The role of Australia’s mass media regulations in the death of Jacintha Saldanha. Part 3L: Professional Negligence: the foreseeable risks?

Did professional negligence combine with a culture of reckless indifference to cause the tragic death of Jacintha Saldanha?

[ READERS NOTE: I have re-drafted my initial posting of Part 3L in order to focus on some key empirical facts that are easily tested. As for my opinions of these facts? I recommend that you do what the Westminster Coroner is going to have to do, i.e. weight them up carefully and decide for yourself. ]

The text below is the actual letter posted to the inquest.

PROFESSIONAL NEGLIGENCE: THE FORESEEABLE RISKS

“Think before you act” risk assessment: In plain sight on the Internet:

  • 1 South Australian in 5 has a mental health problem. (Is the national figure similar?)

http://www.sahealth.sa.gov.au/wps/wcm/connect/public+content/sa+health+internet/healthy+living/healthy+mind/rethink+mental+illness

  • 1 in 4 British Citizens will experience a mental health problem.

http://www.bbc.co.uk/health/emotional_health/mental_health/

One of many crucial reasons why Jacintha Saldanha is dead may well be because too many professional people acted unprofessionally by making value judgements instead of conducting professional risk assessment appraisals using readily available empirical data. As the examples from official reports listed below clearly indicate, there is no shortage of data highlighting the fact that there literally millions of vulnerable ‘at-risk’ people in Australian society, many of whom are in multiple risk categories that involve illiteracy, poverty and mental health problems. I strongly recommend that in the interests of the British public, resources such as the examples below be evaluated by appropriately qualified experts so that the inquest can impartially assess the degree to which the potentially harmful consequences of 2Day FM’s illegal “prank” were “reasonably foreseeable”:

·         Inquiry into mental health and workforce participation.  (Released June 28, 2012.)

http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_representatives_Committees?url=ee/mentalhealth/report.htm

(1)        National Health Priority Areas Report – Mental Health: A report focussing on Depression (1998)            http://www.health.gov.au/internet/main/publishing.nsf/content/8E0E3BC67E3962AFCA25712B0080235F/$File/nhpaall.pdf

(2)        4102.0 – Australian Social Trends, 2008 Adult Literacy

http://www.abs.gov.au/AUSSTATS/abs@.nsf/Lookup/4102.0Chapter6102008

(3)        4102.0 – Australian Social Trends, March 2011 http://www.abs.gov.au/AUSSTATS/abs@.nsf/Lookup/4102.0Main+Features40Mar+2011

(4)        4250.0.55.001 – Perspectives on Education and Training: Social Inclusion, 2011               http://www.abs.gov.au/ausstats/abs@.nsf/Lookup/4250.0.55.001Main+Features52009

(5)        4102.0 – Australian Social Trends, March Quarter 2012 – Disability and Work 1993 – 2009

http://www.abs.gov.au/AUSSTATS/abs@.nsf/Lookup/4102.0Main+Features40March+Quarter+2012

It is my viewpoint that such reports were never considered simply because the interacting social inclusion risk factors caused by unemployment, illiteracy, depression, and other serious social inclusion problems were  completely “below the radar” for both ACMA officials and 2Day FM management personnel.

A qualified mental  expert needs to review ACMA Reports 2729 and 2780  in the context of published Australian mental health reports in order to determine the extent to which these reports contributed to an insensitive culture of reckless indifference that may have given the “green light” to Australian broadcasters to engage in highly inappropriate conduct that could foreseeably place the lives of emotionally vulnerable people at risk, i.e. to what degree were vulnerable people placed at risk simply because ACMA officials failed to factor these risks into their decision making processes.

Ignorance of this information is not a valid excuse for what happened to Jacintha Saldanha because the legal reality is that neither a lack of intent nor a lack of awareness of the criminally negligent risk to which she was exposed is a valid defence for the commission of a crime; especially a crime with fatal consequences. Just as “Ignorance of the Law” is no excuse for breaking the law, ignorance of the risks to vulnerable people is no excuse when deliberately breaking the law and “pushing” someone into committing suicide. If 2Day FM was criminally negligent in causing the death of Jacintha Saldanha, then it is manifestly obvious that the ACMA (and the Australian Parliament) actively contributed to that negligence by recklessly, sometimes callously, ignoring the decades long reporting of the many inter-acting factors that underpin Australia’s high suicide rate.

