Ref: A00-300995 Case No. 871626 Macpherson II
Volume IX, Pages 61-72, Monday 26th June, 1989
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(In the presence of the jury) ALFRED WILLIAM BEARD: Recalled Re-examined by Mr. Beckman Q. Doctor, let me take the letter first: do you recall the nature of the questions you were asked on the first of those documents? A. About hypomania essentially, yes, I do remember. MR. BECKMAN: The way Mr. Temple put it was are we dealing with someone suffering from hypomania; someone who might be in a drug induced state? Is the person there showing knowledge of what they are doing? Are they clearly responsible and
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sensible, appreciating what they are doing? That is the line Mr. Temple took, using the documents, using your expertise, and you gave certain answers in answer to that. I then asked you to look at the rest of the document. Can you help us on the same lines? I am obviously fishing. We had better know what your conclusions are. MR. JUSTICE MACPHERSON: Doctor, before you answer, you do not have to tell us anything about it if you think it is impossible for you to do so without having seen him or heard his evidence about it, but if you can help the jury, of course you can answer the question. A. Yes, thank you. Well, there is the first letter, as it were, from pages 5 to - there is the first letter from pages 5 to 18 and there is a second copy of the letter from pages 24 to 36. Now on the subject of hypomania, I don't feel that - I think that a patient with hypomania is ordinarily too (inaudible) to compose a document of this nature or of the second letter. I think it really demands too much consistent thought for a patient suffering from hypomania. In the same way I don't think a patient who is confused could put together a document which is apparently sensible. Q. Confused by what? A. Confused by - I thought the suggestion was made that he had been confused by the drugs that he was taking. Q. I simply wanted to confirm that you mean confused by drugs? A. Yes. The feeling that I got about both of these letters is the feeling - it really reinforced the feeling that I got that these are the letters of a patient suffering from paranoia if one has to put a psychiatric diagnosis on them.
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Q. That might not be very good news for the patient, might it? Is that a mental illness? A. Yes. Q. He has been seen recently, or in 1987, and nobody said he was paranoid. A. It is an extremely difficult condition to diagnose. Q. Well, there it is. A. It really differs from hypomania in the sense if he had been suffering from hypomania he would have recovered: if he was suffering from paranoia he would not have recovered. It is an irreversible and untreatable condition. MR. BECKMAN: So is there anything else that you gather from that letter before I ask you specific questions? A. When I said it is not hypomania for various reasons, it is not confusion for various reasons, but paranoia. Q. When you say "not hypomania", that is a positive conclusion and confusion, I suppose that would depend on the particular state of a particular mind at the time, in relation to what drugs he had, what state of withdrawal he was in and so on and so forth? A. It would but surely to my mind a document of this nature would take some time to compile. Q. Can you help me as to this: do you come across - you as a psychiatrist, I take it you also come across psycho- pharmacology, the effect of drugs upon the mind? A. Yes. Q. In the same way that you referred Mr. Koupparis to Dr. Ashworth, I take it that a case where there could be a problem of assessment in relation to a drug confused state, that you could well refer a person to a psychopharmacologist?
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A. If I were concerned about a patient then I would refer to someone who knew more about psychopharmacology than I do myself. Q. Of course at the moment, as it has been rightly pointed out more than once, you have not seen this man at the time, you are dealing with a case as it were in theory, having just been given the documents now. A. I am doing it purely on the basis of the letters. Q. A psychopharmacologist, I take it, would be someone who should have more expertise on the effect of the inter- relationship of drugs or withdrawal of drugs on the brain. A. More than an idea certainly. Q. Who are the leading psychopharmacologists in the country? A. There are various professors of psychopharmacology. (Inaudible) professor at the Maudsley Hospital, for example. I think most teaching hospitals obviously have a professor of pharmacology, some of whom know more about psychopharmacology than others. Q. I think Dr. Ashton has written several books, has she not? A. I have heard the name. Q. Is Dr. Ashton a fairly authoritative person in the field of psychopharmacology? A. To the best of my knowledge. Q. As paranoia has been raised I deal with it. As to the question of possible paranoia, of course the best persons to diagnose such a state would be those persons who saw him at the time? A. Yes, it should be easier for them. Q. So far as paranoia is concerned, is that consistent or inconsistent with the proposition put forward as to knowledge
