville VIC 3777.
6 December 2010
He went on Annual Memorial Tour to visit Vanessa Camille Bayliss buried in Healesville cemetary.
14 April 2011
He went to the police station; he had a junior person who was not a police officere; he thought the only way to speak to the police officer was to make a phone call; he thought person was a junior volunteer; he made the emergency call because in phoning ''000'', they would have no choice but to take it to a higher level; in addition other people call ''000'' on him; he was not prepared to put up with the insolence by the Woden police station.
14 June 2011
In June 2011 he was aged 40, living at home; he was not taking any psychiatric medication; he had spent most of that year removing old treet from his old block and planting different seeds and trees; he was collecting these from many different places; he said the ground in Canberran is dry so he was collecting these for his backyard to cover the ground so it did not get dry and he would have more insect activity under the leaves and increase fertility.
In June 2011 he said he had four leaf bags; he was in Canberra Avenue (at the chiropractor); he had filled about four one tonne sand bags with leaves; he had raked up the leaves and he told ''the man at the gym'' that the leaves were on the nature strip; he asked this person if he minded if he raked up the leaves and took them; he went into reception and asked if he could borrow a rake; when he went in they had a bag of peanuts there and he said he would be more than happy to collect all leaves in exchange for a bag of peanuts; the person told him it was only for members; the accused suggested he become a member of the gym; he said that the person's behaviour was ''hostile and threatening to him''; he said this person had no idea that he knew he had illegally converted his premises to a gym; the person told him ''if you do not leave I will call the police'', so the accused said he would call an ambulance; he took the four bags of leaves to the house next door and then hid in the caravan; explained that when someone calls an ambulance, police can hear this as well, by calling an ambulance he was also notifying the police of a ''problem''; this meant that the police arrived at the gym and the person would explain that the police were called because a man was raking up his leaves; the ambulance would also speak to the man at the gym; he hoping the police and ambulance would calm the man and the gym down; the ambulance arriving would indicate that he feared his safety (the police had previously shot a person and made him quadraplegic so this was protective for him); after the police came he went to the pictures and he was arrested later; they arrested him on the day he triple ''000'' they came to his house and he climbed a tree. Sergeant Harry Thomas Hains 4928 told Sergeant Adrian Craft 3260 to say ''I would like to shoot you but I do not have my gun with me as I am here as a negotiator''. His solicitor Bernard Collaery rang him whilst he was up the tree and he agreed to get down the tree on the condition the police do not shoot him and Bernard Collaery speaks to the police from his phone after he gets down the tree.''; he stated the police regularly threatened him, and climbing the tree was his only safety.
7 July 2011
He said Andrew Jones had Rouge Cafe; when he was dragging a bag of leaves down the road Andrew Jones tooted his horn because he was dragging leaves down the road; he dragged leaves past Andrew Jones and said ''fatso do you want me to drop the leaves'', Andrew Jones had earlier tooted his horn and had got a restraining order against him; once he got the restraining order he said Andrew Jones called police saying he had breached the restraining order; he knew that by the police taking a statement the Magistrate would dismiss this out of Court which he said happened, so Andrew Jones felt humiliated.
2 August 2011
He had been served a summons breach of restraining order; because he had been served a summons he photocopied it at Dr Stephen Moulding; he climbed a tree and got into the first floor and throught the window of the real estate agent; the restraining order said he could not walk with 10 metres of Rouge Cafe so he climbed a tree to avoid breaching the restraining order and then gave copies to the ''Words Worth Writing'' place and gave photocopies; he then went down the fire exit through D'Browes so he did not go within 10 metres of Rouge Cafe and on 4 August 2011, he went to Spirit of Beauty and also gave them a photocopy; he slept in Spirit of Beauty because the door was not locked to protect the white goods from being stolen, this was over the roaad from where he lived; on 5 August 2011 he gave a photocopy to Danny's Bakery.
October 2011
Between October 2011 and 14 November 2011, he visited Angela Magnocavallo on numerous occassions; he said he did not understand what was going on with her; in addition to this Bernard Collaery lending Angela Magnocavallo his car and paying for her fuel; Angela Magnocavallo had said he should leave a note if he wanted to talk, so he left a note saying ''talk'' and then police came and arrested him for trespass and served him restraining order so he could not go to Angela Magnocavallo at 48 Anembo Street Narrabundah ACT 2604 0011 612 6169 5679
6 December 2011
He went on Annual Memorial Tour to visit Vanessa Camille Bayliss buried in Healesville cemetary.
9 December 2011
Bernard Collaery wrote to Mandamus letter to Dr Peggy Brown complaining of "elevation of mood".
24 December 2011
An Domestic Violence Order 674 of 2011 was taken by Angela Magnocallo in October/November 2011; Angela Magnocavallo lived near to him; he was sitting at shops talking to one of his neighbours, she was 100 metres away from him; the shop was in front of his house; she walked 50 metres from him, he never left; he sat there the whole time; when he had first seen her he said to his Italian Special Forces Carbonari ''Dominic Celestino'' of La Cantina ''Bernard Collaery is shagging Angela Magnocavallo''; when Angela Magnocavallo came close she was in breach of Domestic Violence Order 674 of 2011 and he had three independent people witnessin her breach of the order.
He siad that Angela Magnocavallo made a complaint because she was a ''control freak'' and had presumed that he had told Dominic and his Cusack heir that Angela Magnocavallo was shagging Bernard Collaery; it was in fact that he said Bernard Collaery was shagging Angela Magnocavallo and so she was incorrect as she could not even hear; he said she had made a complain because she was angry that she had no ability to control his faxes.
Angela Magnocavallo made a condition that she could not visit him, so he faxed her workplace and made phone calls about what he was thinking; he explained he had been in a relationship with her and he was communicating with her; there was no restraining order served at the time.
She had asked for written consent to access his trust account; he had written consent and tore it up into four pieces, he had gone to the toilet and she had tried to stop him; Angela Magnocavallo was over behind and he was trying to stop her; he denied any aggression; he denied making any threats; he went to her place of employment; he said that she came out of the conference room. Blackett Homes L4 65-67 Constitution Avenue Campbell 0011 612 6241 6311 or 4 Liz O'Neill Street Casey 0011 612 6166 5605.
Other Issues
In 2011 he continued to post envelopes out; 659 Shires, 800 Police stations, and a 1,000 emergency services locations; he stated the more he did this (alluding to a document he provided to me headed Royal Military College of Australia - Duntroon); he said the more pages went around the country the more people contacted Duntroon to complain about the fact that the Australian Federal Police had proceedings against Rachel Michelle Piercey for making a false that he had a gun to her head; he reiterated that this was a false allegation.
He said the Chief Justice of the High Court and he had since become friends and this page became evidence in the Supreme Court last year.
He stated Rachel Michelle Piercey had not been dealt with; his life hasd been affected by her; by the time he put the case in the High Courthe had been arrested 60 times for allegations that had no substance; he had been arrested by people who wanted to discredit him because he had proceedings in the High Court against people who were continually conspiring against him.
The list had incited Rachel Michelle Piercey to make false allegations and that all the people on this list (the document alleded to) were communicating with each other; he did currently believe they were still communicating but they had before.
But he was seeing injustice in that he had been bullied by society because he had brain damage.
