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The couple seeking HK$20 million in damages for
the death of Sha Sha, their Shiitsu dog, were made more stressed through their
own litigation than the actual mauling of the pet, renowned psychiatrist,
Professor Felice Lieh-Mak told the High Court Tuesday.
Lieh-Mak said solicitor Eugene Oh felt wronged by the fact that the mongrels
that killed his dog were not punished and so he "channelled most of his energy
into litigation which, as a lawyer, is understandable.''
His wife Grace Chin was then made more anxious because of the litigation, her
husband's deteriorating health and the negative publicity. Lieh-Mak believes Oh
to be suffering from an ``adjustment disorder'' involving anxiety and
depression, but not anything as serious as post-traumatic stress disorder
(PTSD), which is more common with soldiers who suffer near-death experiences.
She does not consider Chin to suffer from any psychiatric illness.
Chin and her husband Eugene Oh are claiming psychological damages after their
dog was mauled to death by mongrels belonging to their neighbors, Yan Su-zher
and Kate Richdale.
Chin was walking Sha Sha in the summer of 2000 when the little dog supposedly
broke loose, was dragged through the gates by the mongrels and mauled to death,
Chin said.
Oh did not witness the incident but was informed by Chin over the phone and
reconstructed the events in his mind. Oh and Chin claim to have been
traumatised by the violent death of their dog and developed PTSD.
Lieh-Mak told Deputy High Court Judge Ian Carlson that the criteria for PTSD is
very strict. One needs to have extreme or intense fear for one's life and also
be a witness to a catastrophic event, she said.
``I can't find any report in scientific study which says witnessing violence
between animals can be a cause of PTSD,'' said Lieh-Mak. Chin may have been
frightened at the time, but the event was not realistically threatening to her
own life, she said.
Oh was not present and did not witness the death of his dog. ``I think (Oh) will
get on with his life,'' she said.
``Without the cause you cannot have the symptoms,'' just as ``you cannot
diagnose Sars without the existence of a Sars virus,'' she said.
Lieh-Mak did not believe either Chin or Mak lived in such ``intense fear'' after
the event otherwise they would have quickly moved away from the Sai Kung
neighborhood.
She also pointed out that Chin only resigned from her position in companies
owned by her husband and continued to give psychology tutorials three times a
week at the University of Hong Kong.
``Tutorials are interactive, you have to be on your toes,'' she said. She said
Chin would only have ``struggled through her work'' because of the stress of
the present litigation, not because PTSD impaired her work. In any case, her
performance was not affected, added Lieh-Mak, since her yearly contract was
renewed.
Representing Chin and Oh, senior counsel Ruy Barretto suggested that it was
nevertheless ``a highly unusual event for a lady of her situation'' and that
the continued presence of the ferocious dogs was traumatic for her. He
suggested the violent death of a beloved dog is sufficiently traumatic to cause
PTSD.
Barretto also thought that because Lieh-Mak did not have photographs of the
carcass she did not have an accurate enough picture of the events to make a
qualified judgment.
``I suggest to you you have taken a wrong diagnostic approach,'' said Barretto
and that other clinicians could come to the conclusion that it was possible for
them both to suffer from PTSD.
Lieh-Mak is emeritus professor of psychiatry at the University of Hong Kong. She
was elected as chairwoman of the English Schools Foundation last year.
The defendants Yan and Richdale claim they have the right to protect their own
premises, especially after they had found illegal immigrants trespassing in the
past. Both parties have since moved from Clear Water Bay Road.
The case continues today.
albert.wong@singtaonewscorp.com
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