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| Northern Territory juvenile detention: Greens welcome Adam Giles' sacking of John Elferink – live | |
| (35 minutes later) | |
| 4.56am BST | |
| 04:56 | |
| On the failure of the NT justice system to break the cycle of youth reoffending, Ruth Barson’s comment piece in the Sydney Morning Herald today is relevant. She’s the director of Legal Advocacy at the Human Rights Law Centre. | |
| “I have known one of the young people who featured in Monday’s Four Corners episode for close to a decade. I was his lawyer when he first came into contact with the criminal justice system. I know that there were countless missed opportunities for positive rather than punitive intervention in his life: for the system to make things better for him, rather than worse. | |
| But he was failed. Too often, the youth justice system is a slippery slope of failure.” | |
| 4.52am BST | |
| 04:52 | |
| As has already been mentioned, there’s a election coming up in the NT in August and these recent reports will only bring the statewide issue of incarceration rates to the fore. | |
| A coalition of social services and community and legal organisations has called for both sides of politics in the state to address its justice crisis and last week publicised a wish list of six demands. Those are: | |
| In an interview with my colleague, Darwin correspondent Helen Davidson, John Adams, general manager of the Jesuit Social Services in Alice Springs, said diversionary measures were of pivotal importance when it came to youth reoffending. | |
| He said, without a response that broke the cycle, quite often offending “escalates to a point where a custodial sentence is the only option”. | |
| Inconsistent funding and operation of youth services in the NT also disrupt social workers’ ability to build relationships with troubled youth and steer them back on track. | |
| You can read more about the Making Justice Work campaign here. | |
| Updated | |
| at 4.58am BST | |
| 4.41am BST | |
| 04:41 | |
| “The majority of Australians have the privilege of never having to seriously ask ‘what if that was my child?’” | |
| Kathleen Heath calls for the end of youth detention centres in an opinion piece for Guardian Australia. | |
| 4.40am BST | |
| 04:40 | |
| Labor’s Malarndirri McCarthy, a NT senator, has vowed to do her bit to ensure that the royal commission is wide-ranging and has strong terms of reference, and that its subsequent recommendations are implemented. | |
| The first step, she said, was to close the Don Dale facility – but high rates of incarceration, homelessness and suicide would be a focus of her work as a senator. | |
| McCarthy replaced Nova Peris, who resigned in May. | |
| Updated | |
| at 4.44am BST | |
| 4.29am BST | |
| 04:29 | |
| The Australian Greens view John Elferink’s being stripped of the corrections portfolio as a sacking, and say it’s appropriate. | |
| Richard Di Natale, the party leader, says the royal commission must have wide terms of reference to determine the full extent of the problem in the NT and elsewhere in Australia. | |
| He also called on Adam Giles to provide immediate assurances that there is no longer abuse going on in juvenile detention and that young people who have been traumatised under government supervision are being supported. | |
| (Giles did say in the press conference just before that he would be making contact with the children featured in the Four Corners report “to not only see where they’re at” but to interview them about the incidents of abuse. Dylan Voller, the child filmed strapped to the chair wearing a spit hood, is currently in an adult prison.) | |
| Di Natale said detention should be the “option of absolute last resort for children” but rates were increasing in the NT, and particularly of Indigenous Australian youth. | |
| The Greens spokeswoman on Aboriginal and Torres Strait Islander affairs, Senator Rachel Siewert, said there would be lifelong impacts on these young people. | |
| “It is highly likely that this is not an isolated incident and reflects a culture of detention in the Northern Territory. It is no wonder that we don’t see progress in closing the gap in these circumstances.” | |
| Updated | |
| at 4.31am BST | |
| 4.20am BST | 4.20am BST |
| 04:20 | 04:20 |
| That very lengthy press conference with Adam Giles, the NT chief minister, has just concluded. He did not diminish the horror of what was broadcast on Four Corners, nor shirk the responsibility and failure of corrections; in fact, as of now, he’s taken over that portfolio from John Elferink. | That very lengthy press conference with Adam Giles, the NT chief minister, has just concluded. He did not diminish the horror of what was broadcast on Four Corners, nor shirk the responsibility and failure of corrections; in fact, as of now, he’s taken over that portfolio from John Elferink. |