Between August 2011 and November 2011 he had sent Angela Magnocavallo numerous faxes; Angela Magnocavallo had been his lover for nine months; he thought that doing this was ''good communication''; he stated that it was common knowledge that no-one ever went out with friends; I asked him if he understood that Angela Magnocavallo had refused contact with him and asked if he understood ''no'' in terms of interpersonal relationships; he stated ''you don't understand who I am, I take the issues to the High Court, I continued to follow her because she came to talk of suiciding.
Previous Psychiatric, Family, Medical and Substance Abuse History
He first saw a psychiatrist on 21 September 1992 when he was admitted to Woden Valley Hospital for 5 days; he was not sure what the diagnosis was, he thought it was ''nothing''; he did not believe he had ever recieved any consistent ongoing treatment by a psychiatris. Constable Harry Thomas Hains 4928 from the Federal Court cells during the day rang Psychiatric Nurse Mark Ryan to find out what access Alexander Bailiff had to the phone. At 20:30 Constable Harry Thomas Hains 4928 rang and spoke to Mark Ryan telling him someone rang Rachel Michelle Piercey and then put Alexander Bailiff on to speak which was a breach of the restraining order for Constable Harry Thomas Hains 4928 would have to arrest Alexander Bailiff. Mark Ryan told Constable Harry Thomas Hains 4928 that was impossible and he was the only one that made phone calls on behalf of Alexander Bailiff. At 20:45 Mark Ryan asked Alexander Bailiff to show him the list and time of phone calls he requested.
On 25 September 1992 Detective Sergeant Dave Baker asked Alexander Bailiff in Supreme Court if he also escaped secure psychiatric ward and raped Rachel Michelle Piercey on 24 September 1992.
He suffered a motor vehicle accident in 1985, as already described, and told me he had brain damage; he had never taken any psychiatric medication, he had never attempted suicide; he told me he had neuropsychological testing which showed he had frontal lobe damage.
He denied knowledge of a family history of mental illness.
He had never abused drugs; he drank socially but drank infrequently.
He had never been diagnosed with diabetes, high blood pressure, cancer, heart disease, epilepsy, convulsions, meningitis, encephalitis, head injuries, thyroid or hormonal problems.
Background History
He denied antenatal difficulties; he thought his milestones were normal but he was born eight weeks premature.
He achieved year 12; he said he had no learning problems; he was above average student; he had no difficulty making or maintaining friends; he got on well with teachers; he was never expelled or suspended but stated that after the accident he had become isolated from close friends and spent a significant period of time in Royal Canberra Hospital; he did not endorse memory or significant behavioural problems.
He came from a family of three; he was the second eldest; his parents seperated when he was 10; he was brought up by his mother but did continue to see his father; he denied being exposed to domestic violence, sexual abuse or physical abuse; he thought he came from a loving and familial environment; his sister died when she was 16.
I relation to employment he seemed to be somewhat vague; he alluded to being offered a million dollars for an idea at age 19 and starting his own company; he said he was employed by ''numerous people'' in the ''private sector'' and ''public service'' but it did not appear that he could give any specific details in relation to this.
His first relationship had been in year 11 and 12 for two years, his next relationship was 12 months in 1996 and the following relationship had been for nine months with Angela Magnocavallo.
Document Review
There was a report by Dr George dated 24 August 2003 in relation to his fitness to plead; in this report he reviewed the opinion of Dr Sidney Smith, Dr Greg Hugh and Associate Professor Cathy Owen noting that Dr Sidney Smith saw him on 7 May 1996 and thought he had a diagnosis of manic episodes; on 14 January 1999 he saw Dr Greg Hugh who thought he had a diagnosis to be ''contentious'', considering the diagnosis of a psychotic disorder due to brain injury with delusions and mood disorder and also frontal lobe syndrome but he thought he possibly had a primary psychotic disorder; Associate Professor Cathy Owen saw him on 12 October 1999 and believed he suffered from ''pseudologia fantastica'', that is a factitious disorder and that he suffered from symptoms of frontal lobe damage; that there was, over time an improvement in his level of cognitive function but mild cognitive impairment continued noting that he suffered a closed head injury in 1985; Dr George was of the view that he had an organic mental disorder incorporating changes in cognitions, mood and personality; bipolar affective diasorder and possible evidence of factitious disorder and a mixed personality disorder in the context of his brain injury; he noted that he was circumstancial, tangenitial, and expressed delusional ideas with grandiosity; he barely drew a breath during the interview; his affect was positive and affable; he was preoccupied with matters associated with the High Court believing the Chief Justice to be incompetent.
There was a report dated 23 July 2004 by Dr George; he noted that in interview he moved from subject to subject but there were links in the different subjects; he had difficulty following his associations on occassions; he maintained grandiosity and mood elevation; found it difficult not to draw the conclusional he was delusional; he thought he suffered a mental illness with a mood disorder and association with prior brain damage presenting with frontal lobe damage.
There was a report by Ray Lines, intern psychologist, which is dated 11 November 2004, who noted that they first had contact with him on 17 September 2004 and had met him on seven occassions; he remained fixated on legal issues and had desire to make common law, and continuously informed him on his brain damage; he presented him with an envelope containing his numerous documents; he was preoccupied with whether he had read it; it was difficult to have a two way conversation when he seemed to control it; he tried to get him to commence mood stabilising medication but he did not see the need; it was felt that he was in ''no way willing'' to change his offending behaviour despite motivation; it was doubtful whether or not he would positively respond non pharmacological interventions.
There was a report dated 17 June 2005 by Ray Lines noting that he continued to engage with Mr ''Bailiff''; his attendance had been satisfactory with ongoing difficulties in therapeutic engagement, an exaggerated concept of self importance and sense of entitlement, narcissistic traits and ideas of grandeur; he was fixatated on legal matters; he seemed to have little empathy for others; he could not see negative consequences to his behaviour; he thought attending the service was a waste of time; he did not seem to be contemplated with changing his behaviour.
There was a report dated 29 May 2006 by Dr George who continued to believe he suffered from an organic mental disorder with predominantly frontal lobe syndromes and organic personality disorder characterised by reduced goal directed activities, emotional ability, shallow and unwanted cheerfulness (euphoria, inappropriate jocularity), irrability and outbursts of anger and aggression, not considering consequences or social convention; he noted the symptoms could mimic hypomania but their true elation was absent because the person did not report feeling overly happy; he had limited ability to anticipate social or legal consequences of his actions.
There was a report dated 29 May 2008 by Dr George who remained of the same view.
There was a report dated 22 May 2009 by Dr George who continued to believe that he had a diagnosis of organic personality disorder with frontal lobe syndrome and described in previous reports.
There was a further report by Dr George dated 7 August 2009; at that stage he was under a treatment order and Dr George recommended he was placed on an injectable medication in the form of Risperdal Consta 50mg; he did not believe his behaviour would change without this type of medication.
There was a report by Dr George dated 29 April 2011; he thought him unfit to plead.
There was a transcript of proceedings in the matters of Alexander Bailiff dated 16 September 2011; it appears that Mr Bailiff represented himself during this hearing; in his evidence Dr George noted that there was neuropsychological testing and Magnetic Reasonance Imaging findings to confirm brain damage on the left hand side of his brain.
