A second restaurant manager, Karl Field, survived another similar robbery-shooting carried out in September 2021. During his recovery in hospital, Field described his assailant to the police
Trail information
A second restaurant manager, Karl Field, survived another similar robbery-shooting carried out in September 2021. During his recovery in hospital, Field described his assailant to the police and when the police showed him a photographic array, he chose Hinton’s picture. As a result of being shot, Field has developed severe PTSD. By the time of Hinton’s trial for the murder of Sandra David he suffers high level emotional stress and episodic disassociation.
Hinton has been committed for trial and will plead not guilty. At trial, the prosecution’s strategy will be to link Hinton to the 2ndrobbery through Field’s eye-witness account and the forensic evidence about the bullets that were fired at him and then to attempt to persuade the jury that in light of the similarity between the 2 robberies and the forensic analysis of the bullets, that Hinton must have murdered Sandra David. Hinton’s Defence team will maintain that Hinton is innocent of both crimes. The team plans to call Hinton’s girlfriend, Lola Wright to support an alibi that Hinton spent all night with her on the night Field was shot. The GPS data from Hinton’s phone is consistent with this alibi. On the other hand, the DPP has a witness who will testify that she saw a man she has subsequently identified through social media as Hinton walking in a block away from the Peking Duck just prior to the robbery.
Extracts from a statement taken from Karl Field, November 30, 2022 at 14 Smith Street, Glenunga. Statement administered by Detective Senior Sergeant Mary Connor.
I no longer wish to participate in a physical line up to identify the man who shot me on September 8, 2022.
I just don’t feel confident that I will be able to identify him, and I can no longer remember any of the details about the shooting.
I have been diagnosed with PTSD by my psychiatrist.
I have recurrent nightmares about the shooting and experience intermittent feelings of high-level distress.
I often find myself sitting on the couch with large gaps of time that I can’t account for and feel detached from my family and friends.
I haven’t been able to work full time since the shooting. The most I can manage is about 2 hours per day (on a good day) working remotely from home.
I am too scared to leave home and the thought of going to court terrifies me.
I might be able to provide a further statement by video, but I won’t be able to face cross-examination (in person or remotely).
For the purposes of this course please assume that Karl Field’s mental health is the same as outlined above at the time of Hinton’s trial for the murder of Sandra David.
Extracts from a report prepared by Dr Peta Kureshi, Karl Field’s treating psychiatrist, February 1, 2023Qualifications
I am Dr Peta Kureshi. My specialist field is the diagnosis and treatment of mental illness. I qualified as a doctor at the University of Adelaide in 2006, became a member of the Royal College of Psychiatrists in 2010 and obtained a Masters’ Degree in Psychological Medicine in 2010. I have been a Consultant Psychiatrist since 2013.
Background
Karl Field has been my patient since October 2021. He was referred to me by his general practitioner, Dr Phillip King who advised that Field had been suffering symptoms of post-traumatic stress disorder (PTSD) following a shooting.
PTSD is a severe stress reaction that can develop in people following traumatic events, such as major accidents, disaster, or physical violence. It is associated with cognitive and functional impairment and often leads to high rates of comorbidity, chronic disability, and long-term health care needs.
Instructions
This report has been prepared on request from the Director of Public Prosecutions (DPP) in a letter dated December 15, 2022. I have been asked to prepare a detailed diagnostic report concerning Karl Field’s PTSD and his related capacity to testify at the trial of Anthony Hinton. I have been asked to specifically comment upon:
The impact of Field’s PTSD upon his capacity to give an accurate and coherent account of the shooting and identify his assailant
The possibility that testifying in court may exacerbate Field’s PTSD or otherwise negatively affect his mental health
Field’s vulnerability to the pressures of cross-examination
Documents provided by the DPP
An overview of events prepared by the DPP
A transcript of a video statement from Karl Field taken on September 9, 2021, at the Royal Adelaide Hospital
Extracts from a statement taken from Karl Field, November 30, 2021 at 14 Smith Street, Glenunga
History
………………………………………….
Diagnosis
Karl Field meets the criteria for PTSD and major depression as set out in the Diagnostic and Statistical Manual of Mental Disorders – Trauma and Stressor Disorders, 5th edition, as assessed with the Structured Clinical Interview for DSM-V (SCID-V). Due to this condition, Field is subject to persistent and involuntary re-experience of his shooting by way of nightmares, flashbacks, and emotional distress. These involuntary re-experiences of his shooting have also resulted in Field exhibiting physical sensations of panic attacks, such as heart palpitations, shortness of breath, and hot flashes. Field also experiences episodic disassociation comprised of depersonalisation and derealisation. These latter symptoms involve feelings of detachment from the self and surroundings and make it difficult for the sufferer to function at home or at work.
Insofar as Field is concerned it is particularly important for him to avoid people or situations that remind him of the shooting.
………………………………………..
My opinion in relation to the questions posed by the DPP is as follows:
The impact of Field’s PTSD upon his capacity to give an accurate and coherent account of the shooting and identify his assailant
PTSD can lead to distorted memories and amnesia, meaning a witness like Field may not be able to provide a coherent narrative of his shooting. Rather as part of his defensive avoidance, Field’s testimony is likely to be fragmented and disorganised. Consequently, it will be important to ensure protective measures are in place to support Field’s testimony. These may include limiting testimony to key topics.
The possibility that testifying in court may exacerbate Field’s PTSD or otherwise negatively affect his mental health
For some victims suffering from PTSD engagement with the courts may exacerbate or prolong the trauma they have experienced as a result of the violence done to them. In Field’s case testifying may trigger a traumatic flashback, causing him to become distressed……
Field’s vulnerability to the pressures of cross-examination
Being cross-examined in an adversarial environment where the defendant has legal rights of confrontation is fundamentally at cross-purposes with protecting Field’s psychological health. Consequently, to prevent psychological harm it will be very important to a sufferer of PTSD like Field, that they perceive the court prioritises their safety. This may necessitate providing testimony by pre-recorded video only ie without cross-examination.
Prognosis
Complete recovery is possible with medication and intensive psychotherapy. However, PTSD has been known to remain unresolved in patients for years. Approximately 30% of patients will recover, and another 40% will improve with treatment over time, although they may still experience less intense symptoms. It is too soon to determine whether Field will fully recover. His symptoms are persisting strongly and the prospect of having to testify against his accused assailant is inhibiting recovery………………………………………
Assuming leave is granted to undertake the cross-examination proposed above, the prosecution applies for an order under s 13A (2) (b) Evidence Act 1929 (SA) that the cross-examination be undertaken outside of the court room and that an audio-visual record is made of the cross-examination and replayed to the Court. Alternatively, if cross-examination does take place in the courtroom, the prosecution seeks an order under s 13A (2) (d) that the defendant be excluded from the court room to prevent triggering a PTSD episode. The Defendant is opposed to both applications arguing that if ordered they will deprive him of a fair trial.
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