| (Elferink remains the state’s attorney general and its justice minister and its children and families minister and its health minister and its disability services minister and its mental health services minister – so it’s by no means a sacking, as many called for.) | |
| But Giles did say that much of the Four Corners report was news to him, including that shocking footage of Dylan Voller strapped to the chair with a spit hood over his face. The police commissioner, Reece Kershaw, said the same. | But Giles did say that much of the Four Corners report was news to him, including that shocking footage of Dylan Voller strapped to the chair with a spit hood over his face. The police commissioner, Reece Kershaw, said the same. |
| Media grilled the two of them over that assertion pretty intensely – given it was reportedly referred to by the former children’s commissioner, Howard Bath, in his investigation into that incident two years ago. | Media grilled the two of them over that assertion pretty intensely – given it was reportedly referred to by the former children’s commissioner, Howard Bath, in his investigation into that incident two years ago. |
| Several journalists pointed out that much of what the Four Corners investigation showed wasn’t new and had been widely been reported by both media and government-appointed investigators. | |
| Even the “culture of cover-up”, to which Giles referred repeatedly by way of explanation, has been repeatedly cited as a factor in reports about the abuse of youth in detention. | Even the “culture of cover-up”, to which Giles referred repeatedly by way of explanation, has been repeatedly cited as a factor in reports about the abuse of youth in detention. |
| Updated | |
| at 4.25am BST | |
| 4.14am BST | 4.14am BST |
| 04:14 | 04:14 |
| Paul Karp | Paul Karp |
| Liberal MP and former Australian Human Rights Commissioner, Tim Wilson, told Guardian Australia the Don Dale royal commission should be “as broad as it needs to be to get to the bottom of cultural issues in detention” and should “make sure no stone is left unturned”. | Liberal MP and former Australian Human Rights Commissioner, Tim Wilson, told Guardian Australia the Don Dale royal commission should be “as broad as it needs to be to get to the bottom of cultural issues in detention” and should “make sure no stone is left unturned”. |
| Wilson said there was both the “very specific issue of the evidence of how some people have been treated [in Don Dale]” and the broader issue of the very high percentage of Aboriginal and Torres Strait Islanders in Northern Territory prisons. | Wilson said there was both the “very specific issue of the evidence of how some people have been treated [in Don Dale]” and the broader issue of the very high percentage of Aboriginal and Torres Strait Islanders in Northern Territory prisons. |
| Indigenous youths are over 24 times more likely to be in detention than non-Indigenous youths. In the NT, 98 per cent of youth detainees are Indigenous. | Indigenous youths are over 24 times more likely to be in detention than non-Indigenous youths. In the NT, 98 per cent of youth detainees are Indigenous. |
| Wilson said the broader pattern of Aboriginal incarceration might need to be dealt with separately to the royal commission, but he would take counsel on that before forming a settled view. | Wilson said the broader pattern of Aboriginal incarceration might need to be dealt with separately to the royal commission, but he would take counsel on that before forming a settled view. |
| 3.55am BST | 3.55am BST |
| 03:55 | 03:55 |
| 'The MO of the NT government is shoot the messenger' | 'The MO of the NT government is shoot the messenger' |
| Gillian Triggs says there is significant international interest in Australia’s “failure to deal with a problem we have known about a long time”, pointing to questions about the issue of the incarceration of Aboriginal Australians raised at the United Nations’ Universal Periodic Review. | Gillian Triggs says there is significant international interest in Australia’s “failure to deal with a problem we have known about a long time”, pointing to questions about the issue of the incarceration of Aboriginal Australians raised at the United Nations’ Universal Periodic Review. |
| “We’ve been a good international citizen but, over the last 15 years or so, we’ve seen a real decline in the commitment to the rule of law in Australia.” | “We’ve been a good international citizen but, over the last 15 years or so, we’ve seen a real decline in the commitment to the rule of law in Australia.” |
| The national children’s commissioner, Megan Mitchell, says conditions at the Don Dale centre near Darwin are “extremely poor ... It is an ageing facility designed as a maximum security detention facility for adults.” | The national children’s commissioner, Megan Mitchell, says conditions at the Don Dale centre near Darwin are “extremely poor ... It is an ageing facility designed as a maximum security detention facility for adults.” |