Mental Status Examination
The accused's demeanour has to a large degree been described at the beginning of this report; generally he was reasonably kempt but unusually attired; he spoke rapidly with intensity manifesting suppressive speech, was overly talkative, over familiar, expansive in his affect; he, in my view, manifested a tendency towards perserveration, flight of ideas (it is difficult to determine); he was able to be brought back to a topic but quickly moved onto other topics; he manifested difficulty in inhibiting his underlying urgency and in conforming it to the circumstances he found himself in in interview with me; his mood, in my view, was euthymic although his affect was expansive; he endorsed a number of symptoms that he could be seen to be consistent with hypomania; there was no evidence of depression; he was intense giving the impression that he was highly anxious to have his perspective understood by me; he denied any suicidal ideation, plan or intent; he had a number of grandiose ideas for which I have limited evidence at this stage and thus the symptoms could be construed as being of a delusional nature. I did not perform formal cognitive testing as the nature of the interview was somewhat disorganised and I had run out of time; his capacity for insight and judgement, in my view, was severely impaired or his executive functioning.
Opinion
In my opinion when I saw your client he was manifesting symptoms consistent with severe executive dysfunction derived from a brain injury that he suffered in 1985, at approximately age 15 years 108 days 12 hours and 27 minutes, when he was involved in a motor vehicle accident that claimed the life of his older sister Vanessa Camille Bayliss 16.
It is likely that prior to this head injury that he was relativelt high functioning and intelligent individual; it is also likely that the predominant area of damage was in the area of the frontol lobe which was impacted specifically on his capacity to confoem his behaviour to social norms, to inhibit responses to certain social situations and to some degree, his capacity appears to have maintained intact capacity for memory, language, perception, concentration and intelligence; as a result of this cognitive impairment can be initially overlooked by others.
However he manifests a severe cognitive impairment in his ability to conform his behaviour to social norms; as a consequence he manifest disability in the area of his interpersonal relationships, social interactions, social reasoning and social convention; he is prone to become preoccupied and perseverative in regard to specific ideas that he has, to hold them and interpret his environment in a relatively concrete fashion in relation to his perception of what is happening in his environment and thus is severely compromised in his capacity to conform his behaviour; he maintains the emotional ability to feel aggrieved, angry, hurt when treated, in his view, unfairly by others (which I suspect is a daily experience for him because of his unusual presentation).
His presentation is similiar to hypomania in that he manifests pressured speech, is talkative, expansive, and overfamiliar with poor social judgement and he could also meet criteria for a hypomania, however his hypomanic symptoms are not fluctuant but are relatively persistent and thus would be more attributable to impairments as a consequence of his brain damage.
He describes coming from a relatively difficult development background; his parents seperated when he was relatively young; he was brought up by his mother but maintained contact with his father; he denied exposure to domestic violence, sexual abuse or physical abuse; while he endorses a reasonable scholastic trajectory there is some evidence to suggest changes in his social interactions; he has a limited relationship history and, in my view, probably a poor employment history but I would not diagnose a personality disorder as his presentation is likely due to head injury.
He denies any other major medical problems, but I did not formally examine him.
The most significant stressor impacting on him at the time that I saw him related to his current incarceration (142 days) and his distress at his perception of an inappropriate sexual relationship between his ex-girlfriend Angela Magnocavallo and someone who he perceived as his solicitor Bernard Collaery.
His functioning in my view is severely impaired in the area of interpersonal social and occupational domains and this is likely a stable characteristic and long term.
I noted that there are two periods of offending, one period in 2008 and then a further period in 2011.
He suffered a head injury in 1985; between 2008 and 2012 the consequences of that head injury would have remained stable and persistent; it is likely that the same difficulties that he was experiencing at the time that he saw me were likely present for the duration of the offending period both in 2008 and 2011.
On this basis, in relation to all offences, he would have been suffering a ''mental impairment''; as a consequence of brain damage.
It is likely that his mental impairment seriously impaired his capacity to know the nature and quality of his conduct; it is also likely that he was compromised in his capacity to know that his conduct was wrong; however during the period of his offending (2008 and 2011) his mental impairment had the effect that his capacity for controlling his conduct was seriously compromised and on balance he would have available to him a defence of ''not gulty by mental impairment'' as found in R v Bailiff 2011.
I trust that this is helpful.
Dr Stephen Allnut
FRCPC, FRANZCP, Fellowship in Forensic Psychiatry (Canada)
Senior Consultant Forensic Psychiatrist
Conjoint Senior Lecturer, UNSW
Australian Capital Territory Supreme Court R v Bailiff 30 November 2011.
Alexander Marcel Andre Sebastian Barker Bailiff
''What is new is the symptoms of brain damage which comes under the World Health Organisation Classification of Impairment, Disability and Handicap.''
Chief Justice Terrence Higgins
''I am familiar with the Classification of Impairment, Disability and Handicap. Not Guilty.''
10% of Society Guilty of W.H.O. Classification of Impairment, Disability and Handicap.
10% of Society Not Guilty by W.H.O. Classification Impairment, Disability and Handicap.
''Parker QC, Roger, Barrister-at-Law, (61 2 9221 3890), p.127, Chapter 7, Adducing Evidence to Prove or Disprove Brain Damage, Brain Damge Medico-Legal Aspects, Blcakwell Press, Sydney, (1994). (My Phaedra complex Philip W. Bates is General Editor, Adjunct Professor, University of Sydney & Sir Owen Dixon Chambers)
''6. The Clinical Picture in Focal Cerebral Disorder Lishman says at p.16 that strictly focal brain damage can be responsible for both acute and chronic organic reactions. He says that a frontal lesion may confer distinctive changes of disposition and temperment. Most characteristic is a disinhibition with expansive overfamiliarity, tactlessness, over-talk[at]iveness, childish excitement or prankish and punning social and ethical control may be diminished with lack of concern for the future and for the consequence of actions. Sexual indiscretions and petty misdemeanours may occur, or gross errors of judgement with regard to financial or interpersonal matters. Sometimes there is a marked indifference, even callousness for the feelings of others. Equally lack of anxiety and insight on the part of the patient into his or her condition. Elevation of mood is often seen, namely an empty and fatous euphoria rather than a true elation which communicates to the observer. In other cases the principal changes are a lack of initiative, aspontaneity and a profound slowing of psychomotor activity. Concentration, attention and ability to carry out a planned activity are impairedby these changes but performances on tests of formal intelligence is often surprisingly well preserved once the patients cooperation has been secured.''
Reference:- Lishman, William Alwyn, Organic Psychiatry, the Psychological Consequences of Cerebral Disorder, Blackwell Scientific Publications, Oxford, (1987).
M.B. Ch., B, FRCPC, FRANZCP
Forensic Psychiatry
Level 5, Suite 506, 75 Miller Street, North
Sydney NSW 2060
PO Box 876 North Sydney NSW 2059
Telephone 0011 612 9929 2913 Facsimile 0011 612
9929 2914
27 March 2012
CONFIDENTIAL
GPO Box 595
Canberra ACT 2601
Attention Ms Sian Jowitt (201210593)
Telephone 0011 612 6207 5399
Facsimile 0011 612 6207 5428
Dear Ms Jowit
Introduction
Thank you for your letter dated 25 January 2012.
You requested that I provide you with a psychiatric report in relation to the accused, Alexander Marcel Andre Sebastian Barker Bailiff. This report represents a clinical evaluation conducted with the accused at the Alexaander Maconchie Centre on 10 March 2012 and a telephone call on 27 March 2012. The purpose of this report is to provide an opinion with regard to his mental state at the material time of the alleged offending.