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of what you are doing and responsibility for your actions? A. I think a patient suffering from pure paranoia is not responsible for his actions. Q. Can you help me as to this: so far as Mr. Koupparis is concerned, at the time you saw him there were no signs of paranoia? A. Certainly not. Q. We know something from Dr. Ashworth so can we just deal with this: assuming your particular expertise would be in relation to hypomania and paranoia more than a drug induced aspect --- A. That would be correct. MR. BECKMAN: --- let us ask you questions about your personal expertise. MR. JUSTICE MACPHERSON: Remembering of course, Mr. Beckman, this is re-examination. It really is important, is it not, because if we investigate paranoia for much longer there will be risks from your client's point of view? MR. BECKMAN: I would have thought not at this stage in the case. MR. JUSTICE MACPHERSON: I leave it to you, but I do think that since you said at the beginning of your questions you would be fishing, do you not have all you can from this witness? MR. BECKMAN: The fishing is over; I am now dealing with specific questions I have worked out carefully. Fishing was only in the first few questions as to what he found in the documents. MR. JUSTICE MACPHERSON: Very well, I see. MR. BECKMAN: This is a theory based on a document reading; this doctor is dealing with pure theory. (To the witness): Just deal with this: so far as either hypomania or paranoia is concerned, contra-indications would be if previous problems
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manifested themselves? A. It would not necessarily be. It is a condition that can develop; it could have developed after I saw him. Q. Is that the same with hypomania? A. No, completely different. Q. Let us deal with hypomania. As far as hypomania is concerned, it is right to say it is inconsistent - that the lack of previous symptoms is inconsistent with hypomania? A. No, lack of previous symptoms is - he may or may not have had hypomania before, but a person can get the first attack of hypomania at any age. Q. Is that the same with paranoia? A. Paranoia usually develops in early middle life and it develops insidiously. Q. Generally speaking, as far as hypomania is concerned, lack of previous problems of hypomania, endogenous hypomania, is a contra-indication; is that right or not? A. Lack of previous attacks of hypomania is not a contra-indication to a diagnosis of hypomania. Q. Perhaps the word "contra-indication" is wrong. Does it help you if there is a person - if you are trying to decide whether a person has hypomania or not, and what happened may be for another reason, is the fact there had been no previous incidents of anything like hypomania of help to you in giving a diagnosis? A. In general terms with hypomania a patient has the first attack in the late teens or early twenties, but a patient could have the first attack at any stage. So if one is presented with a patient of 50 who is having a disease which seems to be hypomania, the fact that he has not had
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attacks of hypomania in the past would not mean that that attack at the age of 50 was not hypomania. I think that one would look into it more carefully, to exclude physical causes for example, at the age of 50 than at the age of 20. Q. Physical cases can be something that affects the chemical infrastructure of the brain? A. Physical disease of the brain or drugs, or anything. Q. So in other words, it would make you look very carefully as to the possibility that the diagnosis of hypomania was wrong? A. It would. Q. Can we move to the other side as it were. If a person who is allegedly suffering from hypomania but there is a doubt about it, if that person, after events where they think it might be hypomania, is no longer hypomanic, what would that indicate to you? A. Well, it would probably - it wouldn't indicate - let me answer the question in a different way. Patients suffering from hypomania, they almost invariably recover completely after a period of weeks or months, but the prognosis for hypomania is very good, or the prognosis for the present attack is very good; indeed 99 per cent recovery with or without treatment. Q. If they thought hypomania - I will come to that separately. With hypomania - can you make this clear - to what extent is a person responsible for their actions? A. It is a question of degree. A mild hypomanic will have complete insight. I think that he would be completely responsible for his actions. At the other extreme you get a patient admitted to hospital in hypomania and they are devoid of insight and
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they are completely not responsible for their actions, and you get everything in between. MR. JUSTICE MACPHERSON: Devoid of something? A. They would be completely devoid of responsibility for their actions. Q. That may be a question for the jury. You used another expression, "devoid of insight"? A. If they were devoid of insight. MR. BECKMAN: One of the things my learned friend promised to deal with - I do not criticise, he obviously forgot - was to introduce this element, and that was the element assuming the person concerned purports to be or he is different characters at different times, what is that consistent with of the matters we have discussed? MR. JUSTICE MACPHERSON: How does that arise out of cross- examination? MR. BECKMAN: Your Lordship may recall my learned friend put the proposition to the witness excluding split personality. I asked him to say it was (inaudible). My learned friend said what he would do was deal with it specifically later. He forgot obviously; I am going to deal with it. (Pause) My learned friend chose properly not to take that matter further. My Lord, he raised it. MR. JUSTICE MACPHERSON: If, Mr. Beckman - I do not believe it does but if in your client's interests you want to ask him, ask him. I do not believe it arises out of cross-examination at all. MR. BECKMAN: Doctor, I want to introduce that element. You recall we had that little element before that a man assumes to be several different characters. A. Assumes to be?