| She described her lasting impression as “one of cage wire and cement”. | She described her lasting impression as “one of cage wire and cement”. |
| “The MO of the NT government is this: shoot the messenger, discredit the report and demonise these kids, so people out of the street think it’s okay for that to happen to these kids.” | “The MO of the NT government is this: shoot the messenger, discredit the report and demonise these kids, so people out of the street think it’s okay for that to happen to these kids.” |
| Mick Gooda, the social justice and Aboriginal and Torres Strait Islander minister, was emotional when he addressed media. | Mick Gooda, the social justice and Aboriginal and Torres Strait Islander minister, was emotional when he addressed media. |
| “Our people have known about things like this, have advocated so hard, and to just see it laid bare in front of us last night must be a wake-up call to everyone in Australia – that something’s got to be done about the way we lock our people up in this country, and particularly the way we lock our kids up. | “Our people have known about things like this, have advocated so hard, and to just see it laid bare in front of us last night must be a wake-up call to everyone in Australia – that something’s got to be done about the way we lock our people up in this country, and particularly the way we lock our kids up. |
| “What we saw last night is an absolute disgrace.” | “What we saw last night is an absolute disgrace.” |
| Gooda said Australians need to examine the underlying causes of why these children are being detained. “I refuse to believe our kids are the most criminal kids in the world, just as I refuse to believe our people are the most criminal.” | Gooda said Australians need to examine the underlying causes of why these children are being detained. “I refuse to believe our kids are the most criminal kids in the world, just as I refuse to believe our people are the most criminal.” |
| Triggs – who, it must be noted, is under no illusions about how low conditions in juvenile detention can go – said she was “shocked to point of speechlessness” by the revelations from Don Dale detention centre. | Triggs – who, it must be noted, is under no illusions about how low conditions in juvenile detention can go – said she was “shocked to point of speechlessness” by the revelations from Don Dale detention centre. |
| Updated | Updated |
| at 3.58am BST | at 3.58am BST |
| 3.46am BST | 3.46am BST |
| 03:46 | 03:46 |
| On top of those 180,000 views of the clip on Facebook – my colleague Amanda Meade informs me that a total of 723,000 people watched Four Corners in the metropolitan market alone, according to the OzTAM ratings report. | On top of those 180,000 views of the clip on Facebook – my colleague Amanda Meade informs me that a total of 723,000 people watched Four Corners in the metropolitan market alone, according to the OzTAM ratings report. |
| When the regional numbers are added the figure will be closer to 1 million – and the catchup TV numbers on iView are expected to be very high. | When the regional numbers are added the figure will be closer to 1 million – and the catchup TV numbers on iView are expected to be very high. |
| Updated | Updated |
| at 3.59am BST | at 3.59am BST |
| 3.43am BST | 3.43am BST |
| 03:43 | 03:43 |
| Facebook restores one Four Corners clip | Facebook restores one Four Corners clip |
| One of the clips removed by Facebook has been restored following closer review. The other cannot be restored because it contains child nudity. Both were reported to the platform by members of the public – the usual way content is policed. | One of the clips removed by Facebook has been restored following closer review. The other cannot be restored because it contains child nudity. Both were reported to the platform by members of the public – the usual way content is policed. |
| From a Facebook spokesman: | From a Facebook spokesman: |
| “These videos were reported to us by members of the Australian public and our community operations team promptly reviewed and removed them for containing child nudity. Upon further review, we have restored one of the videos because it does not contain such imagery. We review millions of reports each week and, from time to time, we make a mistake and work to rectify this where we become aware of this. | “These videos were reported to us by members of the Australian public and our community operations team promptly reviewed and removed them for containing child nudity. Upon further review, we have restored one of the videos because it does not contain such imagery. We review millions of reports each week and, from time to time, we make a mistake and work to rectify this where we become aware of this. |
