President
ACT Civil and Administrative Tribunal
Level 4, 1 Moore Stree
Canberra City ACT 2601
Dear Sir/Madam
Re: Alexander Marcel Andre Sebastian Barker Bailiff DOB 25 August 1970
Thank you very much for asking me once again to do a psychiatric assessment on Alexander Bailiff whom I have seen on numerous occassions for eithier psychiatric assessment or a Fitness to Plead assessment in relation to court charges. I am including in this report my most recent report on Mr Bailiff dated 29 April 2011 and another dated 7 August 2009.
On this occassion, Mr Bailiff was seen at the Alexander Maconochie Centre in an interview room. He was cooperative during the interview and understood the implications of the assessment. He was aware he was once again seeing a psychiatrist.
I acknowledge I have read the Expert Witness Code of Conduct in Schedule 1 of the Court Procedure Rules 2006 and I agree to be bound by it.
Because of the fact I have seen Mr Bailiff on many occassions previously and reviewed copious file material on him, I have not reviewed that particular iinformation on this occassion. I believe that I first saw Mr Bailiff for a psychiatric assessment in 2002 when I was asked to give a second opion on that occassion. He presented as somewhat of a diagnostic dilemma and his diagnosis was somewhat uncertain.
However, review of the material at that time tended to indicate that he had an organic mental disorder secondary to a brain injury when he was a child and this brian injury was a direct result of being involved in a motor vehicle accident whereby his sister had died. [Vanessa Camille Bayliss]
Presentation
Mr Bailiff was dressed in prison clothes. He was hygienic in presentation. He was over 180cm in height and probably weighed in the area of 80kg. He had a thin constitution but looked reasonably fit. He had a full beard and wore glasses.
He sat on the short end of the table and spread out in front of him were several documents and letters.
He indicated that these related to his court case and what had occurred in his life recently.
Mr Bailiff did not exhibit any abnormal movements, mannerisms or motor tics, although there was a general sense of agitation associated with his presentation. He did not exhibit any speech impediments of abnormal vocalisations.
He did exhibit marker formal thought disorder. His associations were illogical at times and it was difficult to follow the thread of his conversation. He exhibited tangential thinking and derailment on numerous occasions. He switched between subject matter quite regularly and did not appear to be able to maintain his concentration in order to deliver a logical sequence of ideas. He also exhibited pressure of speech as well as flight of ideas. His conversation included detail that he had been in custody since Christmas Day. He said that over his first five days in remand, he read a 700-page book titled ''What the Bible is All About''. He then said that over the next 14 days he ''read the bible cover to cover.''
Yours sincerely,
Dr Graham George M.B, B.S., F.R.A.N.Z.C.P.
Consultant Psychiatrist
Tuesday 11 September 2012
Collaery Lawyers
9th December 2011
Dr Peggy Brown
Director-General
ACT Government Health Directorate
12 Moore Street
GPO Box 825
Canberra ACT 2601
Dear Dr Brown,
Re: Alexander Marcel Andre Sebastian Barker Bailiff
I write to you as an affected with respect to the above named.
As with many lawyers and court staff in the ACT, I came across this man during his habit of attending the Court precincts. Later I came to know of his circumstances and by some coincidence he was allocated through the ACT Housing Trust and his support person Mr Gerald Franks a 3 bedroom property at 1 Anembo Street Narrabundah. At that thime, I resided at 35 Anembo Street which has the adjoining back fence.
Alex's behaviour has been mkoderated by well disposed person 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. Alexa usually attends dinner one night a week, currently Tuesday nights at the Reedy's. I have attended such a dining night. Alex is well behaved, and his dress and table manners appropriate. The Reedy's may be contacted on 02 6249 1831.
Alexa came into conflict with the newsagent across the orad 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 the community gardens and tennis court, and 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 removed 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 obtain an appropriate reference to his articularity, lucidity at most times and general non-aggressive behaviour.
Since late August 2011, Alex's behaviour 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 behaviour 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 to 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 compliant and 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 of 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 that Alex had transferred his ire to me, blaming me for the breakup 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 other persons, including his neighbours. he has intelligently skirted the law by using different blog sites making methods of proof diffucult for police. His current blogs were:
http://www.blogger.com/profile/02517666178708014975
(includes a list of some of Alex's blogs)
http://mrhealesvilleinmssomeoneiusedtoknow.blogspot.com/
http://mssomeoneiusedtoknow.blogspot.com/
http://mrhealesvillemarriesmsmagnocavallo.blogspot.com/
http://mrhealesvilleinmsmagnocavallo.blogspot.com/
http://collaerymountsmagnocavallosisters.blogspot.com/
http://blackett-homes.blogspot.com/
These blogs were removed but Alex remains free to restore them via another account.