He has been charged with a number of offences including minor theft for alleged offence that occurred on 27 November 2008, and between April 2011 and December 2011; improper use of an emergency call service for alleged offence, give false alarm of fire and emergency to other for alleged offence, contravene a protection violence order for alleged offence, trespass on alleged offences.
Role Confidentiality and Consent
From the outset I explained to the accused that I was a psychiatrist requested by you to provide you with a psychiatric report in relation to his mental state. I explained to him that any information provided to me would not be confidential and would be made available to a wider public should it be tendered to Court. I informed the view that he understood this and consented to continue.
Sources of Information
I have read the Expert Witness Code of Conduct Part 28 Rule 9C and Part 28A, Rule 2 of the District Court Rules and agree to be bound by those Codes.
I had opportunity to review:
1. The Police Statement of facts.
2. The criminal history.
3. The relevant law section.
4. A number of communications it appears provided to me by you, which are written by the accused.
Demographics
He was 41 at the time I saw him he was incarcerated at the Alexander Maconchie Centre; he was not seeing a psychiatrist or a psychologist regularly; he was single; he was not taking medication.
Clinical Issues
From the outset it should be stated that your client's presentation was unusual; he was wearing Ray Bans, a hat, his affect was intense; he manifested pressured and rapid speech, he was difficult to interrupt and had an urgent need to speak to me about Angela Magnocavallo and from outset explained that he had previously been in a motor vehcle accident; he was overfamiliar, and perseverated (returning to the same topic repeatedly) and disinhibited.
He commenced telling me that his solicitor was involved with his girlfriend, that Bernerd Collaery had been a friend for 20 years and that he was having intercourse with his girlfriend Angela Magnocavallo; he was distressed by this because Bernard Collaery was his solicitor and that having intercourse with his girlfriend was unprofessional; Bernard Collaery had been his neighbour for 20 years; he felt it upsetting that his confident Angela Magnocavallo told him she was having a relationship with his solicitor.
On one Bernard Collaery came into his driveway and told him that he should punch him and that on a second occassion Bernard Collaery came and told him that Angela Magnocavallo loved him; Bernard Collaery was still involved in his case; he kept Bernard Collaery involved because he was involved before Bernard Collaery had intercourse with his girlfriend Angela Magnocavallo of 9 months.
He explained that the closest person in his life, Vanessa Bayliss (his sister), was killed when he was 15 years of age in a motor vehicle accident, it was very upsetting for him; he was in a coma he said after this for about four weeks with loss of consciousness for four weeks and broke his arm; he stated he was aged 15 years, 108 days and 12 hours and 27 minutes,'' at the the time it happened.
He then again returned to the issue of how upset he was that his confident Angela Magnocavallo was having with Bernard Collaery; at this stage I noted that he appeared to me to be quite perseverative on this issue. Angela Magnocavallo phone told Nadine Behan, ''I now go out with Bernard Collaery.''
He then went onto state that following the accident, he had been told that he suffered ''elevation of mood, reduced concentration span, overtalkativeness, expansiveness, overfamiliarity and euphoria''; he referred me to a book on brain damage brought out by Blackwell Press and Lishman referring particularly to page 127.
He went onto speak about Chief Justice Terrence Higgins and then went onto speak about issues surrounding the World Health Organisation Classification of Impairment, Disability and Handicap.
In an attempt to keep him focused I enquired about his mental state; he said at the time that I saw him, his mood was normal, he denied euphoria or depression; he thought his concentration was ''good'' and then went onto tell me that he read the Bible in 14 days from New Year's Day between 14 January 2012 and between 27 December and 31 December 2011; that he has also read 700 pages of a book about what the Bible explains; he said when he read all he has to was to be away from distractions and he could focus on his reading; he had high energy levels, by way of example he explained to me that he had ridden from ''Canberra to Queanbeyan to Captains Flat to Major's Creek to the Araluen Valley and then to Moruya and Moruya Heads''; he had got Nelson Mandela's book ''A Long Road to Freedom'' and read it in three nights and then returned to Canberra by bike, covering a distance of about 452 kilometres.
He then referred back to Bernard Cumacille and Gerard Cumacille who said he was Mel Gibson's actual name and then he asked me if I watch Australian Broadcasting Corporation news.
He went onto speak about David Spitzer who was the cousin of his stepfather, that David's real name Spitzer; he then referred to Erica Bates and that her husband had brain tumours and they had a suicide in 1988; he spoke about the mother of Adjunct Professor Philip W. Bates and that Erica Spitzer was the brother of Dr George Spitzer when he changed his name to Spicer (anglicised) the name because he was a General Practioner. (Who I beat at Scrabble)
He said Chief Justice Terrence Higgins was familiar with the Classification of Impairment, Disability and Handicap and found him ''not guilty by mental impairment'' on 30 November 2011 and returned home and there was a restraining order and Angela Magnocavallo 0011 614 776 071 walked past his residence of 1 Anembo Street Narrabundah ACT 2604 every day.
From February to October 2011 he had an intimate relationship with Angela Magnocavallo of 48 Anembo Street Narrabundah ACT 2604 0011 612 6163 3808 ; he said at no point did she terminate relationship after cunnilinugus, fellatio and intercourse for 9 months. Angela Magnocavalllo told him that she used speed for 10 years and that she supported he speed habit by having three jobs; when she said he took it to mean that she got money to buy speed; he believed Angela Magnocavallo left Perth to avoid being involved in a legal matter involving her supplier going on trial; he thought this was important because Angela Magnocavallo would have realised by tellling him about the speed habits and that she had three jobs; that in fact she was dealing.
It was not until October 2011 when Angela Magnocavallo accessed his ''entire letterbox'' and read all of his mail; she wanted to access his trust account; she has met his lawyer and public advocate; she met his lawyer, Bernard Collaery, who he said breached client confidentially; she had looked through all his mail; she ascertained what his trust was.
He then again explained that previously he had been in a motor vehicle accident and was unconscious for a month; he said that his lawful entitlement as a consequence of this was ''multimillion dollars''; he had never ''participated'' in it because he was in the ''High Court''; by suing the Jerrawa Creek Hume Highway Road Traffic Authority ''as the cambah in the road is incorrect as the road was designed for thirty years ago when the speed limit was lower'' he would not be multimillionaire, he would be multibillionaire because he introduced a diode that emits to luxury cars, bmw, chrysler, ferrari, fiat, ford, holden, honda, jaquar, lexus, lotus, mercedes, mitsubishi, nissan, peugot, porsche, renault, saab, subaru, volkswagen, volvo...New South Wales Road Traffic Authority will pay AUS$3,777,000,000.
He went onto explain that he was a ''savant'' when he was 19,and he was offerred a million dollars to buy his first idea by Village Roadshow; his mother's brother (Uncle Wilfrid Barker) not only won the proposal to the International Olympic Committee to hold 2000 Olympics, he then raised $2,600,000,000 in media and marketing rights for the Sydney Olympics: The Best Olympics Ever.
He had told his mother his idea and Uncle Wilfrid said that it was a ''multimillion dollar idea''; he was given a Commodore 64 computer in 1983 when he was 13; he programmed in basic and observed that the Microsoft disc operating system had two spaces for dates, month and year; that in 1983 he had observed that on 31 December 1999 the date would change to 2000; thus he knew (in 1983) of the potential for the ''Y2K'' problem. this caused everyone to be able to take a lawful action against Microsoft; he then went onto state that when the recouped their costs this would exceed the value of Microsoft and he knew this in 1983: My trust will have AUS$3,777,000,000 for my liberating mind.