| “The second video does contain child nudity and so we cannot restore it. Our community standards do not allow any nudity of minors to be shared on our services, even if they are shared with the purpose of condemning it.” | “The second video does contain child nudity and so we cannot restore it. Our community standards do not allow any nudity of minors to be shared on our services, even if they are shared with the purpose of condemning it.” |
| This is the clip that’s been restored. It’s interesting to note that Facebook seems to have managed to restore the original clip that was posted last night, meaning its 2000 shares and 180,000+ views have not been lost. | This is the clip that’s been restored. It’s interesting to note that Facebook seems to have managed to restore the original clip that was posted last night, meaning its 2000 shares and 180,000+ views have not been lost. |
| Updated | Updated |
| at 3.46am BST | at 3.46am BST |
| 3.38am BST | 3.38am BST |
| 03:38 | 03:38 |
| Adam Giles: “The best form of youth program there is is the love of a parent. ... In the Northern Territory, there are too many children who are unloved.” | Adam Giles: “The best form of youth program there is is the love of a parent. ... In the Northern Territory, there are too many children who are unloved.” |
| It seems quite a long bow to draw from footage of teenage boy strapped to a chair for two hours but there you have it. More to the point, as Gillian Triggs said earlier: children in detention are in a loco parentis relationship with the state. | It seems quite a long bow to draw from footage of teenage boy strapped to a chair for two hours but there you have it. More to the point, as Gillian Triggs said earlier: children in detention are in a loco parentis relationship with the state. |
| A reporter made this point to Giles, to which he said: “First and foremost, parental love and parental care is the best form of action that can be taken for a child and too often in the Northern Territory that doesn’t occur. We all skirt around the issues, we know we do, and that’s why we’re putting it as part of the royal commission inquiry.” | A reporter made this point to Giles, to which he said: “First and foremost, parental love and parental care is the best form of action that can be taken for a child and too often in the Northern Territory that doesn’t occur. We all skirt around the issues, we know we do, and that’s why we’re putting it as part of the royal commission inquiry.” |
| (Triggs and the national children’s commissioner, Megan Mitchell, and the social justice commissioner, Mick Gooda, are speaking to media in Sydney right now. My colleague Ben Doherty is there – I’ll update you on their comments soon.) | (Triggs and the national children’s commissioner, Megan Mitchell, and the social justice commissioner, Mick Gooda, are speaking to media in Sydney right now. My colleague Ben Doherty is there – I’ll update you on their comments soon.) |
| Updated | Updated |
| at 3.47am BST | at 3.47am BST |
| 3.31am BST | 3.31am BST |
| 03:31 | 03:31 |
| A journalist to Adam Giles: | A journalist to Adam Giles: |
| “Pretty much every incident featured on Four Corners has been described in a report that has been released or discussed publicly by the government – the culture of cover-up was discussed in reports released publicly by the government. Investigations have been conducted, as you’ve just said, by corrections, by police. | “Pretty much every incident featured on Four Corners has been described in a report that has been released or discussed publicly by the government – the culture of cover-up was discussed in reports released publicly by the government. Investigations have been conducted, as you’ve just said, by corrections, by police. |
| “Yet you’re standing here and saying you haven’t seen that footage. | “Yet you’re standing here and saying you haven’t seen that footage. |
| “How can you expect people to take you seriously? And, if you haven’t seen it, isn’t it a dereliction of duty that, given you were in possession of those reports, you didn’t look for it?” | “How can you expect people to take you seriously? And, if you haven’t seen it, isn’t it a dereliction of duty that, given you were in possession of those reports, you didn’t look for it?” |
| Adam Giles: | Adam Giles: |
| “We’ve seen over a long period of time there has been evidence given ... that there has been deficiencies in the youth detention system. Every time something’s come forward we’ve either referred it to police, we’ve sought to find out what the problems were and sought to fix the issues. | “We’ve seen over a long period of time there has been evidence given ... that there has been deficiencies in the youth detention system. Every time something’s come forward we’ve either referred it to police, we’ve sought to find out what the problems were and sought to fix the issues. |
