Case Explained: Nelson court case ends with compulsory treatment for woman who kept dead partner’s body at home – Legal Perspective

Yesterday, she walked by herself into the dock in the Nelson District Court for her case to be signed off, when earlier she was assisted by police and court security guards.

Last month, she was found not guilty by reason of insanity.

Judge Jo Rielly said that while the acts were committed, the evidence showed the woman had not done anything nasty, degrading or inappropriate to the body.

However, the woman’s actions, and inactions in not seeking help or assistance in regard to the man’s remains, and some of the things she did do, amounted to a level of misconduct.

‘Body-like shape’ under a cover

The woman, who has permanent name suppression, had been living with the man at his Nelson home, and was there when police arrived on the evening of January 10 this year on an unrelated matter.

As police talked with her, she told them her partner had died and was upstairs, out on the deck.

When the police went to inspect, they saw a “body-like shape” under a cover on an open deck at the front of the suburban Nelson property.

The state of his body led them to believe he had been partially exposed to the mid-summer elements for many days before he had been covered with what they said appeared to be a pile of curtains.

It also appeared that a “shrine” made of personal items had been created around the man, whose cause of death was yet to be determined by a coroner.

Police said there was a “very strong smell of decomposition”.

The man was later identified from one remaining fingerprint, because of the advanced state of decomposition.

‘Relieved’ legal matters now over

Forensic psychiatrist Erik Monasterio, who provided one of two expert reports, recommended treatment under a compulsory order, which the woman’s lawyer, Mark Dollimore, said in court yesterday that she had willingly and voluntarily taken part in.

He said she was aware that medication had achieved results.

Judge Garry Barkle said in making a final resolution on the case that the woman had spent three months in custody this year, and was relieved matters were now completed.

He said the woman had undertaken to comply with the recommended compulsory treatment order and the associated medication regime.

She had also been receiving help voluntarily from mental health services in the community.

Judge Barkle said Monasterio’s report referred to the woman’s history of “severe, adverse trauma in childhood”, and, despite her evident ongoing suffering linked to a recognised post-traumatic stress disorder, the woman had shown resilience and an ability to lead a pro-social life.

Judge Barkle concluded she now had insight into her condition and understood the importance of following through with treatment through medication.

‘Saddest case’

Dollimore told NZME outside court it was one of the more successful outcomes he had seen, because of the way the judicial system had handled it with caution and care, and the intervention by mental health experts.

Dollimore, who has expertise in defending clients with mental health challenges who commit criminal acts, also said it was among the saddest cases he had dealt with.

“She is such a strong person. She has a good, mature attitude to her mental health and has thrived since undertaking treatment voluntarily,” he said.

Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.