No justice - rape victim's father

What is not mentioned below is that the victim of the rape was treated exceptionally poorly because the NSW justice system went into overdrive to water down severe sentences handed to a Muslim gang. Being kind to Muslims was the driving priority in the matter -- anything to achieve that

THE father of one of the Sydney women raped seven years ago by Bilal Skaf's gang says rape victims should avoid court, and take matters into their own hands instead. The father, who cannot be named, said criminal justice in the state was so biased against victims of crime that rape victims should have nothing to do with it. "Do not go to court. Sort it out outside of the court, if you get my drift," he said. "Once you get to court, you will not get justice. It is a justice system in name only."

This father's damning assessment was delivered after a man known as MG was acquitted of raping his daughter, who can be identified only as Miss C. While MG was acquitted of raping Miss C, he did not walk free. He is serving two 15-year sentences for his role in other rapes. Skaf and other members of his gang are already serving prison sentences for attacks on Miss C.

Her father's advice to avoid the justice system prompted the NSW Rape Crisis Centre to call for urgent reforms to ensure people are not tempted to take the law into their own hands. "Violence solves nothing," said manager Karen Willis. "I empathise with this man's position. What his daughter has gone through for seven years would be appalling. It shows we still need more changes such as special sexual assault courts to ensure people do not take the law into their own hands."

Miss C's father said his daughter had received "horrific" treatment by the courts and defence lawyers. "They subpoenaed her medical records and even said in court that she had an orgasm during one of the rapes. How in the hell would they know?" he said. "She now rarely goes out. She won't go out in crowds and when she does, she won't go out for very long. "She hates being outside, particularly when she sees Muslims. She is so anti-Islam it is unbelievable, and to be honest, so am I."

The fact that the MG case dragged on for more than five years meant he no longer had any faith in the adversarial system of justice. "The prosecution are hindered in what they can do, whereas the defence can rip these girls apart," he said. "It took seven years and my daughter could not do it any more and she was one of the strongest of the lot."

Miss C abandoned her involvement in the MG case because of delays and the removal of top prosecutor Margaret Cunneen. Her father said it was time to switch to a more inquisitorial system to stop defence lawyers dragging out cases. He also called for a better system of selecting judges. "They say the law is equal. Don't believe it," he said.

During his daughter's ordeal in the court system, he had taken his concerns to the NSW Law Society and both sides of state politics. He said he had been "spoken down to" by the Law Society, ignored by then Attorney-General Bob Debus and told by the state Opposition that real reform would require constitutional change.

He contacted The Australian after the NSW Court of Criminal Appeal wrote to this newspaper last week about the MG case. Miss C's father said he rejected the court's statement that Ms Cunneen's removal had not triggered his daughter's decision to walk away from the case.

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Patients booted out of Melbourne public hospital

SICK elderly patients will be among hundreds ejected from the Royal Melbourne Hospital in a management bid for government-sanctioned performance bonuses. Documents seen by the Herald Sun reveal the hospital is planning to discharge one patient from selected units by 10am each day for the next seven weeks. Up to 490 patients, including those from the acute geriatric medicine unit, will be discharged as the financial year draws to a close. Health Minister Bronwyn Pike says the practice is common in Victoria and overseas.

The documents, which describe patients as "system blockages", also reveal elderly patients are among the 65 per cent made to wait more than eight hours for admission. In an email to senior staff, the director of the hospital's division of medicine, Tony Snell, says the discharge tactic aims to secure bonus funding under a Department of Human Services performance scheme. "The aim is to get a significant amount of the available bonus pool funding," Dr Snell writes. "We seek your support in achieving these improvements in patient care (i.e., less delay in the emergency department), which will also improve our budget situation. "In order to achieve this we are targeting the key performance indicators of length of stay in the emergency department and waiting list reduction."

Ms Pike, who says she has not seen the email, backs the practice. "We want to make sure we don't have people on a bed with a suitcase packed waiting for the hospital to get the paperwork right, or that the patient has their medication with them," she says. "I fully support setting targets for the units, because it's saying to them this is best practice." Asked whether she would encourage other hospitals to set similar standards, Ms Pike says: "I know they already are and I'm very pleased. "Anyone who would suggest this is compromising patient care is insulting the doctors and nurses who work in the system."

A Royal Melbourne spokeswoman yesterday insisted patients would not be sent home before they were ready. "It's really just asking doctors to do their rounds earlier in the morning," she said. The spokeswoman said about a third of the 170 patients presented to the emergency department each day required hospital admission. The email says that in previous years, patients have had to wait 24 hours in the emergency department before admission. It says that 64 per cent of patients are admitted from the emergency department within eight hours. But last month, in the medical division, only 35 per cent were admitted within that time frame. "To improve this we need to increase morning bed capacity and move out patients more quickly from the emergency department," Dr Snell writes. "We are aiming to have at least one patient per unit discharged by 10am." Dr Snell and another staffer would also audit patients who had remained in hospital for longer than a fortnight to see where they could assist in removing blockages in the system.

A second email from a senior staffer orders that patients identified for discharge be moved to the transit lounge and vacant beds be filled immediately. The hospital's division of medicine has 10 units, which include acute geriatrics, haematology and diabetes.

