ESSAY #2 LEGAL PROCESS ABUSE EXHAUSTED PESTICIDE POISONING VICTIM FURTHER ABUSED BY THE LEGAL PROCESS by Murray Thompson (BAppSci Environmental Health with Distinction 1998, Hons I Social Ecology 1999, Sociology PhD Student: University of Western Sydney October 2010 When is justice delayed, and delayed, and delayed… JUSTICE DENIED! And, if the system of law that you serve makes demands of you that causes more injury, how is that system less abusive and less culpable than the poisoners who first disregarded your health state and abused you with fascism and CHEMICAL TRESPASS?
Page 1 of 5 ESSAY #2 EXHAUSTED PESTICIDE POISONING VICTIM FURTHER ABUSED BY THE LEGAL PROCESS This document is: http://poisoningandlegalaction.com.au/essays/essay2‐legal‐process‐abuse.pdf by Murray Thompson (BAppSci Environmental Health with Distinction 1998, Hons I Social Ecology 1999, Sociology PhD Postgraduate student: University of Western Sydney) PO Box 5761 South Windsor NSW 2756 Australia 14 October, 2010 Email: firstname.lastname@example.org Web sites: http://poisonedpeople.com http://poisoningandlegalaction.com.au The legal system can be viewed as a negligent regime when it fails to recognize and accom‐ modate injury victims. Further, when that system adds extra layers of abuse and magnifies the injuries already suffered by the victim, the system can be viewed as somewhat fascist by default. This Essay examines my loss of innocence within the adversarial justice system. My name is Murray Thompson. I am a 55‐year old professional artist and Sociology PhD student at the University of Western Sydney in Australia. My Degree is in Applied Science, Environmental Health. Un‐fortunately, I am also a 12‐year (state of New South Wales) Department of Housing (DOH) public housing tenant. I would like to bring to your attention an extensive public health, ethics, human rights and envi‐ronmental issue regarding pesticide toxicity. I wish to specifically address the issue of the severe pesti‐cide poisoning of myself and my then 8 year‐old son in 2000/2001 in my current Bligh Park DOH unit, and my utter exhaustion via the further insult of 7 years (and still going) of litigation against a recalcitrant DOH. When I moved into my DOH ground floor unit in 1998 I noticed that the wooden fences throughout this block of 16 DOH units were infested with termites. A number of tenants (including myself) brought this to the DOHs attention. However: 1. Despite having advised the DOH in writing for at least 3 years prior to accepting this unit that I suf‐fered from chemical‐sensitive asthma; 2. Despite having written to the DOH declaring that I did not want my DOH property treated with ortho‐dox chemical treatments for termites (and that safer, alternative treatments were available); 3. Despite having phoned the DOH declaring the same as the above (which details were recorded inside the DOH); 4. And despite having informed the very first pest technician contractor (who only inspected and re‐ported on my DOH property) that I did not want a chemicalized treatment of my unit… despite all the above, on Dec. 7th 2000, just one year into my now almost destroyed PhD studies, an external chemical barrier pyrethroid pesticide treatment was forced on me by a second pest contractor, at the behest of the DOH. My profound decline into never‐ending health problems started just 10 minutes after the pes‐ticide was applied via pump into drill holes in concrete, and via above‐ground spraying of the infested fence line. With the impact of the pesticides strong odour forcing its way indoors, I became very ill with headache, incoordination (dizziness/stumbling) and massive fatigue. Within around 2 weeks after this acute epi‐sode I began an intimate relationship with a developing kaleidoscope of symptoms: body‐wide joint pains
