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| Teargassed Don Dale detainees would have been 'scared for their lives', court told | Teargassed Don Dale detainees would have been 'scared for their lives', court told |
| (35 minutes later) | |
| Teenagers from Darwin’s Don Dale detention centre would have been “scared for their lives” when they were transferred to an adult jail after being teargassed, an adult prisoner has told the court. | Teenagers from Darwin’s Don Dale detention centre would have been “scared for their lives” when they were transferred to an adult jail after being teargassed, an adult prisoner has told the court. |
| The Northern Territory supreme court is hearing a civil case brought by four former juvenile detainees against the NT government. | The Northern Territory supreme court is hearing a civil case brought by four former juvenile detainees against the NT government. |
| They are claiming damages for assault and battery over the use of teargas, handcuffs, spithoods and ankle shackles after a disturbance on 21 August 2014 when a detainee got out of his cell and began causing damage. They are also claiming for the subsequent transfer to an adult prison and the treatment they received there. | They are claiming damages for assault and battery over the use of teargas, handcuffs, spithoods and ankle shackles after a disturbance on 21 August 2014 when a detainee got out of his cell and began causing damage. They are also claiming for the subsequent transfer to an adult prison and the treatment they received there. |
| The NT government has conceded the use of spithoods and ankle shackles was “excessive under the circumstances” but is defending the other claims. | The NT government has conceded the use of spithoods and ankle shackles was “excessive under the circumstances” but is defending the other claims. |
| On Wednesday three adult prisoners gave evidence about how the four juvenile detainees were moved around inside the adult prison at Berrimah, before they were transferred to the maximum security adult facility at Holtze. | On Wednesday three adult prisoners gave evidence about how the four juvenile detainees were moved around inside the adult prison at Berrimah, before they were transferred to the maximum security adult facility at Holtze. |
| One, Ronald Kelly, said when the group was brought through he yelled out to one boy he recognised to ask if he was all right. | One, Ronald Kelly, said when the group was brought through he yelled out to one boy he recognised to ask if he was all right. |
| “They’re still juveniles but they’re in a man’s prison where they didn’t know what’s going to happen to them,” Kelly said. “They would have been scared for their lives.” | “They’re still juveniles but they’re in a man’s prison where they didn’t know what’s going to happen to them,” Kelly said. “They would have been scared for their lives.” |
| The plaintiffs have alleged that during transfers they were not just covered in spithoods and shackled but also handcuffed behind their backs and forcibly bent forward while they were led through the prison yard. | The plaintiffs have alleged that during transfers they were not just covered in spithoods and shackled but also handcuffed behind their backs and forcibly bent forward while they were led through the prison yard. |
| Inmates Eric Robertson and Ronald Kelly said they saw the boys with their hands cuffed behind their backs while being moved on the 22 August. | Inmates Eric Robertson and Ronald Kelly said they saw the boys with their hands cuffed behind their backs while being moved on the 22 August. |
| Kelly demonstrated to the court how he saw the boys being “dragged through” the yard and said guards had their hands on the back of the young detainees’ heads, pushing them down as they walked. | Kelly demonstrated to the court how he saw the boys being “dragged through” the yard and said guards had their hands on the back of the young detainees’ heads, pushing them down as they walked. |
| One plaintiff alleged on Tuesday it happened on at least two dates but his account appeared to be disputed by footage shown to the court of the second. | One plaintiff alleged on Tuesday it happened on at least two dates but his account appeared to be disputed by footage shown to the court of the second. |
| In the footage, filmed by corrections staff on 24 August when the boys were transferred to Holtze, the boys are placed in spithoods, shackles and handcuffed at the front of their bodies. They are walking upright. | In the footage, filmed by corrections staff on 24 August when the boys were transferred to Holtze, the boys are placed in spithoods, shackles and handcuffed at the front of their bodies. They are walking upright. |
| Kelly was shown the footage and the lawyer acting for the NT government, Trevor Moses, suggested to Kelly that this showed the same manner of treatment as he said he witnessed two days earlier. | |
| “No, that wasn’t rough like it was before, with their heads down,” he said. | “No, that wasn’t rough like it was before, with their heads down,” he said. |
| Moses suggested it was, in fact, the same. | Moses suggested it was, in fact, the same. |
| “No, it was worse,” Kelly said. “It was [different], what I saw. They were getting forced ... It’s still wrong what they’ve done, leg shackles on young fellas.” | “No, it was worse,” Kelly said. “It was [different], what I saw. They were getting forced ... It’s still wrong what they’ve done, leg shackles on young fellas.” |
| Kelly’s evidence was contradicted by Graham Cowan, also a current inmate. | Kelly’s evidence was contradicted by Graham Cowan, also a current inmate. |
| Cowan was also shown the video and said there was “not really” any difference between the video of 24 August and what he saw two days earlier. | Cowan was also shown the video and said there was “not really” any difference between the video of 24 August and what he saw two days earlier. |
| The plaintiffs’ case was completed on Wednesday morning and the NT government’s lawyers called James Sizeland, the deputy superintendent of Don Dale at the time of the incident, to give evidence in the afternoon. | The plaintiffs’ case was completed on Wednesday morning and the NT government’s lawyers called James Sizeland, the deputy superintendent of Don Dale at the time of the incident, to give evidence in the afternoon. |
| The plaintiffs are alleging the use of teargas, restraints and spithoods was unauthorised, unreasonable and unnecessary, and that the teargas may have constituted a breach of the Weapons Control Act. | The plaintiffs are alleging the use of teargas, restraints and spithoods was unauthorised, unreasonable and unnecessary, and that the teargas may have constituted a breach of the Weapons Control Act. |
| The NT government’s lawyers have indicated they would be arguing the use was, in fact, authorised and that it was also self-defence on the part of the authorities, based on the volatile situation and the known history of the “difficult and sometimes dangerous detainees”. | The NT government’s lawyers have indicated they would be arguing the use was, in fact, authorised and that it was also self-defence on the part of the authorities, based on the volatile situation and the known history of the “difficult and sometimes dangerous detainees”. |
| Tuesday heard from three of the four defendants, including one who said he felt he was being “unfairly punished” for the actions of others, and alleged he was denied a Panadol for a headache after the teargassing and was hung up on by a guard when he told the guard he wanted to harm himself. | Tuesday heard from three of the four defendants, including one who said he felt he was being “unfairly punished” for the actions of others, and alleged he was denied a Panadol for a headache after the teargassing and was hung up on by a guard when he told the guard he wanted to harm himself. |
| The detainee told the court he fashioned a noose out of a pillow slip while he was inside the adult cell. | The detainee told the court he fashioned a noose out of a pillow slip while he was inside the adult cell. |
| Another, who had no involvement in the disturbance other than being in that wing at the time and subjected to the guards’ response, said he was not a spitter and felt “ashamed and abused” when put in a spithood. | Another, who had no involvement in the disturbance other than being in that wing at the time and subjected to the guards’ response, said he was not a spitter and felt “ashamed and abused” when put in a spithood. |