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Female prisoner strip-searched under duress refused bail

THE findings for a bail application of an imprisoned Aboriginal woman has been covered up in a hearing that lasted less than 60 seconds.

Supreme Court Justice Michael Elkaim entered the courtroom and asked of the barrister representing applicant Julieann Frances Williams about her whereabouts on Thursday (March 11) first before swiftly delivering a matter-of-fact verdict that bail was denied.

There was no explanation given for not reading out reasons behind his findings after the ACT government had suppressed footage that closed the public court of Ms Williams being forcibly strip-searched in front of male inmates at Canberra’s Alexander Maconochie Centre.

Only four copies have been published of the findings and two of them were distributed to only ACT Corrective Services and Winnunga Nimmityjah Aboriginal Health and Community Services chief executive Julie Tongs.

“You may want to read this judgement as I know your involvement in the matter,” Justice Elkaim told Ms Tongs in the courtroom.

“I am happy for you to have a copy but it’s on the basis that it’s not published to anybody.”

Ms Tongs had instead prepared a statement to the media that was entitled “the cover-up begins”, expressing her bitter disappointment.

She told supporters and lawyers after the brief hearing that she had lost faith in the justice system.

Support for the bail application was on grounds that better medical treatment could be provided in community than in custody from the territory’s Aboriginal health service.

Ms Williams, who is a sexual assault survivor, alleges she was stripped down naked by four prison guards in full riot gear earlier this year.

Lawyers for Ms Williams had argued the incident had additionally caused significant trauma that should provide new grounds for her release on bail.

The woman suffers from a serious heart condition and was found to have a blockage of the lung that had since resulted in a blood clot.

Five days before the strip search, prison staff were advised that she had complained of a “shortness of breath” and “chest pain”.

But the Crown prosecution had argued successfully for Justice Elkaim to deny bail that the special and exceptional circumstances – the key criteria of meeting the bail requirement – to justify the release of Ms Williams did not exist.

Prosecutors said the inmate would receive the same level of medical and mental health care in jail than in the community despite correctional services previously administering treatment to Ms Williams.

Concerns were also raised about the reliability of the woman’s account of events that had been prone to points of exaggeration, according to clinical psychologist Greg Aldridge, who was assigned to the case.

Ms Williams is set to face court later in the year over obtaining property by deception.

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Ian Meikle, editor

Andrew Mathieson

Andrew Mathieson

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