Page 2 of 5 (polyarthralgia); muscle spasms/pain; markedly diminished eyesight; hearing loss; immune dysfunction; lung congestion; heat sensitivity; EMF sensitivity (Electromagnetic Frequency radiation from TVs, mobile phones, machinery); SPERM (motility & morphology) IMPACTS; chronic: headaches, tinnitus, fatigue, kidney stones, gastric reflux, nosebleed, skin irritation, bone density loss, eye discharge; and actual brain damage and memory dysfunction that destroyed my PhD thesis progress, and which has made me largely incompetent, work‐wise. Then, a second pesticide treatment! The effect of these exposures on my emotions (especially fear) has been catastrophic. Finally, I am left with a permanent condition called Multiple Chemical Sensitivity (MCS), a profound sensitivity and negative reaction to chemical odours. And yet, I look normal. But, normal and pesticide‐poisoned can produce children with birth‐defects and lymphoma (Montague, 20011), so where does that leave my potential future offspring? I have medical reports substantiating my most prominent symptoms: x‐rays showing joint impacts and kidney stones; blood tests: pesticide impact on my liver; ultrasound: echogenic liver; sperm test (Sydney Andrology): unusual sperm problems (Perry, et. al., 2006:1142; Bian, et. al., 2004:9993); psychiatric re‐ports: depression/suicidal ideation (Parron, et. al., 1995:544); MRI and RPAH SPECT/Ceretec scans: physi‐cal brain impact (Heuser, G. et. al., 20035); neuropsych tests: cognitive abnormalities (memory, adaptive ability & info processing speed) leading to the abandonment of my studies; and an industrial hygienist report: MCS. Literature links psychiatric/memory/intellectual/suicidal problems to pesticides and their solvents (Müller‐Mohnssen, 1999:1616; Wood & Liossi, 2005:6637; Parron, et. al., 1995:60‐62). This is a PUBLIC HEALTH issue. It took a great deal of time and expense to professionally validate both poisoning events (the poor can’t afford to prove their injuries). While I slowly gathered this information, my then 8 year‐old son became wracked with abdominal pains every morning after sleep. This was confirmed by a pharmacologist as a classic symptom of pesticide poisoning in children (Dr. B. Grabau, 2005, pers. comm.). The kerosene‐like odour of the pesticide was inside my unit 24/7 for nearly 15 months after the units slab was saturated by the chemical barrier application, just long enough for the DOH to finally answer 20 months of health alerts and complaints with an absolute refusal of culpability. The odour was now gone, but the damage was done. My son then later became extremely withdrawn and aggressive after a further exposure to herbicide from a neighbouring golf club. About 3 years after the pest treatments (after I gave up on study because my brain didn’t work properly anymore), I began work on a poisoning web site and started legal action. And despite knowing from my medical reports that: 1. Pesticide exposure "is a significant causative and contributing factor to Mr. Thompson’s current condi‐tion" (Dr. B. Grabau 2005, Medical Report); 2. Stress amplifies all symptoms, which then generate depression (Dr. M. Donohoe 2004, Medical Re‐port)… I was informed that the DOHs legal team was told to promote the length of my legal case… until the economy improves. Why must an injury victim suffer 10 years of illness and misery (7 years inside legal action) to still not see a legal matter definitively resolved? Why would the DOH’s legal team serve an abusive and irrelevant subpoena, one described by a legal expert as “stupid”? Why would the DOH leave an argument with their former insurer (in terms of who covers a compensation payout) to the sixth year of legal action? This has added many more months and a separate court hearing to my issue, further delaying an out‐come! If repeated actions amplify injury to a person, does that create an ETHICS and a VICTIMS OF CRIME issue? Do I have a basic human right to not be treated this way? Do any of us? This now be‐