The “G” word: GENOCIDE – United Nations General Assembly Resolution Number 260

The Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the United Nations on 9 December 1948 as General Assembly Resolution 260. The Convention entered into force on 12 January 1951. As mentioned on page 3, Article 1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) prohibits governments from deliberately depriving people of their means of sustenance. In Australia, that means not depriving welfare recipients of their constitutional right to a welfare benefit and yet, as been previously pointed out in my submissions to the inquest, Breaching legislation was, “The targeted, and therefore deliberate, removal of the only means of financial support from emotionally vulnerable, fragile, financially impoverished people who had no other means of financial support, so that for a period of 3 months, they were unable to meet the basic costs of living.” In plain English, the purpose of this legislation was to deliberately deprive people in a targeted minority social group of their only means of sustenance, i.e. the legislation was genocidal in intent and purpose!

Australia’s mass media has actively supported this genocidal legislation for decades with the ABA, now the ACMA, blithely ignoring complaints from the victims of this genocidal activity because they did not believe that “an ordinary reasonable person” would not consider it to be “Extreme.”

With that sort of mindset and logic, it is perhaps completely understandable that 2Day FM was under no significant compliance pressure to consider the implications of its actions upon any of the 1 in 4 British citizens who may have had, or still have, a mental health problem.  For commercial gain, by “trumping the regulators”, 2Day FM personnel set out to deliberately humiliate an unknown person without any apparent consideration for the 1 in 4 possibility that their victim had a mental health problem. In effect, 2Day FM was ‘shooting blind’ and simply hoping that no-one would get hurt!  The problem is Jacintha Saldanha was fatally hurt by that criminally reckless attempt to “trump the regulators.” Unless this ‘cowboy country –anything goes’ attitude is reined in by Rule of Law, it is inevitable that, like Princess Diana in Paris and Penny Easton in Perth (Australia), the media will go on thoughtlessly killing people.

Appended with this letter are 4 other letters and a micro-SD Card that I request be taken into consideration when examining the circumstances that lead to the death of Jacintha Saldanha.

  1. A statutory declaration. (A different format style but exactly the same text as the previous statutory declaration dated 23 January 2013 that was received by the inquest in February 2013.)
  2. A certified copy of a letter from the office of the Australian Governor-General, Quentin Bryce.
  3. My response to the above letter.
  4. A copy of letter to the former Prime Minister of Australia, Kevin Rudd.

Although these documents are submitted for consideration by the Westminster coroner investigating the circumstances that resulted in the death of Jacintha Saldanha, they should not be considered to be “Legal and Confidential”. Like pollen being whipped around by a category 5 hurricane blasting through a New Orleans florist festival, these documents are being spread far and wide, e.g. the Malaysian Government.

Quentin Bryce – Putting the “covert” into “a covert holocaust”.

Quentin Bryce used to be a champion of social justice. However, in her curr3ent role as the Governor-General of Australian she has signed into law unconstitutional laws that recklessly endangered the lives of extremely vulnerable people.  I cannot emphasize too strongly the simple fact that any empirical analysis of decades of Australian mental health reports and parallel Breaching statistics will confirm the appalling reality of that statement. While Governor-General, Quentin Bryce may not wish to be involved or associated in any way with the fatalities caused by what is essentially genocidal legislation, the simple empirical reality is that, as the titular Head of State, she ignored the genocidal implications of her actions and her “cannot be involved” attitude is evidence of a desire to sweep the breaching toll under the carpet, i.e. keep the “covert” in “covert holocaust.”

As the Head of State, instead of passively ignoring the blatant vilification of vulnerable welfare recipients by the Australian mass media, she should have spoken out this reprehensible activity for, as highlighted previously, there is no shortage of empirical evidence that this sort of behaviour by the mass media could only serve to callously undermine the self-worth of a large number of potentially suicidal people. Instead of acting to protect and vulnerable people, her attitudes and actions have only served to help to drive up the death toll amongst the ranks of Australia’s vulnerable, impoverished citizens.

Nick Xenophon: Is Australia’s ‘terrorist’ senator is a member of a terrorist organization, i.e. the Federal Parliament?

Senator Xenophon under guard before being classified as a terrorist and being  deported by Malaysia.

Senator Xenophon under guard before being classified as a terrorist and being deported by Malaysia.

