COLLAERY LAWYERS
Branchfield Chambers
33 Canberra Avenue
Forrest ACT 2603
Dr Peggy Brown
Director - General
ACT Government Health Directorate
GPO Box 825
Canberra ACT 2601
Dear Dr Brown
Re: Alexander Marcel Andre Sebastian Barker
Bailiff
I write to you as an affected party with respect
to the above named. As with many lawyers and court staff in the ACT, I came
across the man during his habit of attending the Court precincts. Later I came
to know of his circumstances and by some conincidence he was allocated through
ACT Housing Trust and his support person Mr Gerald Franks a 3 Bedroom property
at 1 Anembo Street Narrabundah. At that time, I resided at 35 Anembo St which
has the adjoining back fence.
Alex's behaviour has been moderated by well
disposed persons in the community over the years. For example, there is a couple
Margo and David Reedy at O'Connor who met Alex by chance and have befriended him
over the years. Alex usually attends dinner on one night a week, currently
Tuesday nights at the Reedy's. I have attended such a dining night. Alex is well
behaved, and hisa dress and table manners appropriate. The Reedy's may be
contacted on (02) 6249 1831.
Alex came into conflict with the newsagent across
the road from his home when Alex, reasonably, moved large garbage bins from the
rear of the newsagent shop to further up the lane away from residential
premises. This was not taken kindly by the newsagent who has the key to
community gardens and tennis court, who has been a community leader in
Narrabundah for many years. This conflict escalated and resulted in charges of
malicious damage to property against Alex when he reomoved advertising from the
newsagency walls.
Generally speaking, Alex observes Court orders and
restraining orders. Nevertheless he knows how to skirt the edge of these orders.
In other words, when it suits him he appears to have the necessary
insight.
Your clinical files will no doubt contain an
appropriate reference to his articularity, lucidity at most times and general
non-aggressive behaviour.
Since late August 2011, Alex's behaviour has
deteriorated. He had formed a friendship with another neighbour at 48 Anembo
Street, Angela Magnocavallo and during the currency of that friendship or
relationship, his bahaviour was quite moderate. Nevertheless, he continued some
of his exhibitionist and uninhibited behaviour.
In August of this year, the relationship broke up.
It was certainly on non speaking terms when I returned from overseas to find
Alex in an agitated mood. I am informed by Angela Magnocavallo that the rupture
occurred over aggression and violence towards her. Other neighbours attempted to
moderate the circumstances by warning Alex with respect to his behaviour. Mr
Neil Sewter of 33 Anembo Street (0413 153 028) has also sought to assist and
moderate Alex's behaviour.
Angela has been in contact with Alex's mother, and
I have spoken Alex's step-father Mr Philip Bates, who is a Barrister
specialising in medico-legal matters. Mr Bates is able to discuss Alex's
condition in an informed manner. I am advised that when medicated in Darwin,
Alex was complaint an a non nuisance. There appears to be no opposition within
the family for Alex to receive appropriate treatment.
In the past two months the situation has reached
an extent in the street whereby Alex committed acts of vandalism including
chopping the top off a tree that he knew the incoming owner Jolan Yik-Paal
liked. He also cut a main limb off another fruit bearing tree in Jolan's garden.
He expressed unhappiness that I was moving and admitted that he was angry over
my departure and friendship with Angela and her sister.
Alex commenced stalking Angela Magnocavallo, her
sister Gianna, another friend of Angela Magnocavallo's and protection orders
were secured by all. I understand that stalking charges are pending. When I
returned from Washington recently, I found Alex has transferred his ire to me,
blaming me for the break up of his relationship. He has distributed lurid
sexually explicit messages throughout the community. I enclose a sample of this
work. He has trespassed on the premises of my wife and my son's work place
leaving offensive material.
He has placed offensive messages on the internet
involving myself, various persons, including his neighbours. He has
intelligentlyskirted the law by using different internet blog sites making
methods of proof difficult for the police. His current blogs were:
(includes a list of some of Alex's blogs)
These blogs were removed but Alex remains free to
restore via another account.
Jolan Yik-Paal is a legal practioner. She is
currently on maternity leave. She may resume work in our legal practice in due
course. She is upset by the postings and approves of this letter. The internet
matter is quite serious. The material is an embarrassment.
I understand that there is an unexecuted
Psychiatric Treatment Order.
Over time, I have discussed these matters with
senior police. It is long past the time for Mental Health authorities to move on
this issue. I have assisted Alex from time to time to ensure he stays out of the
criminal justice system. This has not always been possible. His exhibitionism,
and disinhibition is mixed with intelligent method. He can comply with orders
and arrangements made for him when he feels like it. He has developed what I
believe to be a carefully thought out strategy of contrived madness so as to
evade the legal implications of his actions.
