Mental bed wait locks up D’Zilva

By Kath Gannaway
CONVICTED fugitive James D’Zilva has been returned to prison, because of the lack of a mental health bed.
The Supreme Court last week heard D’Zilva would have had to wait in the emergency bay of the Outer Eastern Mental Health Service until a place became available.
Justice Coghlan, in a pre-sentence hearing last Wednesday, had earlier told D’Zilva, who has schizophrenia, that he was releasing him into the care of doctors.
“I am mostly going to do that because prison is not a place where you should be,” he said.
“Prisons should not be used for storage for people suffering from mental illness,” he said.
A week earlier, D’Zilva had been convicted of intentionally causing injury to Healesville police officer Senior Constable Chris Bullen.
Sen Const Bullen underwent surgery for stab wounds inflicted by D’Zilva as the officer attempted to arrest him at the Shell Service Station in Healesville on 7 December 2010.
Justice Coghlan’s initial plan was to release D’Zilva on bail until 4 July, providing he was immediately transferred to the OEMHS at Box Hill.
With no bed guaranteed at Box Hill, and details of a community treatment order unable to be finalised, Mr D’Zilva’s barrister Stuart Bayles told Justice Coghlan they were no longer calling for immediate release.
The hearing highlighted a number of inadequacies in both the prison and wider mental health system. Psychiatrist Dr Daniel Sullivan from the Victorian Institute of Forensic Mental Health stated that due to pressures on the mental health system, most people were discharged from care before they were fully recovered.
In relation to Thomas Embling Hospital, which provides mental health beds for the prison system, he said there was an ever decreasing number of acute beds for prisoners with mental illness.
He added that if Mr D’Zilva were to be made a priority for Thomas Embling, another prisoner would lose their place.
The court also heard of the effect of Mr D’Zilva’s actions on 7 December on Sen Const Bullen and a witness.
Sen Const Bullen’s victim impact statement was submitted unread but Crown prosecutor Peter Rose SC read the statement on behalf of the console operator on the night, who said she had gone from a fully functioning adult to receiving trauma counselling. She said she had been unable to return to work at Healesville and was unable to work at night.
Mr D’Zilva was remanded in custody to a date to be fixed.