If Stephen Marshall, the Premier of South Australia, botches the COVID-19 pandemic as badly as the New Soputh Wales Government and the Morrison Government did with the Ruby Princess, then Premier Marshall could face prosecution under South Australia’s CRIMINAL NEGLECT laws.
NOTE: The short link to this posting is: https://wp.me/p1n8TZ-1uW
On the 4th May, there were 242,282 deaths. Earlier today the total has risen to 265,056, an increase of almost 23,000 in just 3 days.
Politicians and ‘experts’ in Australia talk about “The Curve”. Australians need to careful because we may not have yet reached “The Curve” When the COVID-19 lock down is eased back asymptomatic people may infect and possibly kill people who are immunity compromised.
Below is the text of an email that will be sent to Premier Marshall once I finish posting this preview of the email. Note that Premier Marshall will receive a text only version as his firewall may block emails with graphics due top the embedded virus risk.
Mr. Stephen Marshall Premier of South Australia
Dear Mr. Marshall,
Re: possible criminal negligence by you in winding back COVID-19 restrictions due to social and economic pressures on you.
On Tuesday I visited Lee Odenwalder’s electorate office at the Elizabeth Vale shopping centre to express my outrage at the manner in which Nicola Spurrier and yourself had turned the COVID-19 pandemic into a ‘dog & pony show’ for the mass media. Contrary to what you may believe, this pandemic is a matter of life and death for susceptible people around the world; it is not an opportunity to score political points with the electorate but a matter of survival for those of us who are vulnerable to this terrible disease.
When I pointed to the female office assistant in Lee’s office that I was over 70-years-old, had both diabetes and pernicious anaemia, and was recovering from a recent bout of pneumonia, this resulted in Lee popping up like a Jack-in-a-box from a screen behind the reception desk counter. Lee was visibly perturbed, promptly ordering me to leave his office. He apparently was uncomfortable being just 2 metres from a person who was recovering from a serious respiratory illness and was not keen to share the same space.
The gross hypocrisy in this is that Lee appears to have had no such concerns about allowing school students and school staff to be in close proximity to people who may be asymptomatic when it comes to COVID-19. I would draw your attention to the quote from British Medical Journal in Article 6 below:
78% of COVID-19 victims may not show any symptoms at all. However, being infected, close contact with any one of these people could easily kill any person with a compromised immune system.
Since I have a seriously compromised immune system, I am not impressed with either Scott Morrison or yourself placing social or economic issues ahead of your primary responsibility, i.e. the protection of the health and safety of the people of South Australia. I would remind you that in my email of 28th April 2020, I cited numerous statutes that both you and Scott Morrison need to comply with when dealing with the COVID-19 pandemic. Two additional statutes to keep in mind are the CRIMINAL NEGLECT provisions in 13B and 14 of the South Australian Criminal Law Consolidation Act (1935).
(1) In this Division—
(a) an omission; and
(b) a course of conduct;
vulnerable adult means a person aged 16 years or above who is significantly impaired through physical disability, cognitive impairment, illness or infirmity.
(2) Subject to subsection (3), in this Division the following terms and phrases have the same meaning as in Division 7A:
(3) For the purposes of this Division, a reference to harm will be taken to include detriment caused to the physical, mental or emotional wellbeing or development of a child or vulnerable adult (whether temporary or permanent).
(4) For the purposes of this Division, a defendant has a duty of care to a victim if the defendant is a parent or guardian of the victim or has assumed responsibility for the victim’s care.
(1) A person (the defendant) is guilty of the offence of criminal neglect if—
(a) a child or a vulnerable adult (the victim) dies or suffers harm as a result of an act; and
(b) the defendant had, at the time of the act, a duty of care to the victim; and
(c)the defendant was, or ought to have been, aware that there was an appreciable risk that harm would be caused to the victim by the act; and
(d) the defendant failed to take steps that he or she could reasonably be expected to have taken in the circumstances to protect the victim from harm and the defendant’s failure to do so was, in the circumstances, so serious that a criminal penalty is warranted.
(a) where the victim dies—imprisonment for life; or
(b) in any other case—imprisonment for 15 years.
