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Canberra Today 25°/28° | Friday, March 29, 2024 | Digital Edition | Crossword & Sudoku

Independent inquiry comes from strip-search allegations

AMC. Photograph: Andrew Finch

THE ACT government has wiped its hands clean of any political interference from a Supreme Court bail application that would expose the state inside of Canberra’s embattled prison.

But allegations of human rights abuses inside the Alexander Maconochie Centre already are being investigated as part of an independent review separate from the government.

Lawyers for a female Aboriginal remand prisoner, who was allegedly strip-searched naked by four prison guards hidden from sight wearing full riot gear, have accused authorities of denying her human rights after the act was also conducted in front of male inmates.

The government was at pains to explain the territory was not working outside of its law.

“Unlike most other jurisdictions, strip searches in correctional centres are not routinely conducted in the ACT,” a spokesperson for the ACT government said.

“Strip searches are conducted in limited circumstances in ACT correctional centres to ensure detainees are safe and are not a threat to themselves or others.

“Strip searches are conducted by correctional officers of the same gender as the person being searched in settings that respect their privacy as much as possible. Every effort is made to ensure detainee welfare, wellbeing and human rights are considered.”

The legalities of the strip-search was the foundation of the case to release Julieann Frances Williams from custody.

Justice Michael Elkaim denied bail in a hearing that barely lasted a minute on Thursday (March 11).

The findings were not read out in court and just four copies had been reserved for hand-picked persons connected to the case.

Winnunga Nimmityjah Aboriginal Health and Community Services chief executive Julie Tongs was only given the findings “on the basis that it’s not published to anybody”.

Supporters of the Aboriginal health and community services accused political powerbrokers in a statement at the conclusion of the case of ensuring that the findings were deliberately suppressed, which the government entirely denied.

“The ACT government just does not play a role in the independent decisions or rulings of judicial officers,” the spokesperson said.

Lawyers acting for ACT Corrective Services were identified for making the application to suppress in the court the alleged footage of Ms Williams being strip-searched over concerns that identifying the guards could lead to future reprisals on individuals.

Justice Elkaim cleared the public from the courtroom during the playing of the video.

The government claims the decision to postpone proceedings was made solely by Justice Elkaim.

“The court had the final decision-making power and the ACT government was not able to override this,” the spokesperson said.

The Labor-Greens government has been forced to reshuffle responsibility for the AMC after a tumultuous period in the last territory administration.

The ministerial portfolio for police and emergency services has shifted from Greens leader Shane Rattenbury to Labor veteran Mick Gentleman.

But accusations of the personnel changes mudding the independence of the court of a secret cover-up has been dismissed.

“The ACT government operates at arms-length from the judiciary and does not interfere with independent decisions and rulings of judicial officers,” the spokesperson said.

But the government authorities did not deny playing a role of sending one of its most high-ranking barristers to adjudicate on what Ms Tongs described as a “simple bail hearing”.

“It is not unusual for a barrister to attend a bail hearing in the ACT,” the spokesperson said.

The correctional facility had once boasted that it would meet its human rights obligations.

AMC was touted the first prison of its kind in the country to be built and then-Chief Minister Jon Stanhope said in 2008 it was a “physical manifestation of an important philosophical conviction”.

But the government had never set any formal guidelines in place under ACT law to make the centre without bars truly human-rights compliant.

“Allegations made by detainees concerning their welfare, treatment and wellbeing like this are taken seriously and investigated thoroughly,” the spokesperson said.

“In this instance, the Minister for Corrections (Mr Gentleman) has referred the incident to the Office of the Inspector of Correctional Services to ensure an independent review of the allegations takes place.

“This review is currently underway and the report will be tabled in the ACT Legislative Assembly.”

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Andrew Mathieson

Andrew Mathieson

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