Opposition health spokeswoman Helen Shardey says the Royal Melbourne had suffered a drastic bed shortage. "The funding is not coming in on a sustainable basis, so the hospitals are having to play these games all the time," Ms Shardey says. Latest figures reveal there were 2872 patients on the Royal Melbourne's elective surgery waiting list in December last year, up 100 in six months

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Reduced surgery in another Melbourne public hospital

SICK children and pregnant women will be denied surgery at a major Melbourne hospital next week. Monash Medical Centre has slashed its elective surgery list as the financial year draws to a close. Doctors believe the move is aimed at cutting costs but Monash insists it is part of normal scheduling.

Theatre schedules seen by the Herald Sun reveal a blackout on pediatric, obstetric and vascular surgery for the week beginning May 28. A high-level health care source said patients continued to wait for elective operations at Monash despite beds and doctors being available. "The surgeons are there with nothing to do," the source said. "It happens regularly and usually in the last quarter of the financial year. "It's because they've got their bucket of money for the year and now they're running out and it costs them money to push (patients) through."

Specialists were angered by the blackout. "It was believed to be due to the fact that it was a funding constraint," the source said. "It was implicit and it wasn't well received by the people who were affected."

A spokesman for Southern Health, which manages the Monash Medical Centre, said next week's surgery blackout was necessary due to an anaesthetists' conference. A spokesman for Health Minister Bronwyn Pike said emergency surgery would continue. "It's not related to funding," he said. There were 1767 people waiting for elective surgery at Monash at last count, in December.

The row at Monash came as Ms Pike defended Royal Melbourne Hospital's decision to discharge at least one patient from selected units each day until July. The Herald Sun yesterday revealed the directive, which was contained in an email that also described patients as "system blockages".

One patient who doesn't want an early release is Harry Tsogias, 40, who said yesterday he had been wrongly sent home once before. Rushed to Royal Melbourne's emergency department on April 14, unable to walk and in extreme pain, Mr Tsogias was diagnosed with sciatic pain in his right leg and discharged a few hours later. "I couldn't walk. It was so sore I was in tears," he said. "I was in a lot of pain and I was sent home." On May 10, he returned to the Royal Melbourne and was this time rightly diagnosed with an aggressive infection in his hip -- so advanced he needed surgery. After having parts of his infected hip bone cut out, he now faces the possibility of a hip replacement. "They gave me a very quick examination and sent me home," he said. "This could have been prevented."

Due to go home again this week, Mr Tsogias said he was not ready and accused the hospital of throwing patients on the street to free up needed beds. "I am not going anywhere," he said. "After what happened last time I don't want to go until I am 100 per cent cured."

The Royal Melbourne yesterday denied the Herald Sun access to patients in the transit lounge, where they are forced to wait. "They are kicking people out before they are ready to leave," said Mr Tsogias' sister, Anna Manidis. "Someone is not doing their job properly."

Royal Melbourne's executive director (clinical governance) Christine Kilpatrick said: "No patient is ever discharged prior to them being assessed by the medical staff and (staff) ensuring they are ready and safe." The hospital was under enormous pressure to free up beds, but there was no financial incentive to discharge one patient a day. "We don't have a dollar value on their bed," she said. "It is about making sure patients who are ready to leave prior to 10am have all their needs and services arranged."

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Smoker's court action snuffed out

A CRAIGIEBURN man's $100 million-plus civil action against tobacco giant Philip Morris went up in smoke yesterday when a jury rejected his claim. But smoker David Clemens, 49, said he would appeal the verdict. The County Court jury of six deliberated for almost 3 1/2 hours before rejecting Mr Clemen's claim that he suffered an injury as a result of the negligence of Philip Morris. And Judge Susan Cohen ordered Mr Clemens pay Philip Morris's costs, but stayed payment of them for three months. The costs for Philip Morris's two barristers amount to more than $60,000 for the trial alone. Mr Clemens claimed that early this year costs in the case had amounted to more than $250,000. He represented himself in the nine-day jury trial.

Outside court, Philip Morris counsel Richard Stanley, QC, said the result was an endorsement for juries. "I just think it's a very good result from the jury on the evidence that was led," Mr Stanley said.

Mr Clemens told jurors he began smoking when he was 13 and was diagnosed in 2002 with emphysema, lung disease and bronchitis. He said he had not been able to give up smoking. Mr Clemens claimed to have been seduced by advertising of the image of the Marlboro man and Philip Morris failed in its duty of care to tell him about health risks associated with smoking. He said it was not until late 1987, 15 or 16 years after he took up smoking, that his wife drew his attention to health warnings on cigarette packets. But Philip Morris argued Mr Clemens knew the risk and took it.

The court heard he was an obsessive litigant, having started claims in Federal Magistrates', County, Supreme and High courts, and the Administrative Appeals Tribunal. In a rare move, Mr Clemens, formerly David James Lindsey, was declared a vexatious litigant in 1998 after an application to the Supreme Court by the Attorney-General. In 2005, Mr Clemens made an application to the Supreme Court for leave to sue Philip Morris and it was granted. Philip Morris appealed, arguing Mr Clemens had not paid $96,494 in costs owing to Philip Morris from proceedings in the Federal Court. The appeal was dismissed. Mr Clemens, on workers' compensation payments for an unrelated injury, did not put a figure for damages to the jury but his statement of claim put it at $100.1 million.

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