‘We trusted them’: Bellamy Nieto’s family to sue Barwon Health over Swanston Centre death
The family of a patient who took their own life inside a Geelong psychiatric unit claims the facility basically handed their loved one “a loaded gun” amid a probe into the grim tragedy.
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The family of a patient who took their own life inside a Geelong psychiatric unit says the government-run facility basically handed their loved one “a loaded gun” amid a probe into the grim tragedy.
Bellamy Nieto, 22, was found dead at the Swanston Centre in June last year just days after attempting suicide in the same ward.
Mum Lee Johnson is now fighting for change and has spoken out about the harrowing days that led to the death.
Bellamy was a biological woman who identified as non-binary and used they/them pronouns.
“Bellamy died in the place we thought would keep them alive,” their mother said.
“We trusted them.”
Ms Johnson is suing Barwon Health for negligence amid an ongoing investigation by Victoria’s work safety watchdog into the troubling death.
She said Bellamy was found dead in a room “miles away from where the nurses were” despite being acutely suicidal.
It’s alleged they were transferred from a high-observation room near the nurse’s station to a more isolated section of the unit, with the family saying observation times were changed from 15 minutes to hourly.
“Bellamy was seriously suicidal and needed to be watched constantly,” Ms Johnson’s wife, Bev, said.
“You don’t leave someone on an hourly watch who days earlier had attempted to kill themselves with an item issued by the hospital.
“This item was removed but then returned to them within 24 hours of their death.
“They handed them a loaded gun, basically.”
A WorkSafe Victoria spokesman confirmed Barwon Health was being investigated over the incident.
The hospital is already facing charges over the death of a woman at the same acute psychiatric unit in December 2022.
It is accused of failing to ensure people other than employees were not exposed to health and safety risks.
Affiliate Professor Dr Ajai Verma, who is the chief medical officer at the hospital, said an internal review had been completed and shared with Bellamy’s family.
“We acknowledge the one-year anniversary of the passing of this patient and our heartfelt thoughts are with the family as they continue to grieve,” he said.
Ms Johnson said Bellamy had a long history of mental health struggles, including a near fatal overdose in 2019 and, later, more suicide plans culminating in the creation of a detailed journal called a “death book”.
“We had no idea about this,” Ms Johnson said.
In the good times, they were described as beautiful, bright, colourful and generous – a person who would do anything for anyone.
“Bellamy was an extrovert and loved to laugh,” Ms Johnson said.
Days spent fishing with dad, cooking, playing squash and spending time with friends filled them with joy, but over time their mental condition deteriorated.
They were convinced to see a doctor and involuntarily admitted to the Swanston Centre on May 30, 2024.
Bellamy died 11 days later, on June 10.
Involuntary admission – also known as involuntary detention or care – is when someone is assessed or treated in a mental health facility without their consent, usually because their condition means they can’t recognise they need help or they pose a risk to themselves or others.
Bellamy’s father, Carlos Nieto, said he would live to regret the decision.
“I thought it was a safe place but I had no idea how awful it was,” he said.
“As soon as there was an opportunity, Bellamy took it.
“I find it negligent that this can happen.”
A coronial probe is also under way.
Dr Verma said the hospital was co-operating with the WorkSafe investigation but was unable to comment further.
“This process is ongoing,” he said.
The hospital was recently served with notices from a law firm seeking damages on behalf of Bellamy’s family.
Jodie Harris, partner and practice manager of the Geelong office of Arnold Thomas and Becker, claims medical information shows each member had sustained “a significant injury” as a result.
“This is a tragic loss of life of a young person, in what we will allege on behalf of the family, were entirely preventable circumstances,” Ms Harris said.
“It is shocking that an incredibly vulnerable person is compulsorily placed at a major hospital for treatment because they are so unwell, but that hospital does not appear to have appropriate
measures in place to properly treat and protect that person.”
It comes as Barwon Health prepares for a committal court hearing in March in relation to the
2022 death at the Swanston Centre.
That patient also took her own life.
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Originally published as ‘We trusted them’: Bellamy Nieto’s family to sue Barwon Health over Swanston Centre death