I would draw you attention to the bold text phrases in 14(1)(b), 14(1)(c) and 14(1)(d) which set out your duty of care obligations to every person in South Australia who may be vulnerable to a life-threatening risk if they are exposed to COVID-19, which includes thousands of people with immune compromised health issues, including several members of my immediate family and myself.
In order to leave you in no doubt whatsoever about just how legally compromised you may make yourself under the above provisions, e.g. 14(1)(c) “aware that there was an appreciable risk that harm would be caused to the victim by the act:, I would draw your attention to the following facts and issues concerning the risks posed by any reduction in the tight COVID-19 quarantine restrictions that apply to the people of South Australia.
As of May 7th 2020 at 02:23 GMT, (today) there were 3,822,001 known cases of CPVID-19 with 265,056 deaths. https://www.worldometers.info/coronavirus/coronavirus-death-toll/
The death toll is constantly rising, e.g. up 42 since I checked 20 minutes ago..
Just 106 days ago, on the 22nd January the were 17 deaths. Today there are 265,056 dead, which means that since the 22nd January, 265, 039 have died, which is a massive death toll. Whilst 13 out of 14 people may survive COVID-19, almost 1 in 14 (6.95%) of the known victims of this disease have died. In the context of the information that is currently available within the international scientific and medical communities, current control measures are insufficient to suppress COVID-19. What the scientific evidence and the death toll statistics clearly reveal is that easing up on COVID-19 quarantine measures for social or economic reasons needs to recognized for what it is, i.e. in the absence of either a vaccine or a cure, it is reckless game of Russian roulette in which people who are immune compromised may die.
I do fully appreciate and understand that there is enormous social, commercial and budgetary pressure on politicians to kick start the economy and ease back on the COVID-19 restrictions. However, as was the case with the Ebola Zaire outbreak in South West Africa in December 2013, the COVID-19 ‘curve’ may in fact be a ‘staircase’ of Stop-Start outbreaks that will continue to occur until a vaccine is developed and fully deployed.
If the Morrison Government, or your government, violate either federal or state public health and safety laws and ease up on the COVID-19 restrictions and as a result people die, then “Oops! I made a mistake” will not be a legally valid excuse due to the email that I sent you last week. One prime purpose of this email, which provides further insight into the pitfalls of easing restrictions when there is no vaccine to stop the spread of COVID-19, is to undermine any “Oops! ” excuse that you may try to use if more fatalities occur because COVID-19 restrictions were eased .
CASE STUDY ZERO: OOPS! I MADE A MISTAKE.
Tearful apology over Ruby Princess debacle
Yesterday, (6th May 2020) a senior New South Wales Health Department epidemiologist, Ms. Kelly Anne Ressler, was severally criticized by Commissioner Bret Walker SC for having failed to do her duty.
During questioning the inquiry’s Commissioner, Bret Walker, asked Ms Ressler why he shouldn’t rule there had been a reprehensible shortcoming by NSW Health. In response, she became emotional, saying it was a challenging time for the department.
“All I can say is that I’m very sorry it turned out the way it did. It was not our intention,” she said. “Myself and my colleagues at the public health unit were working very hard on this. We did what we could. And if we could do it again, it would be very different.“
Earlier on Tuesday, the inquiry heard the Ruby Princess was assessed as “low risk” for coronavirus infections based on an outdated log of ill passengers on board. The Carnival vessel became the largest single source of COVID-19 cases in Australia after its 2,700 passengers disembarked at Sydney’s Circular Quay on March 19.
It has so far been linked to more than 660 cases and 21 deaths.
660 infected people and 21 deaths in Australia, plus 2 more in the United States. Sorry does not constitute grounds for exculpation with so many sick and dead.
The 2 deaths in South Australia that are linked to the MV Ruby Princess ‘debacle’ are either Manslaughter under section 31 of the Commonwealth Work Health & Safety Act (2011), which is binding on every person within the jurisdiction of the Commonwealth of Australia, or these deaths, like the 2 bushfire deaths on Kangaroo island, come under the previously mentioned Section 13 and Section 14 provisions in the South Australian Criminal Law Consolidation Act (1935).
In considering the content of this communication, please keep the following two key principles in mind.
