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Female prisoner to take action on alleged Human Rights breach

The Alexander Maconochie Centre.

A FREED female prisoner allegedly strip-searched in sight of male inmates intends to take civil proceedings against the Crown over a breach of human rights.

Julieann Frances Williams was released from custody last Thursday (March 25) after lawyer Sam Tierney overturned the findings of a previous application earlier in the month heard by Justice Michael Elkaim who initially denied the 37-year-old bail.

“There’ll also be a compensation element to it, but there’s also an element, I think, that we will ask the court to make a declaration that human rights were breached,” Mr Tierney said.

“That would be the two outcomes we’ll be chasing.”

The case would tend to lean on whether the Aboriginal woman was subjected to harrowing mistreatment while being held on remand because of her race.

Ms Williams alleged that prison staff after entering her cell forcibly strip-searched her body in full-squad riot gear that contributed to breaking conventions of the Human Rights Act.

The management of the Alexander Maconchie Centre has refuted the claims.

“Whether there’s been a Declaration of Human Rights a breach, the court can make any order appropriate, other than awarding damages,” Mr Tierney said.

“So, you know, it might be argument to the court to say that there needs to be a review of the management of mental, physical and mental health conditions.

“Whatever the court decides is something that needs to happen, basically.”

The lawyers for the Crown prosecution had told the Supreme court last week that the first bylaw application should Ms Williams be released on bail, she could be picked up by police on an outstanding warrant that was tied to New South Wales.

“Turns out that what the Crown told the court was actually wrong,” Mr Tierney said.

Ms Williams, who was picked up in the ACT over aggravated burglary charges, was never presented to the court for an extradition hearing that had to consider whether she was under a restraint in the jurisdiction.

“We said to the judge, that’s new information, which is sufficient to get us through,” Mr Tierney said.

The Crown argued Ms Williams was a flight risk ahead of a trial later in the year, but Justice Lucas Carlson dismissed the point.

Dr Ian Harrison, the psychiatrist working with Winnunga Nimmityjah Aboriginal Health and Community Services, also told the court in view of what happened surrounding the alleged excessive force incident that because of her cardiac vulnerabilities, unless she got better treatment for psychiatric conditions, there was a significant risk her heart would give out.

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Andrew Mathieson

Andrew Mathieson

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