Southern Highlands and Sydney anaesthetist David Bell bids to have domestic violence charges dismissed under mental health act
A Southern Highlands anaesthetist told his victim she only thought there was a violence problem because of her “f***ing feminist bullshit”, a court has heard. Read what happened.
Macarthur
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A prominent doctor who held a cooking knife at his wife’s throat telling her “I am going to f**king kill you” has tried to have the charges dismissed on mental health grounds.
David Bell, 41, pleaded guilty to 17 offences including five counts of common assault, five counts of stalk or intimidate intending to cause fear of physical harm, six counts of assault occasioning actual bodily harm and armed with intent.
At Picton Local Court on Friday, solicitor John Stratton made an application to have the charges dismissed and divert Bell into mental health treatment.
He described the case as “unusual and indeed exceptional”, adding that Dr Bell was suffering from significant depressive and anxious symptoms at the time of the offences.
Mr Stratton said that circumstances in Bell’s life created a “perfect storm”, and the commission of the offences was due to him succumbing to the pressures.
“[In references] he emerges as a hardworking, dedicated doctor. Dedicated to his patients and dedicated to the wider community,” Mr Stratton said.
“The defendant’s fall from grace is also Shakespearean in character, but hopefully, it’s not the end of the story.”
Senior Police Prosecutor Sergeant Jason Tozer opposed the application, questioning how Bell could perform a “complex” job but was now asking the court to consider that his “deterioration in mental capacity was solely at home”.
Sergeant Tozer also pointed to the “protracted” period of offending and said the victim, in her own words said she “was trapped in a cycle of fear, self-loathing and humiliation”.
Magistrate Mark Douglass dismissed the application and called for sentencing submissions.
Sergeant Tozer referenced a statement by Bell that the victim recorded where he said, “I don’t think violence is a problem … you just want it to be a problem because of your f**king feminist bullshit”.
“A message of specific deterrence needs to be sent to Dr Bell that this type of offending is not acceptable in any type of circumstance,” he said.
“It’s not bullshit. It’s not feminist or otherwise that violence towards women … is completely unacceptable.”
Sergeant Tozer said there were more than two years of violence and verbal abuse toward the victim.
“[It] essentially eroded her sense of self that made her feel trapped, humiliated and self-loathing,” he said.
“She details her current and ongoing journey of recovery of this period of her life and the impacts this trauma has on her.”
Sergeant Tozer said the only appropriate sentence was that of a custodial punishment. But, it was up to the court to determine whether that was imprisonment or by way of an intensive corrections order.
In his defence, Mr Stratton pointed to Bell’s complete absence of a criminal record.
“There is an abundance of evidence of his good character and standing within the community,” he said.
“Makes this a case which is out of the ordinary.”
Mr Stratton said there was evidence before the court that Bell had a “low risk” of reoffending and ”excellent” prospects of rehabilitation.
“He has sought and is continuing to seek psychiatric assistance for his psychiatric condition,” he said.
“Your Honour will take into account the effect that he has been charged with the offences have had ... he’s lost everything.
“It’s up to the medical tribunal whether he can practice again. It may well be that he has lost his career permanently. We just don’t know.”
Mr Stratton spoke of his client’s contribution to the community, especially during the Covid pandemic, when he became head anaesthetist at Bowral Hospital.
He wanted the judge to consider the extensive contribution that Bell had made to the community, “especially during this dark period of the Covid wave”.
Magistrate Douglass adjourned the matter and is set to sentence Bell on September 28 at Picton Local Court.
Doc administered years of brutal DV
Court documents state that Bell is an anaesthetist who has been employed at Bowral and Campbelltown Hospitals and is on a six-figure salary.
They also detail the offences that occurred over two years starting in 2019 after Bell had been in a relationship with the victim for a few years.
The abuse outlined in the police facts started on June 3 of that year when Bell got angry with the victim as he believed the house was untidy and his dinner was not cooked. He began to yell at the victim, slam doors and cupboards and kick things, frightening his partner.
Then in May 2020, Bell punched his partner leaving her with bruises. A few days later, he slapped her in the face.
In April the following year, he punched the victim and a month later he pushed her onto the floor forcefully causing bruises to her thigh and buttocks.
The facts state that just a few days after this, the victim and Bell were returning from his parents’ home in the Blue Mountains when he told her she was being rude and threw McDonald’s food at her. Bell then began to drive in a fast and erratic manner leaving the victim terrified and begging him to slow down.
The behaviour escalated more on July 17, 2021 when Bell kicked his partner in the legs while she was seated on the ground. He then grabbed her by the throat and pushed her against a wall.
Court documents show that later that same night, Bell threatened his partner with a Japanese cooking knife, telling her “I am going to f**king kill you”.
On August 26, 2021, Bell read messages on the victim’s smart watch and told her she better have a good lawyer as he would cut her off financially.
She said “don’t hurt me” and he said: “Why? Doesn’t matter now, doesn’t matter now because you have already told them that I am a violent prick and that I’d lie about it so I may as well beat the f**k out of you, so I’d at least have the f**king satisfaction”.
On September 26, 2021 the victim reported the matter to police after Bell had left their home in Mittagong.