PRINCIPLE #1: No-one is above the law. Scott Morrison is one of hundreds of federal politicians, pass and present, who may have to account for the deaths of thousands of welfare recipients, either in the International criminal Court or in Australian courts. In the same manner, if you decide to place the lives of vulnerable South Australians at risk, and by doing so, cause one or more fatalities, then you face the risk of being held accountable for your actions under either Commonwealth or South Australian laws.
PRINCIPLE #2: COVID-19 is an RNA based virus that cannot be negotiated with. it is the micro-biological equivalent of a runaway train without a driver that is headed for the twin peak mountain peaks of Sickness and Death. Although politicians may have the power to ease up restrictions, the counter-balance is that the courts do have the power to punish those politicians who ignore their prime responsibility, i.e. the preservation of life. Get the management of COVID-19 wrong, and if people die, you may wind facing both criminal and civil prosecutions that could kill off your political career.
God willing, there will be no need for a commission of inquiry into your own version of the inquiry into the MV Ruby Princess debacle. With that debacle specifically in mind, the following information is information that, in the event of fatalities, you “ought to have been aware that there was an appreciable risk that harm would be caused” by your actions.
CASE STUDY 1 – ARTICLE 1
Japanese island suffering second wave of coronavirus after lifting lockdown too early. Experts warn the island of Hokkaido shows the perils of lifting a state of emergency too early
[Source]: https://www.telegraph.co.uk/news/2020/04/29/japanese-island-suffering-avoidable-second-wave/ [Julian Ryall Tokyo 29 April 2020]
A northern region of Japan is experiencing a second wave of coronavirus infections – and deaths – that experts say could have been avoided if the state of emergency had not been lifted too early.
The island of Hokkaido had been held up as a model of how to control the spread of the virus, but it has now become a case study for the impact the disease can have if a lockdown is relaxed too soon.
And experts say they hope that other cities and nations that are toying with the idea of lifting restrictions on travel, work and schools can learn from Hokkaido’s experience.
Naomichi Suzuki, the prefectural governor, on February 29 declared a state of emergency in response to a sharp increase in coronavirus cases, all of which could be traced back to the Sapporo Snow Festival at the beginning of the month. The annual event attracted more than 2 million people to the city, with local health authorities treating a Chinese tourist from Wuhan who had contracted the illness before arriving in Hokkaido.
CASE STUDY 1 – ARTICLE 2
Japanese island is hit by a second wave of coronavirus after ending three-week lockdown when cases fell to single digits – as infections soar to 135 in a week
Dr. Kiyoshi Nagase, chairman of the Hokkaido Medical Association, told TIME: ‘Now I regret it, we should not have lifted the first state of emergency. It really may not be until next year that we can safely lift these lockdowns.’
The local government had assessed the impact immigration would have on the spread of coronavirus on the island but had not taken into account domestic migration.
Yoko Tsukamoto, a professor of infection control at the Health Sciences University of Hokkaido said that with hindsight, the lockdown lift was too early. [Bullet-pointing emphasis added]
‘At the time, we didn’t have enough information and we did not have an adequate understanding of this disease.
And, given the information that was available – that new cases were down to one or two a day – it could be argued that the governor made the right decision in lifting the state of emergency.
We know that was the wrong move now, but then it seemed the best thing to do,’ she told The Telegraph.
She said: ‘These lockdowns and states of emergency will have to be lifted eventually, but the lesson is to wait as long as possible, to get accurate data on infection numbers and to be very, very cautious when the rules are relaxed.
‘And the authorities have to be ready to move quickly and put the restrictions back in place at the first sign of another surge.’
Hokkaido reported 38 new cases on Tuesday, bringing its total number of infections to 688, fifth highest in Japan. One person also died from the virus taking the island’s death toll to 27.
The island of 5.3million people had been a case study in virus-management before they lifted the lockdown, but now experts hope to learn lessons from lifting measures too quickly.
The island’s coronavirus cases can be traced back to its Sapporo Snow Festival in February, before the initial lockdown was in place, which attracted two million people. One Chinese tourist was being treated on the island for coronavirus during the festival after contracting it in Wuhan.
118 people were being treated for the virus by March 12, making Hokkaido the worst-hit of all Japan’s 47 prefectures. Japan has 13,576 cases and 376 deaths and is currently maintaining its lockdown until May 6, but Nikkei business daily reported that the government is planning to extend this by another month.
