A mentally unwell man who was living in a motel has been rendered temporarily homeless. Photo / Stock Image 123rf
A mentally unwell man who was living in a motel has been rendered temporarily homeless. Photo / Stock Image 123rf
A mentally unwell homeless man living in a motel under the direction of a court is back on the streets after temporarily losing his accommodation to visitors attending garden festivals.
The only other option for Tari Phillips, an offender who is subject to a compulsory inpatient treatment order, was to send him to prison.
While police reluctantly supported Phillips being locked up for the interim, defence lawyer Nathan Bourke called it a "profoundly disturbing" proposition.
On Thursday, Phillips' imminent ejection from the Taranaki motel was discussed in New Plymouth District Court.
The hearing began with a frustrated Bourke stating his client's situation was "a bloody shambles".
Phillips, in his early 40s, faces a slew of charges including doing an indecent act, threatening to kill, obtaining by deception and resisting police. He cannot plead to the charges until his mental health has been canvassed.
Bourke said two mental health reports had been ordered and while one was yet to be completed the other contained the wrong information and did not address Phillips' sanity despite it describing him as having an "abnormal state of mind" and continued delusions.
Tari Phillips appeared in New Plymouth District Court on Thursday. Photo / Tara Shaskey
But the more pressing issue was that Phillips would be homeless from Friday until his accommodation becomes available again on November 7.
Bourke said his client was losing his room at the New Plymouth motel to accommodate bookings previously made for people attending garden festivals in Taranaki.
The Taranaki Fringe Garden Festival and the Centuria Garden Festival run from October 28 to November 6 across the region.
Previously, Phillips was remanded to Te Puna Waiora, a mental health facility run by Te Whatu Ora Taranaki, formerly known as Taranaki District Health Board (TDHB).
Today, Bourke asked the court to vary Phillips' bail for the fortnight he would be away from the motel, allowing him to return to the streets.
A condition to report to the police station daily where he could receive his medication could be imposed, he said.
Remanding Phillips into custody would be inappropriate given he hadn't breached his bail, there had been no further offending and his mental health was known to disintegrate in prison, Bourke argued.
Further, the mental health facility considered "he was not of such a risk that they are comfortable for him to be homeless", Bourke submitted, referencing communication from the service.
Police prosecutor Detective Sergeant Dave McKenzie agreed the situation was "appalling", but he opposed releasing Phillips' into the community.
He said it would be "grossly unfair" to the community to "put him out there" with no support.
It was "extremely debatable" whether Phillips would present at the police station and receive his medication when required, McKenzie submitted.
After hearing the submissions, Judge Noel Sainsbury said "somehow" the festivals had taken priority over Phillips' position, and that was not made known when bail was granted.
While the judge said there was no alternative accommodation, he had "considerable reservations" about using prison as "some form of backup social housing".
"I do not see how that could be right in principle. A remand in custody can only be properly imposed in terms of the Bail Act because of the risk factors the Bail Act requires me to consider."
Judge Sainsbury accepted there were risks in allowing Phillips to live rough but ruled it was the "right but undesirable" option.
In granting the bail variation, he imposed a condition that Phillips report to the police station daily and remain there until he has received his medication.