Jolan Yik-Paal is a legal practioner. She is currently on maternity leave. She may resume work oi 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 there is an unexecuted PTO.
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 his dis-inhibition 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 back to Cambridge, he informed me tha he would show 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 clearly that he was unfit to plead. When I returned from Washington, it became quite apparent to me that he had contrived by virtue of his 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 mind 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 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 that 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 fro the welfare of Jolan Yik-Paal, my former neighbours and Angela Magnocavallo and her sister Gianna. I am concerned for the welfare of Alex as well. You have the clinical speciality, and I expect to hear soon that some action has been taken. If action is not taken, I am 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 unfortunaet 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 behavioural challenges. For example, he killed 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 jealous response to his infant brother, Jena-Paul, resulted in his mother having to remain alert.
Accordingly, I do not accept that his behaviour is solely due to organic brain injury. He has 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 damage payout but fails to deal with the pre-existing condition and the affect this may have had on future economic loss.
Jolan Yik says she is too scared le leave her baby alone for a moment. The Magnocavallo sisters live in fear and the rest of the neighbourhood suffer 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 Gerald Franks of the Canberra Mens Centre, Richard Baumgart Director of Housing (ACT), and Alex's solicitor Michael Kukelies-Smith. I want to make something very clear. If 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
Dr Peggy Brown
Director-General
ACT Government Health Directorate
12 Moore Street
GPO Box 825
Canberra ACT 2601
Dear Dr Brown,
Re: Alexander Marcel Andre Sebastian Barker Bailiff
I write to you as an affected with respect to the above named.
As with many lawyers and court staff in the ACT, I came across this man during his habit of attending the Court precincts. Later I came to know of his circumstances and by some coincidence he was allocated through the ACT Housing Trust and his support person Mr Gerald Franks a 3 bedroom property at 1 Anembo Street Narrabundah. At that thime, I resided at 35 Anembo Street which has the adjoining back fence.
Alex's behaviour has been mkoderated by well disposed person 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. Alexa usually attends dinner one night a week, currently Tuesday nights at the Reedy's. I have attended such a dining night. Alex is well behaved, and his dress and table manners appropriate. The Reedy's may be contacted on 02 6249 1831.
Alexa came into conflict with the newsagent across the orad 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 the community gardens and tennis court, and 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 removed 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 obtain an appropriate reference to his articularity, lucidity at most times and general non-aggressive behaviour.
Since late August 2011, Alex's behaviour 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 behaviour 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 to 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 compliant and 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 of 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 that Alex had transferred his ire to me, blaming me for the breakup 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 other persons, including his neighbours. he has intelligently skirted the law by using different blog sites making methods of proof diffucult for police. His current blogs were:
http://www.blogger.com/profile/02517666178708014975
(includes a list of some of Alex's blogs)
http://mrhealesvilleinmssomeoneiusedtoknow.blogspot.com/
http://mssomeoneiusedtoknow.blogspot.com/
http://mrhealesvillemarriesmsmagnocavallo.blogspot.com/
http://mrhealesvilleinmsmagnocavallo.blogspot.com/
http://collaerymountsmagnocavallosisters.blogspot.com/
http://blackett-homes.blogspot.com/
These blogs were removed but Alex remains free to restore them via another account.
Jolan Yik-Paal is a legal practioner. She is currently on maternity leave. She may resume work oi 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 there is an unexecuted PTO.
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 his dis-inhibition 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 back to Cambridge, he informed me tha he would show 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 clearly that he was unfit to plead. When I returned from Washington, it became quite apparent to me that he had contrived by virtue of his 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 mind 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 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 that 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 fro the welfare of Jolan Yik-Paal, my former neighbours and Angela Magnocavallo and her sister Gianna. I am concerned for the welfare of Alex as well. You have the clinical speciality, and I expect to hear soon that some action has been taken. If action is not taken, I am 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 unfortunaet 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 behavioural challenges. For example, he killed 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 jealous response to his infant brother, Jena-Paul, resulted in his mother having to remain alert.
Accordingly, I do not accept that his behaviour is solely due to organic brain injury. He has 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 damage payout but fails to deal with the pre-existing condition and the affect this may have had on future economic loss.
Jolan Yik says she is too scared le leave her baby alone for a moment. The Magnocavallo sisters live in fear and the rest of the neighbourhood suffer 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 Gerald Franks of the Canberra Mens Centre, Richard Baumgart Director of Housing (ACT), and Alex's solicitor Michael Kukelies-Smith. I want to make something very clear. If 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
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