Page 3 of 5 comes an extended HUMAN RIGHTS issue because my GP has also just confirmed the possibility that I have had a stroke of sorts (a “Transient Ischaemic Attack”)! How much time and ‘health’ and life must people be forced to surrender to an unending and abusive legal process in love with itself? Is litigation used as a weapon of psychological assault to generate a desired failure of the legal process through the exhausted capitulation of the injury victim and complainant? If so, what if the injured com‐plainants reaction manifests as a stroke, or heart attack, or suicide? If bullying in schools is an issue, then why not this ‘legal’ cause and effect? These dynamics embody vast ethical deficiencies within the legal system. It is imperative that an entirely independent body monitor the course of legal action in the context of the kind of injury suffered by a plaintiff. This form of management or oversight is also needed to see if the extraction of extra legal fees is being indulged via excessive paper shuffling. The le‐gal system obviously enjoys far too much freedom. How did the legal profession and process become so abusive, unethical, perverse and sacrosanct? What is untouchable and unaccountable (and that which disregards the critical context of people’s lives and health status) automatically becomes fascist. I have never been offered within the legal system ongoing support from an independent legal advocate or an independent medical professional informing the legal process with the power to force accommodation or changes. What an innovative concept! And yet, various trauma victims in other circumstances will get needed support. I have never been specifically instructed in how to mentally address the dog‐eat‐dog nature of the legal process. My injuries have severely affected my personality and emotions, leaving me with a stress load I cannot sustain. All this from two pesticide treatments I specifically didnt ask for! And, I get regular emails from DOH tenants who complain of similar problems and abuse. The pesticide poisoning issue is so universal that I originally sent out a 12‐page letter to 250 recipients worldwide. And the vast potential for poisoning symptoms to be misdiagnosed as having other causes (Reeves, et. al., 1999:17‐188, citing Solomon & Mott, 1998 and Zweinerd & Ginsburg, 1988; Reeves, et. al., 2002:149, citing Goldman, 1998) means this is a GLOBAL ENVIRONMENTAL ISSUE. Below are details of professional responses to that letter. 1. Professor Wai‐on Phoon, A.M., M.B., B.S., F.R.C.P.,(London, Edin. & Glasgow), F.F.P.H., F.R.A.C.P., F.F.O.M., Hon.F.A.C.O.M., Hon.F.A.F.O.M., D.I.H., D.C.H., D.I.H.S.A., F.R.F.P.S., F.A.F.R.M., F.A.M.S., Occupational & Reha‐bilitation Consultant, Emeritus Professor of Occupational Health, described my letter as "well‐researched and in‐teresting", and the problem addressed by my letter as one of "an appalling nonchalance about the possible ill effects on human health from toxic exposures in the general and work environments" (Prof. Wai‐on Phoon, Letter, 12 De‐cember 2008). 2. Dr. Chris M. Reading, B.Sc., Dip.Agr.Sc., M.B., B.S., F.R.A.N.Z.C.P., F.A.C.N.E.M., Environmental & Orthomolecu‐lar Psychiatrist, described my letter as an "excellent article" (Dr. Chris Reading, Letter, 31 December 2008). 3. The SOMA Health Association of Australia Newsletter stated in response to my letter: "We have received a most impressive set of papers describing the predicament a family find themselves in as a result of environmental con‐tamination… As Murray Thompsons research wisely points out – chemical contamination targets the brain… If the brain is not centred or balanced correctly, then behaviour is out of kilter" (SOMA Newsletter: Nutritional & Environ‐mental Medicine, SOMA Health Association of Australia, Vol. 30, Number 3, April 2009). Feel free to write or email me should you wish to follow up on this issue.