| “In regards to previous reports by current and previous children’s commissioners about the culture of cover-up, yes, we’ve gone and made changes in that regard and I think that where we are now is the system is much better than what it was in 2014, 2012 and 2010. | “In regards to previous reports by current and previous children’s commissioners about the culture of cover-up, yes, we’ve gone and made changes in that regard and I think that where we are now is the system is much better than what it was in 2014, 2012 and 2010. |
| “The reason we’re getting somebody to come in immediately and have a look at whether or not we still have issues is so that we can tick that off.” | “The reason we’re getting somebody to come in immediately and have a look at whether or not we still have issues is so that we can tick that off.” |
| Updated | Updated |
| at 3.33am BST | at 3.33am BST |
| 3.26am BST | 3.26am BST |
| 03:26 | 03:26 |
| Adam Giles is now taking questions from the media. | Adam Giles is now taking questions from the media. |
| He is insisting that he had never seen the Four Corners footage before: “I can tell you that this vision was new to me. I have never seen that vision that was on television last night ... What came out last night was new information that I understand that both the police nor attorneys general had been aware of in the past.” | He is insisting that he had never seen the Four Corners footage before: “I can tell you that this vision was new to me. I have never seen that vision that was on television last night ... What came out last night was new information that I understand that both the police nor attorneys general had been aware of in the past.” |
| Several journalists are expressing scepticism over this, making the point that abuse in juvenile detention – even many of the specific incidents documented by Four Corners – has been investigated and reported, by media and government-appointed investigators, over a long period. | Several journalists are expressing scepticism over this, making the point that abuse in juvenile detention – even many of the specific incidents documented by Four Corners – has been investigated and reported, by media and government-appointed investigators, over a long period. |
| One journalist – I believe Kate Wild of ABC Darwin – says at least John Elferink and Ken Middlebrook were aware of the material in the program: “Ken Middlebrook had shown me some of that vision himself in his office.” | One journalist – I believe Kate Wild of ABC Darwin – says at least John Elferink and Ken Middlebrook were aware of the material in the program: “Ken Middlebrook had shown me some of that vision himself in his office.” |
| Giles refutes her suggestion that the government had no idea about what was happening in Don Dale. He says all information of abuse in juvenile detention that had been provided to the government in the past had been sent “for a review or police investigation”. | Giles refutes her suggestion that the government had no idea about what was happening in Don Dale. He says all information of abuse in juvenile detention that had been provided to the government in the past had been sent “for a review or police investigation”. |
| In response to a question asking why he had not seen the footage, Giles reiterated that there has clearly been a “culture of cover-up ... for a very long time”. | In response to a question asking why he had not seen the footage, Giles reiterated that there has clearly been a “culture of cover-up ... for a very long time”. |
| Updated | Updated |
| at 3.57am BST | at 3.57am BST |
| 3.15am BST | 3.15am BST |
| 03:15 | 03:15 |
| Adam Giles said he watched Four Corners with “horror”. | Adam Giles said he watched Four Corners with “horror”. |
| “What we saw was vision of young Territorians in custody who were supposed to be seeking ... an opportunity for rehabilitation and I think it’s certain, by looking at that vision, that that wasn’t always the case.” | “What we saw was vision of young Territorians in custody who were supposed to be seeking ... an opportunity for rehabilitation and I think it’s certain, by looking at that vision, that that wasn’t always the case.” |
| He said that the issue went beyond the state’s corrections system to encompass several parts of government, such as child protection and youth justice – compounded by a wide-reaching “culture of cover-up”. | He said that the issue went beyond the state’s corrections system to encompass several parts of government, such as child protection and youth justice – compounded by a wide-reaching “culture of cover-up”. |
| “I think over time there has most certainly been a culture of cover-up within the corrections system. | “I think over time there has most certainly been a culture of cover-up within the corrections system. |