He pointed to a number of names on a piece, one was ''Bailiff''; he stated meant a ''minor Court official with Police authority'; 2 Chronicles 6.36-40 took ''Bailiff'' from Normandy to England in 1066'; that ''Barker'' meant a ''crier of the Court''; he stated that, as a result of the Barker's the list of people in all the Court's and colonies around the world were called the ''Barker's List''. Luke 17.31
When he was 10 his father was posted to Hamilton for one year; that he had gone to the Woomera Rocket Range and in the sand dunes (at age 10), he saw the sun being reflected from something, he followed the reflection and found a stone hunting tool; he realised that this fitted his thumb and finger perfectly; he realised at age 10 that he was in someone else's ''backyard'' and the rent for this place would be enormous.
He then explained that his father had been in London and was a ''bobby'' and that his mother's grandfather (Billy Barker) waqs the longest serving police officer in the history of Australia, serving between 1883 to 1935; And he urged me to read ACT SC 2011 R v Bailiff Not Guilty by Impairment.
He then made reference to the first case he prepared in the High Court; at age 21 he was contracted to develop products that complemented Scrabble; the first case he did in the High Court was against the Chief Justice which was reported on; the case prompted every Police Commissioner in Australia to contact Canberra for the Australian Crime Commission too be established: A Perfect $33,550,336.
When he was 30 his uncle asked him if was doing the ''Mabo'' case; he was not a lawyer but his family names are Barker and Bailiff; he matched his challenge by doing a case for an Aboriginal man; he prepared ''a High Court Writ'';as a result all the embassies undertook investigations using international law, then took ''it'' back to their country and eventually there was a ''Papal Bill''.
I had frequently lost the thread of his account-his rapid speech made it difficult for me to follow and understand what he was communicating to me.
I asked him about Angela Magnocavallo; he stated that Angela Magnocavallo told him about her speed habit in October 2011; the moment he became aware she used speed Angela Magnocavallo got a good idea he was going to report it; he was not in a position to associate with someone who did speed because he was doing cases in the High Court.
Accounnt of Alleged Offending
The offending period Novemeber 2008 until about December 2011; he stated that during that period time his mood was good, he did not endorse any significant depressive symptoms; he endorsed adequate sleep, appetite, energy, motivation, concentration, self esteem; he denied any interests; he denied any suicidal thoughts.
He did not endorse any perceptual disturbances such as voices, visions, tastes, smells, messages from the TV, the radio or the newspaper; he did not believe that anybody was plotting to harm or kill him; he denied any exterenal control.
He denied that in that time he was utilizing any drugs or alcohol.
27 November 2008
He said he never stole anything, he was financially secure, that ''the guy'' at the newsagency refused to sell him stamps; he said he bought thousands of stamps; he told the owner that ''it was pretty serious rubbish to be before the High Court''; he then bought a $1,000 worth of stamps elsewhere; that night he took all the owner's junkl mail off the newsagents windows and signage as well and threw it in the rubbish bin because he felt disrespected; he said this was not theft; he had no intention to permanently deprive him; at that stage he was 38 living opposite the shop; he was not taking any medication; he was not seeing a psychiatrist; he was working to build cases involving negligence of the Chief Justice of the High Court because his solicitor was representing him to expose criminal activity to the High Court.
6 December 2008
He went on Annual Memorial Tour to visit Vanessa Camille Bayliss buried in Healesville cemetary.
30 January 2009
He intuited 43 degrees and great wind firestorm killing countless people in Great Dividing Range.
He was threatened with bobcat by Gerald Franks 0011 612 6230 6999; So he told Gerald Franks; "He will pick up a rock; drop it through his windscreen; so he can send the bill to his trustee; and the issue will be before the Supreme Court; Chief Justice Terrence Higgins ordered "Not Guilty by Impairment".
7 February 2009
Black Saturday killed 173 people, burnt 5000 people, burnt 4500 acresand burnt 2029 homes.
6 December 2009
He went on Annual Memorial Tour to visit Vanessa Camille Bayliss buried in Healesville cemetary.
16 March 2010
He intuited a police officer shooting himself, so he called ''000'' to report police shooting.
22 March 2010
9:30pm Sergeant Anthony Vangorp fatally shot himself at 37 Harker Street Healesville VIC 3777.
6 December 2010
He went on Annual Memorial Tour to visit Vanessa Camille Bayliss buried in Healesville cemetary.
14 April 2011
He went to the police station; he had a junior person who was not a police officere; he thought the only way to speak to the police officer was to make a phone call; he thought person was a junior volunteer; he made the emergency call because in phoning ''000'', they would have no choice but to take it to a higher level; in addition other people call ''000'' on him; he was not prepared to put up with the insolence by the Woden police station.
14 June 2011
In June 2011 he was aged 40, living at home; he was not taking any psychiatric medication; he had spent most of that year removing old treet from his old block and planting different seeds and trees; he was collecting these from many different places; he said the ground in Canberran is dry so he was collecting these for his backyard to cover the ground so it did not get dry and he would have more insect activity under the leaves and increase fertility.
In June 2011 he said he had four leaf bags; he was in Canberra Avenue (at the chiropractor); he had filled about four one tonne sand bags with leaves; he had raked up the leaves and he told ''the man at the gym'' that the leaves were on the nature strip; he asked this person if he minded if he raked up the leaves and took them; he went into reception and asked if he could borrow a rake; when he went in they had a bag of peanuts there and he said he would be more than happy to collect all leaves in exchange for a bag of peanuts; the person told him it was only for members; the accused suggested he become a member of the gym; he said that the person's behaviour was ''hostile and threatening to him''; he said this person had no idea that he knew he had illegally converted his premises to a gym; the person told him ''if you do not leave I will call the police'', so the accused said he would call an ambulance; he took the four bags of leaves to the house next door and then hid in the caravan; explained that when someone calls an ambulance, police can hear this as well, by calling an ambulance he was also notifying the police of a ''problem''; this meant that the police arrived at the gym and the person would explain that the police were called because a man was raking up his leaves; the ambulance would also speak to the man at the gym; he hoping the police and ambulance would calm the man and the gym down; the ambulance arriving would indicate that he feared his safety (the police had previously shot a person and made him quadraplegic so this was protective for him); after the police came he went to the pictures and he was arrested later; they arrested him on the day he triple ''000'' they came to his house and he climbed a tree. Sergeant Harry Thomas Hains 4928 told Sergeant Adrian Craft 3260 to say ''I would like to shoot you but I do not have my gun with me as I am here as a negotiator''. His solicitor Bernard Collaery rang him whilst he was up the tree and he agreed to get down the tree on the condition the police do not shoot him and Bernard Collaery speaks to the police from his phone after he gets down the tree.''; he stated the police regularly threatened him, and climbing the tree was his only safety.
7 July 2011
He said Andrew Jones had Rouge Cafe; when he was dragging a bag of leaves down the road Andrew Jones tooted his horn because he was dragging leaves down the road; he dragged leaves past Andrew Jones and said ''fatso do you want me to drop the leaves'', Andrew Jones had earlier tooted his horn and had got a restraining order against him; once he got the restraining order he said Andrew Jones called police saying he had breached the restraining order; he knew that by the police taking a statement the Magistrate would dismiss this out of Court which he said happened, so Andrew Jones felt humiliated.