Article 3: WORLD HEALTH ORGANIZATION – Ebola Virus Disease
The 2014–2016 outbreak in West Africa was the largest and most complex Ebola outbreak since the virus was first discovered in 1976. There were more cases and deaths in this outbreak than all others combined. It also spread between countries, starting in Guinea then moving across land borders to Sierra Leone and Liberia.
MY COMMENT: Note that Ebola Zaire “stair-cased” several times between December 2013 and March 2016. In all, 11,310 died. COVID-19 is also showing this ‘stair-case’ pattern and, like Ebola Zaire’ will only be controlled once an effective vaccine is developed and deployed world-wide.
Article 4: – South Oz research: Spray drift Up to 70 kilometres
[MY COMMENT] Boom spray drift and coughing by a COVID-19 person share one very nasty thing in common, i.e. SPRAY DRIFT. Micro-droplets from boom spray units may drift up to 70 kilometres. The problem with the WHO 1-metre recommendation is that is based upon laboratory experiments that are 70-80 years old. Under ideal conditions of temperature and humidity, COVID-19 micro-droplets may drift for kilometres NASTY!
Article 5: Learning from 26,000 cases of COVID-19 in Wuhan.
[MY COMMENT] What affects all should be decided by all. I consider this video to be ESSENTIAL VIEWING for everyone
This highly informative 1-hour video presentation by Professor Xihong Lin (Harvard School of Public Health) leaves viewers in no doubt that until a vaccine is developed, controlling COVID-19 is going to a political and medical myth. The only reality about COVID-19 will be the massive death toll.
Article 6: British Medical Journal
[Bullet-pointing emphasis added]
· 78% of COVID-19 victims may not show any symptoms at all.
· However, being infected, close contact with any one of these people could easily kill any person with a compromised immune system.
[MY COMMENT] Given that so many people in South Australia are either senior citizens or have compromised immune systems, the above statements drive home the point that any reduction in COVID-19 restrictions is nothing more than a political and medical game of Russian roulette with the lives of thousands of at-risk South Australians.
Article 7: Journal of the American Medical Association
An Pan PhD; Li Liu, MD, PhD; Chaolong Wang, PhD; Huan Guo, MD, PhD; Xingjie Hao, PhD; Qi Wang, MD, PhD; Jiao Huang, PhD; Na He, PhD; Hongjie Yu, PhD; Xihong Lin, PhD; Sheng Wei, MD, PhD; Tangchun Wu, MD, PhD
Question Was there an association of public health interventions with improved control of the COVID-19 outbreak in Wuhan, China?
Findings In this cohort study that included 32 583 patients with laboratory-confirmed COVID-19 in Wuhan from December 8, 2019, through March 8, 2020, the institution of interventions including: [Bullet-pointing added]
and universal symptom survey
was temporally associated with reduced effective reproduction number of SARS-CoV-2 (secondary transmission) and the number of confirmed cases per day across age groups, sex, and geographic regions.
Meaning A series of multifaceted public health interventions was temporally associated with improved control of the COVID-19 outbreak in Wuhan and may inform public health policy in other countries and regions.
MY COMMENT: the findings back up the findings presented by Dr. Xihong Lin on 19th March 2020 during a Broad Institute on-line seminar, i.e. multifaceted public health interventions temporally improved control of the COVID-19 outbreak The key phrase to note is “temporally improved control”.
Whatever, Australia’s band of Chief Medical officers, and political leaders may say, home quarantine, social distancing, and other measures, do NOT control COVID-19 to the point of suppression, these measure merely slow the Reproduction Rate (R) down, thus providing the public with the illusion that the government and health authorities have the pandemic under control. That illusion is a killer, and if politicians and health officials do not tell the truth and people die, then there are no shortage of federal and state laws that can be used to enforce accountability for these deaths.
Ronald Medlicott. Semi-retired teacher and volunteer lay-advocate.
Postscript: 4:30 PM CST –
 The text of this email will now be forwarded to Premier Stephen Marshall.
 A few minutes, another COVID-19 case was confirmed in a person who had returned from overseas 6 weeks ago.