evidence of Bane’s enduring goodwill towards his son, and in paragraph 105 he says
that the question whether or not there is a probable rational explanation for Zoran’s
exclusion from the 1988 and 1989 Wills needs to be taken into account. He suggests
that the picture which emerges from the evidence is one of gradual estrangement
between Zoran and his father, with Bane appearing to make more of an effort to stay
in contact than his son through 1985 and 1986 but then settling into a sad acceptance
of the breakdown of their relationship. Professor Howard adds that Bane was also
clearly disappointed that Zoran had not chosen a more business-orientated career.
188.
In paragraphs 106 and 107 Professor Howard states his conclusions in relation to the
1988 and 1989 Wills:
“106. It is my opinion that, on the balance of probabilities,
[Bane’s] decision to exclude his son Zoran from his 1988 and
1989 Wills was not made because of the presence of delusions
that [he] harboured about his son. This decision was more
likely to be motivated by the understandable estrangement that
was developing between [Bane] and his son – an estrangement
that appears to have been brought about more by Zoran than by
his father – combined with [Bane’s] knowledge that he had
already given Zoran the house in Gleneagles and £100,000 and
could continue to make gifts to him during his lifetime.
107. … [Bane’s] support for the kind of Conservative politics
that were represented by the views of Margaret Thatcher and
his admiration for Mrs Thatcher were long-standing and are
documented in his letters. [He then refers to the donations
made by Bane to the Conservative Party between 1988 and
2004.] From the material which I have been able to review it
would be my opinion that [his] support of the [CPA] in his Will
was not motivated by any insane delusions. Rather, this
appears to have been motivated by a long-standing and strong
affection for the [CPA] reflected in his personal identification
with the ideals that they stood for and his pattern of financial
support for the Party.”
189.
At the start of his oral evidence Professor Howard was asked by Mr Simmonds QC to
comment on some of the views expressed by Dr Reveley in her cross-examination. I
have already referred to some of Professor Howard’s comments and criticisms of Dr
Reveley’s evidence, and indicated where I prefer his approach. One further point that
Professor Howard stressed was that in his view delusions do not wax and wane, but
are characterised by their stability in a patient like Bane. However, he then qualified
this general principle in two respects. The first qualification was that at the beginning
of the illness, when the system of delusions is developing, one can see fluctuations
with delusional material coming in and out of focus in a patient’s mind. The second
qualification, which is for present purposes immaterial, is that when a patient has been
successfully treated and the delusions are disappearing as a result of treatment the
delusions become unstable. Those exceptions apart, however, Professor Howard’s
own experience, and the teaching of the relevant literature, is that delusions do not
wax and wane within an established untreated delusional system.
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