They told me I am being deported under Section 81 of the Immigration Act, which says I pose a threat to the security of the country.” (Senator Xenophon.)

Jacintha Saldanha’s death is an international incident that until recently only directly involved Great Britain and Australia. However, just two weeks after the letter from the Office of the Governor-General was written, an Australian senator, Nick Xenophon, was detained by Malaysian authorities and after being held for 16 hours was deported because the Malaysian Government believed that he was a a threat to the security of the country.”

As I am sure that you will appreciate, that sort of diplomatic action is extremely unusual!

  1. National governments do not routinely accuse democratically elected members of other national governments of being terrorists unless there is absolutely overwhelming evidence to support such a serious claim.
  2. Even more remarkable, the Australian Government did not officially protest the claims of the Malaysian Government! The strongest (unofficial) protest came from Kevin Rudd who pointed out that it was not an appropriate thing to do to an elected member of the Australian Parliament.

A lawyer turned politician, between 1st July 2008 and 30th June 2011, Senator Xenophon was one of two senators who held the balance of power in the Australian Senate. By voting against any legislation, his vote would effective block any legislation before the Senate. In the worst case scenario, doing so could bring down the government and force a federal election.

Senator Xenophon had been made aware of the lethal consequences of breaching legislation even before he took up his seat in the Senate. Because he held the balance of power, he could have forced the government to rescind breaching legislation. Instead, he effectively used his power to help the Gillard Government “fine tune” its genocidal legislation, i.e. he supported an act of genocide that specifically targeted a vulnerable social minority group. If that is not being a terrorist, then what is it?

It is highly possible that the Malaysian Government was signalling to the Australian Government that its treatment of Australian welfare recipients, like the unsuccessful attempts to eradicate Australia’s indigenous population, was a crime against humanity and therefore Australian politicians who attempted to criticize the Malaysian Government would be “named and shamed” before the entire world. It may also have been an indirect but blunt message to Tony Abbott, the man most likely to Australia’s next prime minister that the Malaysian Government is fully aware of the so-far unreported deaths caused by his illegal enforcement of breaching “Performance Indicator Targets.”

“…let market forces trump the regulators.”

The statement by News Ltd CEO, Kym Williams, that the Australian mass media should “let market forces trump the regulators” may well have been a catalyst in triggering Ms Saldanha’s death. With that statement, Mr Williams made perfectly clear to Australia’s mass media his belief that the right to engage in free market competition for advertising dollars, i.e. commercial profit, was far more important than obeying the law This attitude is totally consistent with articles published in News Ltd newspapers in which the Gillard Government was strongly criticized for daring to hold a public inquiry into Australia’s mass media.

Investors did not spend millions of dollars to establish and operate 2Day FM as a free source of public entertainment. 2Day FM is a commercial entity that exists for the primary purpose, if not the sole purpose, of generating a substantial profit for its owners. The decisions to ignore Australian laws that prohibit the secret recording of telephone conversations for financial gain, and to impersonate the Queen in order to obtain confidential medical information about the Duchess of Cambridge were first and foremost, rational commercial decisions that involved letting “market forces trump the regulators”

In deciding to break the law for financial gain, 2Day FM still had both a professional responsibility and a common law duty of care to ensure that their unlawful actions did not harm anyone who was unwittingly drawn into their duplicitous scheme. Thanks to television advertising campaigns, it is common knowledge that 1 in 5 Australians have a mental health problem, it was reasonably foreseeable that people in Britain may have similar levels of mental health problems and 2day FM should therefore have carefully evaluated this risk factor before engaging in their unlawful activity.

Close scrutiny of the professional risk analysis process by 2Day FM, if any, needs to be undertaken to ascertain why 2day FM failed to perceive the easily foreseen, potentially lethal consequences. The extent to which both Kym Williams statement and the ACMA’s criminally negligence attitude towards people with serious mental health problems needs to impartially and expertly evaluated to determine what role they may have played in enticing 2Day FM to engage in an unlawful and recklessly dangerous misadventure.

Nemo iudex in causa sua   (Don’t sit in judgement on your own case.)

The reality of Jacintha Saldanha’s death is far too many extremely powerful legal entities have a vested interest in burying the truth about the circumstances that lead to her death. I believe that it would be an Ultra Vires act if the Westminster’s Court Coroner chose to ignore the statutory declaration(s) and the other information provided simply because it displeases powerful vested interest parties.

