diagnostic criterion of suffering from “non-bizarre delusions”, i.e. delusions involving
situations that occur in real life such as being followed, poisoned or infected, and says
that the additional material strongly suggests that this criterion is amply fulfilled. She
then cites a number of the documentary references to a conspiracy against Bane
involving his sister, mother and wife. She goes on to cite material evidencing Bane’s
views about Zoran and the Conservative Party, and in paragraph 78 concludes as
follows:
“The additional material also confirms my view that [Bane’s]
testamentary capacity was impaired. He had delusions relating
to his family, whom he felt were evil, and plotting against him,
and also had delusional ideas about the world in general, seeing
the Conservative Party, and Margaret Thatcher in particular, as
forces in the fight of good against evil.”
165.
In her letter of 23 March 2007 Dr Reveley amplified her reasons for reaching this
conclusion, with further detailed references to the documentary record. In paragraph
8 of her letter she said this:
“Delusions may be held at the same time as loving feelings
towards the same person. In my experience, in individuals who
are deluded towards loved ones, there are nearly always islands
of affection breaking through at particular times or in particular
circumstances. This process is also apparent in [Bane’s]
attitude towards his sister, towards whom he held strong
delusional beliefs, but towards whom he was also able to be
loving, at times.”
166.
Mr Simmonds QC’s cross-examination of Dr Reveley was mainly devoted to an
exploration of three of her principal conclusions: that Bane suffered from a delusion
that Zoran was not his natural son, that he suffered from a delusion that Zoran was
implicated in a conspiracy against him, and that he was deluded about the role and
powers of the Conservative Party. I will take these three topics in turn.
(a) Zoran’s paternity
167.
The evidence that Bane may have doubted that Zoran was his natural son is scanty. It
consists of little more than an allegation in Mirjana’s petition for judicial separation in
May 1985 (“On or about 16 May 1984 … he further falsely and unjustifiably alleged
he was not the father of the said child Zoran”) and passages in the evidence of three
witnesses, Mr Rinaldi, Mr Kaczmarski and Mr Sulmoni. Furthermore, of those
witnesses Mr Rinaldi made it clear in his oral evidence that he never believed Bane’s
statements to this effect, which he understood in a figurative sense only; and Mr
Kaczmarski said that he never took these expressions seriously. On the other hand,
there is a wealth of evidence in the documentary record which indicates that Bane
recognised Zoran as his natural son, including notably the terms of the 1984 Codicil
(leaving his residuary estate to Zoran upon attaining the age of 35), numerous
references in the diary, and Mr Trower’s attendance note of his first meeting with
Bane. When confronted with this material, Dr Reveley accepted that most of it
suggested that Bane was under no illusion about his paternity of Zoran, and that for
most of the time he really believed Zoran was his son. Nevertheless, she maintained
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents