AN Aboriginal woman, who vehemently complained over being strip-searched in front of male inmates against her will, is fighting to be released after suffering trauma from the incident at Canberra’s prison.
Support for the bail application of Julieann Frances Williams, 37, was argued that better medical treatment will be delivered in community than in custody from Aboriginal health service Winnunga Nimmityjah.
The application from barrister Peter Tierney needs to prove that either a change or special exception of circumstances are relevant for granting the one-time sexual assault survivor bail that was supported by a report from clinical psychologist Greg Aldridge.
Authorities confirmed in the ACT Supreme Court on Wednesday (March 10) that ordinarily the need for medical treatment will not justify bail should it not reach the “threshold” of special exceptional circumstances.
Ms Williams first entered the Alexander Maconochie Centre on remand for six months, but has suffered a number of serious health issues, including a blockage of the lung that had since resulted in a blood clot.
The point of contention was over that correctional staff rather than medical staff had to administer treatment inside for the inmate suffering shortness of breath and chest pain after Justice Health Services had warned ACT Corrective Services of the ailments five days before use of force was allegedly applied to Ms Williams.
Footage of the prison guards strip-searching Ms Williams had been suppressed by the ACT government which resulted in the courtroom being cleared.
Lawyers acting for ACT Corrective Services made the application to Supreme Court justice Michael Elkaim to hide the alleged abuse of human rights from public view over fears that identifying the guards could lead to future reprisals on individuals.
The incident occurred after Ms Williams had been told her grandmother had passed away, while being told she could not attend the funeral one day earlier over logistical issues only complicated matters further.
The case of Crown prosecutors rests on the patient constantly neglecting medical advice.
They illustrated hours after arrest Ms Williams had asked to leave Canberra Hospital before a CT pulmonary angiogram could investigate the blood clot despite a discussion with her of the risks that included death.
Prosecutors also dispute the prisoner’s account of events the clinical psychologist admitted were prone to points of exaggeration after she was imprisoned over a charge of obtaining property by deception.
To determine “a very significant issue” on the bail application, they argue the court must rely on assertions made by Ms Williams that is her word only in the midst of a “significant” criminal history.
Prosecutors argue a decision should not be based around the prognosis of post-traumatic stress disorder caused from the strip-search.
The Crown also submitted the likelihood that Ms Williams would not appear at her trial set down for July should she be bailed amid a warrant for her arrest in NSW could be executed should she cross the border.
Ms Williams would be liable to serve the rest of her current sentence of nearly two years.
The decision on her bail application will be made on Thursday (March 11).
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