2 August 2011
He had been served a summons breach of restraining order; because he had been served a summons he photocopied it at Dr Stephen Moulding; he climbed a tree and got into the first floor and throught the window of the real estate agent; the restraining order said he could not walk with 10 metres of Rouge Cafe so he climbed a tree to avoid breaching the restraining order and then gave copies to the ''Words Worth Writing'' place and gave photocopies; he then went down the fire exit through D'Browes so he did not go within 10 metres of Rouge Cafe and on 4 August 2011, he went to Spirit of Beauty and also gave them a photocopy; he slept in Spirit of Beauty because the door was not locked to protect the white goods from being stolen, this was over the roaad from where he lived; on 5 August 2011 he gave a photocopy to Danny's Bakery.
October 2011
Between October 2011 and 14 November 2011, he visited Angela Magnocavallo on numerous occassions; he said he did not understand what was going on with her; in addition to this Bernard Collaery lending Angela Magnocavallo his car and paying for her fuel; Angela Magnocavallo had said he should leave a note if he wanted to talk, so he left a note saying ''talk'' and then police came and arrested him for trespass and served him restraining order so he could not go to Angela Magnocavallo at 48 Anembo Street Narrabundah ACT 2604 0011 612 6169 5679
6 December 2011
He went on Annual Memorial Tour to visit Vanessa Camille Bayliss buried in Healesville cemetary.
9 December 2011
Bernard Collaery wrote to Mandamus letter to Dr Peggy Brown complaining of "elevation of mood".
24 December 2011
An Domestic Violence Order 674 of 2011 was taken by Angela Magnocallo in October/November 2011; Angela Magnocavallo lived near to him; he was sitting at shops talking to one of his neighbours, she was 100 metres away from him; the shop was in front of his house; she walked 50 metres from him, he never left; he sat there the whole time; when he had first seen her he said to his Italian Special Forces Carbonari ''Dominic Celestino'' of La Cantina ''Bernard Collaery is shagging Angela Magnocavallo''; when Angela Magnocavallo came close she was in breach of Domestic Violence Order 674 of 2011 and he had three independent people witnessin her breach of the order.
He siad that Angela Magnocavallo made a complaint because she was a ''control freak'' and had presumed that he had told Dominic and his Cusack heir that Angela Magnocavallo was shagging Bernard Collaery; it was in fact that he said Bernard Collaery was shagging Angela Magnocavallo and so she was incorrect as she could not even hear; he said she had made a complain because she was angry that she had no ability to control his faxes.
Angela Magnocavallo made a condition that she could not visit him, so he faxed her workplace and made phone calls about what he was thinking; he explained he had been in a relationship with her and he was communicating with her; there was no restraining order served at the time.
She had asked for written consent to access his trust account; he had written consent and tore it up into four pieces, he had gone to the toilet and she had tried to stop him; Angela Magnocavallo was over behind and he was trying to stop her; he denied any aggression; he denied making any threats; he went to her place of employment; he said that she came out of the conference room. Blackett Homes L4 65-67 Constitution Avenue Campbell 0011 612 6241 6311 or 4 Liz O'Neill Street Casey 0011 612 6166 5605.
Other Issues
In 2011 he continued to post envelopes out; 659 Shires, 800 Police stations, and a 1,000 emergency services locations; he stated the more he did this (alluding to a document he provided to me headed Royal Military College of Australia - Duntroon); he said the more pages went around the country the more people contacted Duntroon to complain about the fact that the Australian Federal Police had proceedings against Rachel Michelle Piercey for making a false that he had a gun to her head; he reiterated that this was a false allegation.
He said the Chief Justice of the High Court and he had since become friends and this page became evidence in the Supreme Court last year.
He stated Rachel Michelle Piercey had not been dealt with; his life hasd been affected by her; by the time he put the case in the High Courthe had been arrested 60 times for allegations that had no substance; he had been arrested by people who wanted to discredit him because he had proceedings in the High Court against people who were continually conspiring against him.
The list had incited Rachel Michelle Piercey to make false allegations and that all the people on this list (the document alleded to) were communicating with each other; he did currently believe they were still communicating but they had before.
But he was seeing injustice in that he had been bullied by society because he had brain damage.
Between August 2011 and November 2011 he had sent Angela Magnocavallo numerous faxes; Angela Magnocavallo had been his lover for nine months; he thought that doing this was ''good communication''; he stated that it was common knowledge that no-one ever went out with friends; I asked him if he understood that Angela Magnocavallo had refused contact with him and asked if he understood ''no'' in terms of interpersonal relationships; he stated ''you don't understand who I am, I take the issues to the High Court, I continued to follow her because she came to talk of suiciding.
Previous Psychiatric, Family, Medical and Substance Abuse History
He first saw a psychiatrist on 21 September 1992 when he was admitted to Woden Valley Hospital for 5 days; he was not sure what the diagnosis was, he thought it was ''nothing''; he did not believe he had ever recieved any consistent ongoing treatment by a psychiatris. Constable Harry Thomas Hains 4928 from the Federal Court cells during the day rang Psychiatric Nurse Mark Ryan to find out what access Alexander Bailiff had to the phone. At 20:30 Constable Harry Thomas Hains 4928 rang and spoke to Mark Ryan telling him someone rang Rachel Michelle Piercey and then put Alexander Bailiff on to speak which was a breach of the restraining order for Constable Harry Thomas Hains 4928 would have to arrest Alexander Bailiff. Mark Ryan told Constable Harry Thomas Hains 4928 that was impossible and he was the only one that made phone calls on behalf of Alexander Bailiff. At 20:45 Mark Ryan asked Alexander Bailiff to show him the list and time of phone calls he requested.
On 25 September 1992 Detective Sergeant Dave Baker asked Alexander Bailiff in Supreme Court if he also escaped secure psychiatric ward and raped Rachel Michelle Piercey on 24 September 1992.
He suffered a motor vehicle accident in 1985, as already described, and told me he had brain damage; he had never taken any psychiatric medication, he had never attempted suicide; he told me he had neuropsychological testing which showed he had frontal lobe damage.
He denied knowledge of a family history of mental illness.
He had never abused drugs; he drank socially but drank infrequently.
He had never been diagnosed with diabetes, high blood pressure, cancer, heart disease, epilepsy, convulsions, meningitis, encephalitis, head injuries, thyroid or hormonal problems.
Background History
He denied antenatal difficulties; he thought his milestones were normal but he was born eight weeks premature.
He achieved year 12; he said he had no learning problems; he was above average student; he had no difficulty making or maintaining friends; he got on well with teachers; he was never expelled or suspended but stated that after the accident he had become isolated from close friends and spent a significant period of time in Royal Canberra Hospital; he did not endorse memory or significant behavioural problems.
He came from a family of three; he was the second eldest; his parents seperated when he was 10; he was brought up by his mother but did continue to see his father; he denied being exposed to domestic violence, sexual abuse or physical abuse; he thought he came from a loving and familial environment; his sister died when she was 16.
I relation to employment he seemed to be somewhat vague; he alluded to being offered a million dollars for an idea at age 19 and starting his own company; he said he was employed by ''numerous people'' in the ''private sector'' and ''public service'' but it did not appear that he could give any specific details in relation to this.
