Court Victory In Suicide Case

The Age

Saturday March 1, 2008

Peter Gregory, Chief Court Reporter

THE widow of an accountant who took his own life at the couple's Mornington Peninsula home has won a major legal victory against two police officers who earlier failed to take him into custody.

Tania Kirkland-Veenstra brought a claim against the officers, who found her husband depressed and making references about suicide while he was in a car at Sunnyside Beach.

During the conversation on August 22, 1999, Ronald Hendrik Veenstra confirmed he had contemplated doing something "stupid" with the car's exhaust pipe.

Mr Veenstra, 37, had been writing a note, but told the police it was intended for his mother. He said he was going home to discuss matters with his wife.

According to a judgement delivered yesterday in the Court of Appeal, the conversation took place on the day Mr Veenstra was to be charged over alleged fraudulent business transactions.

Mr Veenstra refused the police officers' request to contact a doctor, a crisis assessment team or his family. The officers said he showed no signs of mental illness, and was rational, co-operative and responsible. On the same day, at his home, Mr Veenstra took his own life.

Yesterday's majority decision in the Court of Appeal allows a retrial for Mrs Kirkland-Veenstra of a damages claim made after her husband's death.

County Court judge Tim Wood dismissed the proceeding in 2006, after finding that a duty of care allegedly owed to Mr Veenstra did not exist at law.

But the appeal court found the duty of care existed.

Victoria's Chief Justice Marilyn Warren and Court of Appeal President Chris Maxwell said the case was about health and safety power held by police, not about law enforcement. Justice Alex Chernov disagreed.

Justices Warren and Maxwell said the Mental Health Act allowed police to take into custody a person who appeared to be mentally ill. The power comes into force when the person recently had tried to commit suicide or serious bodily harm, or was likely to do so.

"It is directed at safeguarding mentally ill people against the gravest of risks," Justice Maxwell said. "If the imposition of a duty of care had the effect of making police officers more likely to intervene in circumstances such as the present . . . this could hardly be said to be contrary to the public interest."

Justice Warren said it was exceptional in law to make a person responsible for another's conduct, but the circumstances of the case were exceptional.

Mrs Kirkland-Veenstra's solicitor, Adam Hill, said his client felt the judgement vindicated "her moral and legal struggle".

A spokeswoman for Victoria Police said it would be inappropriate to comment.

For help or information visit beyondblue.org.au, call Suicide Helpline Victoria on 1300 651 251 or Lifeline on 131 114.