It also appears to be a text book case of nemo iudex in causa sua for the Queen’s coroner at the Westminster Coroner’s Court is conducting the investigation into a death cause by a person who impersonated the Queen!

  1. The Queen’s vice-regal representative in Australia does not want her actions scrutinized;
  2. The Queen’s Federal Parliament in Australia does not want its insensitive actions scrutinized;
  3. The Queen’s British Parliament made an Ultra Vires decision in the News of the World findings that may have had a seemingly insignificant but crucial role in Ms Saldanha’s death.
  4. A member of the Queen’s family was the target of 2Day FM’s illegal  phone scam;

Test everything and only keep what is good.”

More than 2,000 years ago St Paul advised Christians that they should, “Test everything and only keep what is good.” That principle most definitely applies to every document and every comment that I have submitted to the inquest.

However, once the irrelevant dross is sorted out and discarded, I do not expect the Westminster’ Coroners Court to do what the Australian Parliament has done and “keep what is good” an official secret. As you should by now be well aware, I firmly believe that the Wall of Silence that surrounds the genocidal death toll caused by breaching legislation was a contributory factor in Jacintha Saldanha’s death and therefore any attempt to sweep any of these politically embarrassing truths under the carpet is totally unacceptable.

That is why I again request the contact details of the lawyer(s) representing Ms Saldanha. In doing so I would point out that it more than 2 months I made this request and the non-response if of grave concern.

On the Micro-SD Card: (Included in the letter to the Coroner.)

A random assortment of files that highlight the Culture of Reckless Indifference that exists in Australia.

In Nazi Germany, Adolph Hitler regarded Jews, Gypsies and people with mental health problems as being ‘Life unworthy of life.’ Both breaching legislation, which regards unemployed people as being worthless,  and the failure to protect people with mental problems from vilification by the mass media, are prime examples of just how deeply this ‘Life unworthy of life’ attitude is ingrained into Australian culture.

  1. Far too many people just don’t care about those who are less fortunate than themselves.
  2. In Australian slang, “No-one gives a stuff” about what happens to dole bludgers and drongos’ with serious mental health problems. “It’s their own fault” seems to be the prevailing indifferent logic.
  3. Check every file on the micro-SD card and then look at how the problems of suicide amongst the unemployed, e.g. post-breaching fatalities and Centrelink’s 6 Week Rule fraud triggered fatalities, have been addressed by politicians, public servants, police, the mass media, and even church going Christians.
  4. A video file on the card contains extracts from a social justice sermon that I gave at Playford Baptist Church on 3rd February 2013.  Some of the welfare recipients who had experience of what I spoke about supported my views. Conversely, I was “in ya face” angrily criticized for having dared to raise social justice issues in a church service.

The simple reality is that these files, like the Governor-General’s response, only serve to underscore the point that after more than a decade of confronting politicians, public servants, police officers, and the news media with the lethal consequences of breaching legislation, the inevitable result is responses that deliberately ignore this problem.  Politicians respond with junk mail, i.e. Spam or electorate ‘newsletters’, and the police and other agencies with investigative powers all find excuses not to act.

In the final analysis, the people who appear to most care about this heartless lack of compassion, as evidenced by thousands of on-line postings, are the traumatized ‘survivors’ of this holocaust.

Australia’s 6 states and 2 territories use centralized coroners officers, e.g. the Coroner for the State of South Australia is Mark Johns.  Now that have I finalized my submissions to the Westminster Coroner’s Court, I can review these submissions and refine them for submissions to the 8 Australian coroners whose computers contain the precise details of every one of the post breaching suicides that the DSS and Centrelink failed to report. From here on, identifying the victims of Australia’s covert holocaust is essentially just “grave digger” work, i.e. digging up the buried truths about yet another humanitarian disaster that was driven by a culture of reckless indifference to the foreseeable consequences of dangerous ideology driven legislation. Beyond that? Probably human rights complain to the United Nations Human Rights Commission alleging that these deaths were the consequences of genocide

Ronald Medlicott – A Christian advocate for welfare justice.

The short link for this URL is: http://wp.me/p1n8TZ-cl

7-3-13 letter 2 coroner cropped

Are the content of the letters that I am sending to the inquest into Jacintha Saldanha’s death actually being received? The international express envelopes are designed to be opened and inspected by customs and security services so removing or altering the contents is a ‘no-brain er.’
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