His first relationship had been in year 11 and 12 for two years, his next relationship was 12 months in 1996 and the following relationship had been for nine months with Angela Magnocavallo.
Document Review
There was a report by Dr George dated 24 August 2003 in relation to his fitness to plead; in this report he reviewed the opinion of Dr Sidney Smith, Dr Greg Hugh and Associate Professor Cathy Owen noting that Dr Sidney Smith saw him on 7 May 1996 and thought he had a diagnosis of manic episodes; on 14 January 1999 he saw Dr Greg Hugh who thought he had a diagnosis to be ''contentious'', considering the diagnosis of a psychotic disorder due to brain injury with delusions and mood disorder and also frontal lobe syndrome but he thought he possibly had a primary psychotic disorder; Associate Professor Cathy Owen saw him on 12 October 1999 and believed he suffered from ''pseudologia fantastica'', that is a factitious disorder and that he suffered from symptoms of frontal lobe damage; that there was, over time an improvement in his level of cognitive function but mild cognitive impairment continued noting that he suffered a closed head injury in 1985; Dr George was of the view that he had an organic mental disorder incorporating changes in cognitions, mood and personality; bipolar affective diasorder and possible evidence of factitious disorder and a mixed personality disorder in the context of his brain injury; he noted that he was circumstancial, tangenitial, and expressed delusional ideas with grandiosity; he barely drew a breath during the interview; his affect was positive and affable; he was preoccupied with matters associated with the High Court believing the Chief Justice to be incompetent.
There was a report dated 23 July 2004 by Dr George; he noted that in interview he moved from subject to subject but there were links in the different subjects; he had difficulty following his associations on occassions; he maintained grandiosity and mood elevation; found it difficult not to draw the conclusional he was delusional; he thought he suffered a mental illness with a mood disorder and association with prior brain damage presenting with frontal lobe damage.
There was a report by Ray Lines, intern psychologist, which is dated 11 November 2004, who noted that they first had contact with him on 17 September 2004 and had met him on seven occassions; he remained fixated on legal issues and had desire to make common law, and continuously informed him on his brain damage; he presented him with an envelope containing his numerous documents; he was preoccupied with whether he had read it; it was difficult to have a two way conversation when he seemed to control it; he tried to get him to commence mood stabilising medication but he did not see the need; it was felt that he was in ''no way willing'' to change his offending behaviour despite motivation; it was doubtful whether or not he would positively respond non pharmacological interventions.
There was a report dated 17 June 2005 by Ray Lines noting that he continued to engage with Mr ''Bailiff''; his attendance had been satisfactory with ongoing difficulties in therapeutic engagement, an exaggerated concept of self importance and sense of entitlement, narcissistic traits and ideas of grandeur; he was fixatated on legal matters; he seemed to have little empathy for others; he could not see negative consequences to his behaviour; he thought attending the service was a waste of time; he did not seem to be contemplated with changing his behaviour.
There was a report dated 29 May 2006 by Dr George who continued to believe he suffered from an organic mental disorder with predominantly frontal lobe syndromes and organic personality disorder characterised by reduced goal directed activities, emotional ability, shallow and unwanted cheerfulness (euphoria, inappropriate jocularity), irrability and outbursts of anger and aggression, not considering consequences or social convention; he noted the symptoms could mimic hypomania but their true elation was absent because the person did not report feeling overly happy; he had limited ability to anticipate social or legal consequences of his actions.
There was a report dated 29 May 2008 by Dr George who remained of the same view.
There was a report dated 22 May 2009 by Dr George who continued to believe that he had a diagnosis of organic personality disorder with frontal lobe syndrome and described in previous reports.
There was a further report by Dr George dated 7 August 2009; at that stage he was under a treatment order and Dr George recommended he was placed on an injectable medication in the form of Risperdal Consta 50mg; he did not believe his behaviour would change without this type of medication.
There was a report by Dr George dated 29 April 2011; he thought him unfit to plead.
There was a transcript of proceedings in the matters of Alexander Bailiff dated 16 September 2011; it appears that Mr Bailiff represented himself during this hearing; in his evidence Dr George noted that there was neuropsychological testing and Magnetic Reasonance Imaging findings to confirm brain damage on the left hand side of his brain.
Mental Status Examination
The accused's demeanour has to a large degree been described at the beginning of this report; generally he was reasonably kempt but unusually attired; he spoke rapidly with intensity manifesting suppressive speech, was overly talkative, over familiar, expansive in his affect; he, in my view, manifested a tendency towards perserveration, flight of ideas (it is difficult to determine); he was able to be brought back to a topic but quickly moved onto other topics; he manifested difficulty in inhibiting his underlying urgency and in conforming it to the circumstances he found himself in in interview with me; his mood, in my view, was euthymic although his affect was expansive; he endorsed a number of symptoms that he could be seen to be consistent with hypomania; there was no evidence of depression; he was intense giving the impression that he was highly anxious to have his perspective understood by me; he denied any suicidal ideation, plan or intent; he had a number of grandiose ideas for which I have limited evidence at this stage and thus the symptoms could be construed as being of a delusional nature. I did not perform formal cognitive testing as the nature of the interview was somewhat disorganised and I had run out of time; his capacity for insight and judgement, in my view, was severely impaired or his executive functioning.
Opinion
In my opinion when I saw your client he was manifesting symptoms consistent with severe executive dysfunction derived from a brain injury that he suffered in 1985, at approximately age 15 years 108 days 12 hours and 27 minutes, when he was involved in a motor vehicle accident that claimed the life of his older sister Vanessa Camille Bayliss 16.
It is likely that prior to this head injury that he was relativelt high functioning and intelligent individual; it is also likely that the predominant area of damage was in the area of the frontol lobe which was impacted specifically on his capacity to confoem his behaviour to social norms, to inhibit responses to certain social situations and to some degree, his capacity appears to have maintained intact capacity for memory, language, perception, concentration and intelligence; as a result of this cognitive impairment can be initially overlooked by others.
However he manifests a severe cognitive impairment in his ability to conform his behaviour to social norms; as a consequence he manifest disability in the area of his interpersonal relationships, social interactions, social reasoning and social convention; he is prone to become preoccupied and perseverative in regard to specific ideas that he has, to hold them and interpret his environment in a relatively concrete fashion in relation to his perception of what is happening in his environment and thus is severely compromised in his capacity to conform his behaviour; he maintains the emotional ability to feel aggrieved, angry, hurt when treated, in his view, unfairly by others (which I suspect is a daily experience for him because of his unusual presentation).
His presentation is similiar to hypomania in that he manifests pressured speech, is talkative, expansive, and overfamiliar with poor social judgement and he could also meet criteria for a hypomania, however his hypomanic symptoms are not fluctuant but are relatively persistent and thus would be more attributable to impairments as a consequence of his brain damage.
He describes coming from a relatively difficult development background; his parents seperated when he was relatively young; he was brought up by his mother but maintained contact with his father; he denied exposure to domestic violence, sexual abuse or physical abuse; while he endorses a reasonable scholastic trajectory there is some evidence to suggest changes in his social interactions; he has a limited relationship history and, in my view, probably a poor employment history but I would not diagnose a personality disorder as his presentation is likely due to head injury.
He denies any other major medical problems, but I did not formally examine him.
