A mentally ill man who stabbed a passer-by to death has lost his case against a London heath authority for breach of care.

Christopher Clunis claims he should have been kept in hospital

The Appeal Court ruled that Christopher Clunis, a psychiatric patient, cannot sue Camden and Islington Health Authority over its alleged failure to give him proper treatment before he killed Jonathan Zito in 1992.

The court decided that because Clunis committed the crime he is not entitled to compensation from the health authority. It is a landmark judgement for dozens of patients like Clunis who had hoped to get compensation.

Clunis was detained indefinitely in Rampton special hospital after pleading guilty to the manslaughter of Mr Zito, who was stabbed in the eye at Finsbury Park underground station in north London in December 1992.

Jonathan and Jayne Zito were married for three months before Jonathan was killed

Mr Zito's widow Jayne, who supported Clunis' claim, said the ruling means hospitals are legally allowed to discharge patients that they know are capable of killing people.

Clunis claimed he would not have killed Mr Zito if he had been hospitalised.

Mrs Zito said: "The court says that despite the level of Clunis' illness, Camden and Islington Health Authority did not owe a duty of care to him."

The health authority had appealed on the grounds that it was against public policy to allow a civil damages action to be brought by someone whose own criminal act was the basis of the claim.

Clunis' action was based on the alleged failure of a doctor to take steps to have him "sectioned" under the Mental Health Act following his release by Guy's Hospital in September 1992.

Jayne Zito: over 100 people have been killed by Care in the Community patients

The Zito Trust, set up by Mrs Zito, says that over 100 people have been killed by Care in the Community patients in the last five years. After the hearing Mrs Zito said approximately two people are murdered a month because of the country's failure to provide adequate care services.
 
Jayne Zito gives her reaction to the judgement (Dur: 2'30")

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