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Clarkson J

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New Zealand Family Court Judge Clarkson PPPR Hearing June-July 2006

Judge Clarkson failed to ensure that Betty was present in Court before allowing the hearing on her competence to commence on 13 June 2006 and thus breached Betty’s fundamental rights. A person has a right to be present at any hearing about their competency. There was no request that Betty be excused; she was fully capable of appearing in court as she went by bus each day to day care.

Betty had severe dementia. She scored less than 3/10 on MMSE tests where anything less than 7/10 was INcompetent. Betty was severely dysphasic and could not communicate. She was also blind, frail and severely dysphasic. Betty’s entire estate had been stolen by an abductor who was not in Betty’s will. In Betty’s absence, Judge Clarkson decided Betty was fine, active at home, fully mentally capable of taking care of herself and her estate and the court thus would not take jurisdiction to protect her and thus would not consider appointing a Manager for her. Betty suffered severe emotional, physical and psychological abuse. She lost her house (where her family and dog had lived with her), her dog, her family and $400,000 of her estate in 6 months. Her family suffered financially and emotionally as well by the loss of their mother, home and inheritance.

Judge Clarkson refused to listen to this primary evidence although it was accepted by the Registrar, accepted by the court and 3 copies were in the court file including one attached to an affidavit from a Registered Psychologist specializing in geriatric capacity urging a re-hearing. Copies were furnished to all parties and lawyers who accepted it as clear evidence Betty was a person to whom protective legislation such as the PPPR Act applies. Darra specifically requested in court that the Judge listen to the evidence and Clarkson refused. Further, Clarkson fined Darra $10,000 for asking for a re-hearing of her application under the PPPR Act for the court to protect her mother.

References- See notes on Transcript of Betty Audio

  1. American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders, 4th Ed-TR. Wash DC, APA 2000.
  2. Dementia: A New Zealand Guide. Chris Perkins, Auckland 2004




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