Page 4 of 5 Murray Thompson, BAppSc Environmental Health with Distinction 1998 (Australian Institute of Environ-mental Health [NSW] Division Award for Best Overall Graduating Student), Hons I Social Ecology 1999,Awarded a PhD Scholarship, UWS HawkesburyNEW SOUTH WALES CO-COORDINATOR, MCS-GLOBAL WEBSITE: www.mcs-global.orgPostal Address: PO Box 5761, South Windsor LPO, NSW 2756 Australia; Email: email@example.com; Websites: http://poisonedpeople.com & http://poisoningandlegalaction.com.auThis letter has been sent to: David Bradbury M.P., Federal Member for Lindsay, PO Box 712 Penrith, NSW 2751 The Hon Nicola Roxon MP ‐ Federal Minister for Health and Ageing, GPO Box 9848, Canberra ACT, 2601 NSW Department of Health, LOCKED BAG 961, North Sydney NSW 2059 Ian Cohen MLC (NSW Legislative Council), Parliament House Macquarie St. Sydney, NSW 2000 Ms. Sylvia Hale (Greens MP), NSW Parliament, Macquarie St. Sydney, 2000 Ms. Lee Rhiannon MLC, (NSW Legislative Council) Parliament House Macquarie St. Sydney, NSW 2000 Senator Bob Brown, GPO Box 404, Hobart, TASMANIA 7001 AHEC ‐ Australian Health Ethics Committee, NHMRC, GPO Box 1421 Canberra ACT 2601 NSW Department of Health ‐ Justice Health, PO Box 150, Matraville NSW 2036 Environmental Defenders Office New South Wales (Ltd), Level 1, 89 York Street, Sydney NSW 2000 The Executive Director, Australian Law Reform Commission, GPO Box 3708, Sydney NSW 2001 New South Wales Bar Association, Selborne Chambers, 174 Phillip Street, Sydney NSW 2000 The Law Society of New South Wales, 170 Phillip Street, Sydney NSW 2000 Human Rights & Equal Opportunity Commission, 133 Castlereagh St., Sydney NSW 2000 ME/Chronic Fatigue Syndrome Society of NSW Inc., Suite 204, 10 Help Street Chatswood NSW 2067 The Australian Chemical Trauma Alliance Inc., 309 East Bonville Road, Bonville NSW 2441 Legal Aid NSW (Civil & Family), 91 Philip St., Parramatta NSW 2150 NSW Ombudsman, Level 24, 580 George St., Sydney NSW 2000 Rural Press Limited, Bells Line of Road, Nth. Richmond NSW 2754 60 Minutes, PO Box 27, Willoughby NSW 2068 Hawkesbury Gazette, 291 Windsor Street, Richmond, NSW 2753 Penrith Press, 407 High Street Penrith NSW 2750 The Sydney Morning Herald, GPO Box 506 SYDNEY NSW 2001 The Daily Telegraph, 2 Holt Street Surry Hills, NSW, 2010 702 ABC RADIO NATIONAL SYDNEY, GPO Box 9994, Sydney NSW 2001 2UE 954 NEWSTALK, PO Box 954, St. Leonards NSW 1590 Mr. Ray Hadley, The Ray Hadley Morning Show, 2GB, GPO Box 4290, Sydney NSW 2001 Mr. Alan Jones, The Alan Jones Breakfast Show, 2GB, GPO Box 4290, Sydney NSW 2001 Hawkesbury Radio, 11 Fitzgerald Street, Windsor, NSW, 2756 Attorney Generals Department of NSW, Victims Services NSW, Victims of Crime Bureau, LOCKED BAG 5118, Parramatta NSW 2124 Attorney Generals Department of NSW, Office of the Legal Services Commissioner, GPO Box 4460, Sydney NSW 2001 The Hon. John Della Bosca, BA MLC, Minister for Health, Level 30 Governor Macquarie Tower, 1 Farrer Place, Sydney NSW 2000 Civil Liberties Australia, PO Box 7438 Fisher ACT 2611 Prof. Wai‐on Phoon, Pymble Medical Consultants P/L, PO Box 818, Pymble NSW 2073 Dr Chris Reading, PO Box 587, Dee Why NSW 2099 Dr. Brendan J. Grabau, Centre Manager and Course Leader for Biotechnology and Animal Sciences, Box Hill Institute of Technical and Further Education, Private Bag 2014, Box Hill VIC 3128 Dr. Mark Donohoe, PO Box 328, Mosman NSW 2088 The Human Rights Council of Australia, PO Box 1071 North Sydney NSW 2059 SOMA Health Association of Australia, PO 915, Leichhardt NSW 2040 Diana Buckland, Founder & Global Coordinator, Global Campaign for Recognition of Multiple Chemical Sensitivity, 4 Mia St. Kallangur QLD 