Lord Dalgety's doctor summoned to explain sick leave [1]
Thursday, February 11, 2010 - 22:45. Updated on Friday, May 9, 2014 - 20:40.
The sincerity of Lord Dalgety's two weeks sick leave from the Royal Commission of Inquiry into the Ashika sinking was questioned on February 10.
Dalgety refrained from continuing his evidence for up to two weeks on the grounds that he suffered from a severe viral infection followed by moderate depression.
His doctor, Dr Lucien Van Neer, a General Practitioner in Tonga, was summoned to give evidence and to produce medical documents.
Lord Dalgety, the Company Secretary for the Shipping Corporation of Polynesia Ltd, the operator of the sunken Princess Ashika, first gave evidence for four days from January 19-21. He was set to return on January 25, but failed to appear because he was sick.
On being questioned by the Counsel-Assisting Manuel Varitimos, Dr Van Neer confirmed that he first saw Dalgety on January 11, 2010 about his gout and again on February 25, when he diagnosed him with a severe viral infection.
He confirmed that on a medical report he advised that Dalgety was being treated and he was to rest and no to take any work. On January 2 the doctor followed up with some blood tests and then in an updated medical report dated January 27, he confirmed to the inquiry that Dalgety's blood test came back normal.
The doctor checked Dalgety who also complained of having a fever but his temperature came back normal, the inquiry learned.
"In terms of a viral infection how long would you consider the average time to recover?" Varitimos said.
The doctor said probably a maximum of two weeks if it was a severe viral infection.
"In terms of the viral infection that Lord Dalgety had, it does not necessarily mean that he can't work for that period of two weeks?" said Varitimos.
"No, I disagree with that . . . when I saw the patient he was lying in bed and feeling unwell," said the doctor.
"Well, you are relying on what Lord Dalgety told you?" said Varitimos.
The doctor said no it was a combination of what he saw and what he told him.
Symptoms
The doctor who also wrote a letter dated February 5, 2010, to the Commission revealed that after a further home visit on February 4 he found that Dalgety was experiencing symptoms of depression.
"Do you accept that a diagnosis of depression depends in part on the patient telling you the truth?" said the counsel.
The doctor said it was so with every diagnosis, not only depression.
"Well, I suggest if you look at your medical report of February 5, you specifically said that the patient is found to be experiencing symptoms of depression," said Varitimos.
Dr Van Neer agreed.
"So I'm suggesting that your report did not go to the extent of saying that in your opinion he was suffering from depression. Is that right?"
"That's correct," said the doctor.
"So he was telling you things that would be consistent with symptoms of depression?" put the counsel and the doctor agreed.
The doctor agreed that he did not have any specialty in psychiatry; and that he is a general practitioner.
The doctor confirmed that Dalgety's symptoms were of moderate depression and he prescribed him medication.
"Now, you indicated in your report that he had a history of depression that was successfully treated over 20 years ago?" said Varitimos, and the doctor agreed.
"Are you aware that medical records of Lord Dalgety have been obtained in Tonga and it has no record of any complaint or history of depression? Are you aware of that?"
The doctor said no.
"Did you ask him for any details about what caused this depression?"
"He said he was under a bit of stress at that particular time, for over 20 years," said the doctor.
Counsel Varitimos put to the doctor whether he understood that this inquiry is investigating the circumstances surrounding the death of at least 74 people? He said yes.
"And do you understand that Lord Dalgety was the company secretary of Shipping Corporation that operated the vessel, Ashika?" said Varitimos.
The doctor said he did not know that.
"Now, you would expect that the captain of the vessel and the family and the passengers involved would be suffering from stress, or may be suffering from stress. And they themselves might be expected to be suffering from some form of depression?" Varitimos said.
The doctor said, absolutely.
"Now, Lord Dalgety is an important witness in this inquiry, could I suggest that if Lord Dalgety was not frank to you that would obviously impact on whether you could actually conclude that he was experiencing symptoms of depression? And in this case you took what he said at face value, I suggest that it would affect the ability for you to conclude accurately whether he was experiencing symptoms of depression or not - is that right?" said Varitimos.
The doctor said yes.
Fever
On being cross examined by Soane Foliaki the counsel for Salesi Havili Kaufusi who died in the Ashika sinking, the doctor was asked on the physical manifestations of Dalgety's illness, apart from what he told him?
The doctor said Dalgety looked pale, and he had some tenderness when he examined his stomach.
The counsel put to the doctor that Lord Dalgety is an European. "He's quite a fair gentleman. Was he paler than normal fair colour?"
The doctor answered that he hadn't seen him often enough to say, but he may not have been pale at all.
"So the only physical manifestation of a viral infection was the tenderness that Dalgety responded to when examining his abdomen?" said Varitimos.
The doctor said, yes.
"Apart from that, you relied entirely on what he told you to diagnose that he had a viral infection?" said the counsel, and the doctor agreed.
Quite stressed
"In the subsequent examination where you diagnosed that Dalgety is suffering from moderate depression, what's the difference between moderate depression and feeling quite stressed out?" sadi Varitimos.
The doctor answered it was difficult to make a distinction.
"So it's possible that Dalgety was, in fact, just feeling quite stressed out by the events that had transpired in his life around that time?" said Varitimos.
"It's possible," said the doctor.
"So if he was in a situation where he was suffering from moderate
depression which you accept to be associated with being stressed out, he could have come and given evidence here without suffering any harm to his health?" said Varitimos.
The doctor disagreed, as he was not expert enough to say if harmful consequences would be resulted.
"But you're expert enough to provide a report to keep him from
giving evidence at this forum when you're not a psychiatrist?" said the counsel.
The doctor said that was correct and added it is his job as a doctor to firstly protect the interests of the patient. He also asserted to the inquiry that the depression symptoms posed by Dalgety appeared genuine to him.
Lord Dalgety is set to appear next week to continue his evidence.