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Q. Believes to be or purports to be different characters at the same time, different individuals with different identities. Does that help you in any way? A. If a person believes himself to be different characters, I don't think that helps in any way in any diagnosis. Q. How does that affect if - assuming if he genuinely believes himself to be three different characters and then acts the part of the different characters, how does it affect any of the matters you have been discussing? (Pause) A. Very difficult in the sense that it is - it isn't a symptom that one - it isn't a symptom that one encounters in hypomania. It is a symptom that sometimes one encounters in symptoms of schizophrenia or hysteria, but not hypomania. Q. Or in drug induced psychosis? A. Possibly in drug induced psychosis I think. Q. When you say this letter has a paranoid quality and you are not - just to deal with what my Lord said, we are not dealing with an assessment of the man because you never saw him, we are talking about the letter - can you give us some example - the best example - of where you say the letter exhibits a paranoid quality? A. Forgive me, but it is the letter as a whole rather than a particular sentence. If I may clear up what I meant by paranoia perhaps? Q. Please do. A. There are different conditions that one encounters of paranoid illness. There is paranoid schizophrenia where the patient has hallucinations and they have delusions that MI5 are after them, etcetera, which is easy to diagnose and common. You then get a condition
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called paraphrenia where patients have delusions but the delusions are they are unworthy. They get hallucinations but the hallucinations are depressive hallucinations; that they can smell rotting pools and the like. Paranoia is the most difficult because they don't have these things. They don't have hallucinations. The delusions are generally grandiose. They are difficult to diagnose because if you have a patient who has specialised in some particular field - he may be an economist and think he has got some scheme for putting the economy right and he may write tracts and books. He will write to the Prime Minister; he will write to the Chancellor of the Exchequer but otherwise lead a normal life, but it is pedantic detail of what is to an expert nonsense to a non-expert may appear to be sensible. Q. And to the person writing it at the time real? A. To him it is real, yes. Q. You said these letters seem logical but I do not think you finished that? A. The letters? Q. The letter seemed logical but I do not think you finished with it. A. It is internally logical but I would think - I mean, I don't know, I would think the whole thing is nonsense. There is a sort of pseudo quality about the letter ref CN/FM and PS/CY. Well, it is written - assuming letters of this nature need a complicated reference. Everything about it is pedantic and it is really down to the last detail of how, for example, these moneys shall be paid. Q. You then said something about it looks like someone has been watching James Bond. Can you take that a little further?
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A. Well, I thought as far as I could gather, the scheme is something like a sort of Spectre scheme villain rather than James Bond. In other words, fantastical. MR. BECKMAN: There are two other matters I want to ask you; one refers to delusional state followed by a degree of logic, something of that sort. Can you tell us what you mean by there being a delusional state followed by logic? MR. JUSTICE MACPHERSON: To what is this relevant? MR. BECKMAN: It is cross-examination. MR. JUSTICE MACPHERSON: I have lost a lot of this case. I am not sure you are on the letter or him. (To the witness): Are you still dealing with the letter? A. Purely with the letter. MR. BECKMAN: I am only asking about the letter. MR. JUSTICE MACPHERSON: I thought you finished with the letter; you had some carefully worded questions on other matters. MR. BECKMAN: No, my Lord, the only matters he was asked about in cross-examination were the letter and I would not be allowed to ask about --- MR. JUSTICE MACPHERSON: What did you mean by "delusional state"? A. Delusional state is a false belief. MR. BECKMAN: Followed by logic. You got this out of the letter. A. Well it has internal logic in the sense if one assumes that Di-Tox B7 does everything it is supposed to do, then a lot of the letter follows logically from that. Q. In other words, you have a delusion in the first place, then logic, then you go back to another delusion? A. I mean, I assume that Di-Tox B7 doesn't do everything it is alleged to do in the letter, but I may be wrong.
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Q. I want to ask you one last question. He may know what he is doing - referring to the theoretical writer of the letter, he may know what he is doing but not appreciate the results to him. That is the question the learned judge put to you; do you recall? A. I think that he realised that what he was - that the writing of this letter - and it is very difficult for me to say from the letter itself, but I would think he would know at the time that it might bring him to his present position. Q. In other words, he would appreciate the result, that it may bring him to his present position from the mere writing of the letter, whether or not he intended to make a demand? A. I think he would realise it, yes. (The witness withdrew)

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