4503 Mr Sam Albassit, Psychologist, Yagoona Medical Centre, 552 Hume Hwy, YagoonaNSW 2199 Dr. Nagwa Morris, South Windsor Medical Practice, 508a George St, South Windsor NSW 2756 1 Montague, P. (National Writers Union) 2001, #726 ‐ Science, Precaution and Pesticides, 06‐Jun‐2001, in http://www.rachel.org/en/node/5340; accessed: 16 July 2008. Reference  cited: Susan Osburn, RESEARCH REPORT: DO PESTICIDES CAUSE LYMPHOMA? Available by U.S. mail from Lymphoma Foundation of America, P.O. Box 15335, Chevy Chase, MD 20825. Tel. (202) 223‐6181. ISBN 0‐9705127‐0‐8. Available at: http://www.lymphomahelp.org/docs/research/researchreport/rr_2000.pdf. Refer‐ence  cited: The Universal Declaration of Human Rights, signed by the U.S. in 1948, says (Article 3), "Everyone has the right to life, liberty, and security of person." Article 4, Section 4 of the U.S. Constitution obligates the federal government to protect the citizenry against "domestic violence" which arguably includes modern forms of domestic violence such as toxic assault. See http://caselaw.lp.findlaw.com/data/Constitution/article04/, or http://www.usconstitution.net/const.html#A4Sec4. 2 Perry, M.J., Venners, S.A., Barr, D.B., Xu, X., 2006, ‘Environmental pyrethroid and organophosphorus insecticide exposures and sperm concentration’, Reproductive Toxicology 23 (2007) 113–118, Elsevier Ltd.
Page 5 of 5 3 Bian, Q., Xu, L.C., Wang, S.L., Xia, Y.K., Tan, L.F., Chen, J.F., Song, L., Chang, H.C., Wang, .XR., 2004, ‘Study on the relation between occupational fenvalerate exposure and spermatozoa DNA damage of pesticide factory workers’, Occup Environ Med 2004;61:999–1005, Elsevier Ltd. 4 Parron, T., Hernandez, A.F. & Villanueva, E., 1995, Increased risk of suicide with exposure to pesticides in an intensive agricultural area. A 12‐ year retrospective study, Forensic Science International 79 (1996) 53‐63, Elsevier Ltd. 5 Heuser, G., Axelrod, P. & Heuser, S., 2003, Defining Chemical Injury: A Diagnostic Protocol and Profile of Chemically Injured Civilians, Industrial Workers and Gulf War (IPPH, Volume 13, Fall 2000; Pages 1‐16 [ISSN # 8755‐5328]), International Institute of Concern for Public Health, http://iicph.org/ipph_Defining_Chemical_Injury; accessed: 16th Feb. 2010. 6 Müller‐Mohnssen, H., 1999, ‘Chronic sequelae and irreversible injuries following acute pyrethroid intoxication’, Toxicology Letters 107 (1999) 161–175, Elsevier Ltd. 7 Wood, R. & Liossi, C., 2005, Long‐term neuropsychological impact of brief occupational exposure to organic solvents, Archives of Clinical Neuropsychology 20 (2005) 655–665, Elsevier Ltd. 8 Reeves, M., Schafer, K., Hallward, K. & Katten, A., 1999, Fields of Poison: California Farmworkers and Pesticides, Pesticide Action Net‐work North America (PANNA) Regional Center, California Rural Legal Assistance Foundation, United Farm Workers of America and Californians for Pesticide Reform (Publishers), http://www.panna.org/files/fields.pdf; accessed: 15th Feb. 2010; citing Solomon, G.M. & Mott, L.M. 1998, Trouble On The Farm: Growing Up With Pesticides In Agricultural Communities, Natural Resources Defense Council, New York, NY, USA; also citing Zweiner, R. & Ginsburg, C. 1988, Organophosphate and carbamate poisoning in infants and children, Pediatrics 81:121‐126. 9 Reeves, M., Katten, A. & Guzmán, M., 2002 [update of 1999 original version], Fields of Poison 2002 California Farmworkers and Pesti‐cides, Californians for Pesticide Reform, http://www.ufw.org/white_papers/report.pdf; accessed: 15th Feb. 2010; citing Goldman, L. 1998. ‘Health care workers need training to recognize pesticide illness’. Pesticide and Toxic Chemical News 4.