Some months ago before I went to Cambridge, he
informed me that he would show the authorities that Justice Penfold's finding
that he was fit to plead was wrong, and that he was unfit to plead. He made
clear to me that he would commence a course of conduct to demonstrate that he
was unfit to plead. When I returned from Washington, it became quite apparent to
me that he had contrived by virtue of the break up of his friendship with Angela
Magnocavallo and his vandalism a method of demonstrating his madness. He was
recently found fit to plead but mentally unsound at the time of the offence
(malicious damage). I am concerned that he has contrived the situation where he
feels immune from any form of control over his behaviour. His stalking and
harassing behaviour has escalated.
As an affected party, and in unison with others
including neighbours at Anembo Street, I am minded to seek a writ of mandamus
against your office to take steps. I am well aware this would be welcomed by the
Australian Federal Police and many people in the community. I do not wish Alex
to enter the criminal justice system, and I am anxious not to escalate the
circumstances.
I return to Cambridge on 16 December 2011 and I will be away for 6-8 weeks. I am concerned for the welfare of Jolan Yik-Paal, my former neighbours and Angela Magnocavallo and Gianna. I am concerned for the welfare of Alex as well. You have the clinical speciality, and I expect to hear soon that the some action has been taken, I may be oblidged at great inconvenience to approach the Court for a Writ. I do not think Mental Health should have to hide behind a writ before action is taken to assist the community and Alex in this situation. I feel that Mental Health is failing the community and pushing Alex towards the criminal justice system.
It is commonly said that Alex is the unfortunate victim at age 15 years of a motor vehicle accident wherein he suffered organic brain injuries. That is an incomplete case history. I commend contact by your Office with his mother and step father.
I have learnt from family sources that prior to the motor vehicle accident, Alex had behaviour challenges. For exampole, he klilled his sister's guinea pigs (Vanessa, his sister, subsequently died in the motor vehicle accident). He was excessively attention seeking and disinhibited. School authorities were challenged by his conduct. His jeolous response to his infant brother, Jean Paul, resulted in his mother having to remain alert.
Accordingly, I do not accept that this behaviour is solely due to organic brain injury. He was a long term challenge that may be amenable to treatment. He needs daily visits and monitoring. We should not have to bear this burden. Alex has continued to blame all on the motor vehicle accident. he blames his previous lawyers for an inadequate damages payout but fails to deal with his pre-exisitng condition and affect this may have had on future economic loss.
Jolan Yip-Paal says she is too scared to leave her baby alone for a moment. The Magnocavallo sisters live in fear and the rest of the neighbourhood suffer his constant trespassing, be it fruit picking or other behaviour. Alex is adept at house entry. He has found keys and once drove my motor vehicle without authority.
I have sent a copy of this letter to the Mr Gerard Franks of the Canberra Mens Centre, Richard Baumgart Director of Housing (ACT), and to Alex's solicitor Michael Kukulies-Smith. I want to make something very clear. If a tragedy befalls Alex or any third party I will pursue resolutely the failure by ACT Mental Health to develop a supportive program for Alex.
Yours sincerely
Bernard Collaery 0011 61417 262 392
I return to Cambridge on 16 December 2011 and I will be away for 6-8 weeks. I am concerned for the welfare of Jolan Yik-Paal, my former neighbours and Angela Magnocavallo and Gianna. I am concerned for the welfare of Alex as well. You have the clinical speciality, and I expect to hear soon that the some action has been taken, I may be oblidged at great inconvenience to approach the Court for a Writ. I do not think Mental Health should have to hide behind a writ before action is taken to assist the community and Alex in this situation. I feel that Mental Health is failing the community and pushing Alex towards the criminal justice system.
It is commonly said that Alex is the unfortunate victim at age 15 years of a motor vehicle accident wherein he suffered organic brain injuries. That is an incomplete case history. I commend contact by your Office with his mother and step father.
I have learnt from family sources that prior to the motor vehicle accident, Alex had behaviour challenges. For exampole, he klilled his sister's guinea pigs (Vanessa, his sister, subsequently died in the motor vehicle accident). He was excessively attention seeking and disinhibited. School authorities were challenged by his conduct. His jeolous response to his infant brother, Jean Paul, resulted in his mother having to remain alert.
Accordingly, I do not accept that this behaviour is solely due to organic brain injury. He was a long term challenge that may be amenable to treatment. He needs daily visits and monitoring. We should not have to bear this burden. Alex has continued to blame all on the motor vehicle accident. he blames his previous lawyers for an inadequate damages payout but fails to deal with his pre-exisitng condition and affect this may have had on future economic loss.
Jolan Yip-Paal says she is too scared to leave her baby alone for a moment. The Magnocavallo sisters live in fear and the rest of the neighbourhood suffer his constant trespassing, be it fruit picking or other behaviour. Alex is adept at house entry. He has found keys and once drove my motor vehicle without authority.
I have sent a copy of this letter to the Mr Gerard Franks of the Canberra Mens Centre, Richard Baumgart Director of Housing (ACT), and to Alex's solicitor Michael Kukulies-Smith. I want to make something very clear. If a tragedy befalls Alex or any third party I will pursue resolutely the failure by ACT Mental Health to develop a supportive program for Alex.
Yours sincerely
Bernard Collaery 0011 61417 262 392
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