| “Now, that culture of cover-up doesn’t necessarily go to every single officer in the corrections agency or in the prison system. There are many good people who work in the prison system but to think this footage has not only been withheld from the former corrections minister and myself and many officials in government to me says that this culture of cover-up doesn’t just go back to 2010, which the footage shows, but goes back way beyond then.” | “Now, that culture of cover-up doesn’t necessarily go to every single officer in the corrections agency or in the prison system. There are many good people who work in the prison system but to think this footage has not only been withheld from the former corrections minister and myself and many officials in government to me says that this culture of cover-up doesn’t just go back to 2010, which the footage shows, but goes back way beyond then.” |
| The Four Corners footage has been referred to the NT police commissioner, Reece Kershaw, who has set up a special task force, led by the specific reference unit and supported by major crime detectives. | The Four Corners footage has been referred to the NT police commissioner, Reece Kershaw, who has set up a special task force, led by the specific reference unit and supported by major crime detectives. |
| Kershaw says a review of police investigations involving the youths involved in the 2014 tear gassing will reach as far back as 2010: “We will be relying and working with corrections to ensure that all the footage and all the images are obtained so that our investigators can review it thoroughly.” | Kershaw says a review of police investigations involving the youths involved in the 2014 tear gassing will reach as far back as 2010: “We will be relying and working with corrections to ensure that all the footage and all the images are obtained so that our investigators can review it thoroughly.” |
| Updated | Updated |
| at 3.34am BST | at 3.34am BST |
| 3.09am BST | 3.09am BST |
| 03:09 | 03:09 |
| Adam Giles, NT chief minister, takes over corrections portfolio | Adam Giles, NT chief minister, takes over corrections portfolio |
| Adam Giles, the NT chief minister, confirms a full investigation will be undertaken over the “horrific” revelations of Four Corners’ investigation last night. | Adam Giles, the NT chief minister, confirms a full investigation will be undertaken over the “horrific” revelations of Four Corners’ investigation last night. |
| He has acknowledged a “culture of cover-up” within the system. | He has acknowledged a “culture of cover-up” within the system. |
| The royal commission confirmed by the PM earlier today will be jointly managed and funded by federal and state authorities. A final report will be published early next year, after an interim report is due in September. | The royal commission confirmed by the PM earlier today will be jointly managed and funded by federal and state authorities. A final report will be published early next year, after an interim report is due in September. |
| The NT government will also build a new detention facility, planning for which will begin immediately. | The NT government will also build a new detention facility, planning for which will begin immediately. |
| Updated | Updated |
| at 3.22am BST | at 3.22am BST |
| 3.02am BST | 3.02am BST |
| 03:02 | 03:02 |
| 3.00am BST | 3.00am BST |
| 03:00 | 03:00 |
| The solicitor representing Dylan Voller, the teenager photographed strapped to a chair on Four Corners, has expanded on his suit against the NT government. | The solicitor representing Dylan Voller, the teenager photographed strapped to a chair on Four Corners, has expanded on his suit against the NT government. |
| Peter O’Brien is representing Voller and Jake Roper, 16, against the NT government “for assault, battery and false imprisonment arising from their treatment within the NT youth detention system”. | Peter O’Brien is representing Voller and Jake Roper, 16, against the NT government “for assault, battery and false imprisonment arising from their treatment within the NT youth detention system”. |
| Voller is currently in “a form of segregated imprisonment” in an adult prison. | Voller is currently in “a form of segregated imprisonment” in an adult prison. |
| “He must be released immediately,” O’Brien says. “The impact of these years of brutalisation must be immediately measured and he needs immediate assistance.” | “He must be released immediately,” O’Brien says. “The impact of these years of brutalisation must be immediately measured and he needs immediate assistance.” |
| The territory’s defence is that the state is not vicariously liable for the actions of the guards, he says. “That is their defence, a matter we dispute, and to be determined by the court.” | The territory’s defence is that the state is not vicariously liable for the actions of the guards, he says. “That is their defence, a matter we dispute, and to be determined by the court.” |
| Updated | Updated |
| at 3.22am BST | at 3.22am BST |