The most significant stressor impacting on him at the time that I saw him related to his current incarceration (142 days) and his distress at his perception of an inappropriate sexual relationship between his ex-girlfriend Angela Magnocavallo and someone who he perceived as his solicitor Bernard Collaery.
His functioning in my view is severely impaired in the area of interpersonal social and occupational domains and this is likely a stable characteristic and long term.
I noted that there are two periods of offending, one period in 2008 and then a further period in 2011.
He suffered a head injury in 1985; between 2008 and 2012 the consequences of that head injury would have remained stable and persistent; it is likely that the same difficulties that he was experiencing at the time that he saw me were likely present for the duration of the offending period both in 2008 and 2011.
On this basis, in relation to all offences, he would have been suffering a ''mental impairment''; as a consequence of brain damage.
It is likely that his mental impairment seriously impaired his capacity to know the nature and quality of his conduct; it is also likely that he was compromised in his capacity to know that his conduct was wrong; however during the period of his offending (2008 and 2011) his mental impairment had the effect that his capacity for controlling his conduct was seriously compromised and on balance he would have available to him a defence of ''not gulty by mental impairment'' as found in R v Bailiff 2011.
I trust that this is helpful.
Dr Stephen Allnut
FRCPC, FRANZCP, Fellowship in Forensic Psychiatry (Canada)
Senior Consultant Forensic Psychiatrist
Conjoint Senior Lecturer, UNSW
Australian Capital Territory Supreme Court R v Bailiff 30 November 2011.
Alexander Marcel Andre Sebastian Barker Bailiff
''What is new is the symptoms of brain damage which comes under the World Health Organisation Classification of Impairment, Disability and Handicap.''
Chief Justice Terrence Higgins
''I am familiar with the Classification of Impairment, Disability and Handicap. Not Guilty.''
10% of Society Guilty of W.H.O. Classification of Impairment, Disability and Handicap.
10% of Society Not Guilty by W.H.O. Classification Impairment, Disability and Handicap.
''Parker QC, Roger, Barrister-at-Law, (61 2 9221 3890), p.127, Chapter 7, Adducing Evidence to Prove or Disprove Brain Damage, Brain Damge Medico-Legal Aspects, Blcakwell Press, Sydney, (1994). (My Phaedra complex Philip W. Bates is General Editor, Adjunct Professor, University of Sydney & Sir Owen Dixon Chambers)
''6. The Clinical Picture in Focal Cerebral Disorder Lishman says at p.16 that strictly focal brain damage can be responsible for both acute and chronic organic reactions. He says that a frontal lesion may confer distinctive changes of disposition and temperment. Most characteristic is a disinhibition with expansive overfamiliarity, tactlessness, over-talk[at]iveness, childish excitement or prankish and punning social and ethical control may be diminished with lack of concern for the future and for the consequence of actions. Sexual indiscretions and petty misdemeanours may occur, or gross errors of judgement with regard to financial or interpersonal matters. Sometimes there is a marked indifference, even callousness for the feelings of others. Equally lack of anxiety and insight on the part of the patient into his or her condition. Elevation of mood is often seen, namely an empty and fatous euphoria rather than a true elation which communicates to the observer. In other cases the principal changes are a lack of initiative, aspontaneity and a profound slowing of psychomotor activity. Concentration, attention and ability to carry out a planned activity are impairedby these changes but performances on tests of formal intelligence is often surprisingly well preserved once the patients cooperation has been secured.''
Reference:- Lishman, William Alwyn, Organic Psychiatry, the Psychological Consequences of Cerebral Disorder, Blackwell Scientific Publications, Oxford, (1987).
Curriculum Vitae
Dr Stephen H Allnut
M.B. Ch., B, FRCPC,
FRANZCP
Forensic Psychiatry
Level 5, Suite 506, 75 Miller Street, North
Sydney NSW 2060
PO Box 876 North Sydney NSW 2059
Telephone 0011 612 9929 2913 Facsimile 0011 612
9929 2914
Qualifications
Bachelor of Medicine, Stellensboch University,
1981, South Africa.
Licentiate of the Medical Council of Canada, 1988,
Canada.
Member of the Royal College of Physicans of
Canada, 1994, Canada.
Fellowship in psychiatry from McMaster University
in Canada, 1994.
Special training in Forensic Psychiatry at the
University of Ottawa, 1995.
Fellow of the Royal Australian and New Zealand
College of Psychiatrists, 2001, Australia.
Experience
Formally trained forensic psychiatrist with 14
years, forensic experience.
Part-time private forensic practice in
Sydney.
Senior Consultant Forensic Psychiatrist to the NSW
Health Department.
Has acted as expert witness in higher and loca
courts; in criminal and civil cases; in Canada, New Zealand and Australia; and
in both public and private arena.
Expertise
Accredited in the assessment of permanent
psychiatric impairment for MAA and Workcover.
Causation, mental injury, professional sexual,
offending/negligence and the civil competencies.
Section 33 fitness to stand trial, insanity,
automatism, substancial impairment, specific and general intent.
Assessment of risk for violence and
recidivism.
Special offender groups such as arsonists,
stalkers, threateners and sex offenders.
Assessment and treatment of persons with mental
illness who are incarcerated.
Positions
Consultant Forensic Psychiatrist, Forensic
Psychiatry Services in Auckland, New Zealand (1995-1997).
Deputy Director of Forensic Psychiatry Services in
Auckland, New Zealand (1997-2000).
Director of Mental Health Services; Senior
Forensic Psychiatrist at Long Bay Hospital (2000-2002).
Senior consultant to the NSW State-wide Court
Liaison sERVICES FROM (2002-2003).
Acting Area Director of Mental Health for Central
Coast Health (2004).
Currently Cliniccal Director of the NSW Community
Forensic Mental Health Services (2005-2012).
Awards
American Academy of Forensic Sciences for best
research paper in 1995 by forensic psychiatry trainee (1995).
NSW Premiers's Gold Award for work with the NSW
State-wide Court Liaison Services (2003).
Prior Professional
Commitments
Secretary of the Federal Section of Forensic
Psychiatry of the RANZCP.
Co-opted member of the NSW RANZCP branch committee
(co-opted for forensic issues).
Member of the WorkCover Sterring Group for Permant
Psychiatric Impairmant.
Member of NSW AHealth Sentinel events, Homicide
Sub-Committee.
Recognized as an expert in sex offenders by the
NSW Commission for Children and Young People (Clinical Level).
Current Professional
Commitments
Provide reports and advice to the privatwe legal
practioners, Legal Aid, NSW Mental Health Review Tribunal, NSW Public Defenders
Office, Office to the Director of Public Prosecutions, NSW Parole Board, NSW
Crown Solicitors Office.
Examiner for the RANZCP.
Recognised as an expert in sex offenders by the
NSW Commission for Children and Young People (Supervisor Level).
Board nominated psychiatrist for the NSW
Children's Court Clinic.
Member of the Department of Corrective Services
Ethics Committee.
Committee member of the Australian and New Zealand
Academy of Psychology, Psychiatry and the Law.
Conjoint Senior Lecturer in Psychiatry at
UNSW
Member of the NSW Mental Health Review
Tribunal..
Academic
Presented at peer-reviewed conferences in
Australia, New Zealdn, Canada and United States.
Published on a number or forensic topics in peer
review journal and book chapters.
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