Patient disagreed with doctor’s order

Court
Court
  • Saw distressing occurrences while serving with the Polish special forces
  • Wished he could turn back the clock
  • Became aggressive with police

Even though a doctor told him he was fit to be discharged from hospital a 33-year-old man disagreed with him and refused to leave, Craigavon Magistrates Court heard last Friday.

Police had to be called and Slawomir Marcim Pazera, Bluestone Hall, Craigavon, became aggressive with them.

It resulted in him facing charges of disorderly behaviour in the grounds of Craigavon Area Hospital outside the Bluestone Unit, two assaults on the same police officer and resisting another officer. While the facts of what happened were not disputed the charges were contested on the submission that Pazera did not have the capacity to understand what was happening.

The court heard that on January 17 last year police were asked to attend at the Silverwood Ward of the Bluestone Unit where a man was refusing to leave the premises.

The defendant had been deemed medically fit to be discharged but he disagreed and refused to leave the premises. Police approached him and told Pazera he could attend accident and emergency if he felt unwell.

The defendant became aggressive and swung his head backwards, striking a police officer. He was taken to the ground and placed in limb restraints but struck the officer on the leg while continuing to be verbally abusive.

Pazera was warned about his behaviour and when he calmed down said he wanted to attend at accident and emergency. He again used foul language towards the police in front of members of the public.

A barrister for the defendant said he would attempt to show that his client did not have the capacity to commit the offence. He handed in two medical notes to indicate the defendant’s state of mind at this particular time.

A prosecutor said just before the incident Pazera had been certified medically fit to be discharged and no immediate physical risk to himself or members of the public.

District Judge, Mr Mervyn Bates, said the greatest difficulty the defendant faced was the fact that it was quite clear from the prosecution case that he was examined on that day and discharged by the doctor but he reacted to that with disorderly behaviour and violence.

The judge convicted Pazera of all the offences but added that the circumstances would be taken into account.

The defendant’s barrister said he was an intelligent and articulate individual who had witnessed extremely distressing occurrences while serving in Iraq with the Polish special forces.

Judge Bates said Pazera had waived his right to a pre-sentence report and he felt the matter should be dealt with by way of suspended sentences.

For each of the assaults on police he was given four month terms with concurrent three month terms for disorderly behaviour and resisting police suspended for three years.