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| Don Dale: teargas was 'small price to pay' for ending riot, former official says | |
| (about 4 hours later) | |
| The former Northern Territory corrections commissioner has described the teargassing of six juvenile detainees as “a few moments of discomfort” which were a “small price to pay” to end a disturbance involving one detainee outside his cell. | |
| It followed testimony from a senior officer who conceded detainees were not given the required treatment after they were teargassed by guards. | It followed testimony from a senior officer who conceded detainees were not given the required treatment after they were teargassed by guards. |
| The former commissioner, Ken Middlebrook, was giving evidence on Thursday in a civil case brought against the NT government by four of the detainees. | The former commissioner, Ken Middlebrook, was giving evidence on Thursday in a civil case brought against the NT government by four of the detainees. |
| Middlebrook, who resigned last year, has almost 40 years experience in the corrections system, largely in NSW, but told the court he had no training or experience in juvenile justice. | |
| The plaintiffs are suing for alleged assault and battery when guards from the adult prison and youth justice officers responded to a disturbance at the centre on 21 August 2014 when a juvenile detainee got out of his cell and caused damage, and two others caused damage while locked inside their cells. | The plaintiffs are suing for alleged assault and battery when guards from the adult prison and youth justice officers responded to a disturbance at the centre on 21 August 2014 when a juvenile detainee got out of his cell and caused damage, and two others caused damage while locked inside their cells. |
| Guards deployed teargas, handcuffed, shackled and spithooded the youths, and transferred them to an adult prison, where they claim some received inadequate medical care and further mistreatment. | Guards deployed teargas, handcuffed, shackled and spithooded the youths, and transferred them to an adult prison, where they claim some received inadequate medical care and further mistreatment. |
| All six held in the isolated behavioural management unit (BMU) at the time were affected by teargas for up to eight minutes. The incident, which has been the subject of numerous inquiries, formed part of a Four Corners episode which prompted the royal commission into child protection and detention in the NT. | All six held in the isolated behavioural management unit (BMU) at the time were affected by teargas for up to eight minutes. The incident, which has been the subject of numerous inquiries, formed part of a Four Corners episode which prompted the royal commission into child protection and detention in the NT. |
| On Thursday, Middlebrook said he was aware the use of gas would affect detainees not involved, and who were still locked up, but “a few moments of discomfort was a small price to pay for getting these guys under control”. | |
| “The only option I had, I felt at the time, was to use chemical agents,” he said. | |
| Middlebrook approved the use of gas, on recommendation from a deputy superintendent, and trusted that the guards were trained in using the correct amount safely, and that the dispersal device did not contain a lethal amount. | |
| He said preparations were also in place to get the detainees out quickly and decontaminate them, and there were no injuries. | |
| He said he walked through the gassed area about 10-12 minutes later and was unaffected. | |
| Responding to comments he made on the night, captured on camera, saying “I don’t care how much gas you use”, Middlebrook conceded it “seems like a very callous statement”. | |
| He said he was talking to the dog handler at the time, not the officers with the teargas. | |
| Middlebrook had earlier told the court he believed he “didn’t have a lot of time” to bring a disturbance at the Don Dale juvenile detention centre to a close before detainees potentially rendered the facility inoperable. | |
| He told the court he received a call from the superintendent on the night informing him that a detainee had got out of his cell and was smashing windows and “throwing rubbish and missiles and stuff”. | |
| Middlebrook said the superintendent, Russell Caldwell, told him: “I don’t think it’s going to end any time soon.” | Middlebrook said the superintendent, Russell Caldwell, told him: “I don’t think it’s going to end any time soon.” |
| Middlebrook requested the immediate action team and a dog handler attend before he arrived. | Middlebrook requested the immediate action team and a dog handler attend before he arrived. |
| He told the court when he arrived he could hear detainees in another maximum security section of the facility kicking and banging doors and yelling out, and he feared they had been incited by the disturbance in the BMU. | He told the court when he arrived he could hear detainees in another maximum security section of the facility kicking and banging doors and yelling out, and he feared they had been incited by the disturbance in the BMU. |
| His major concern was that the maximum security section would see an escalation and a fire could break out. | His major concern was that the maximum security section would see an escalation and a fire could break out. |
| “When I walked through … I realised I had to bring the situation to a close quickly and I didn’t have a lot of time,” Middlebrook said. | “When I walked through … I realised I had to bring the situation to a close quickly and I didn’t have a lot of time,” Middlebrook said. |
| He was concerned given the state of the old building that detainees could render it inoperable, and that his department and staff were already under pressure trying to run concurrent adult facilities – at Berrimah and the new jail at Holtze – with no extra staff, because the transfer process had been delayed by months. | He was concerned given the state of the old building that detainees could render it inoperable, and that his department and staff were already under pressure trying to run concurrent adult facilities – at Berrimah and the new jail at Holtze – with no extra staff, because the transfer process had been delayed by months. |
| “I didn’t have a backup, a plan B, to shift 30 detainees and house them,” he said. | “I didn’t have a backup, a plan B, to shift 30 detainees and house them,” he said. |
| Middlebrook later told the court there had been an ongoing lack of investment in youth justice by successive governments, creating issues which had been “festering for a long time”. | |
| He said the department had “failed in not providing training] to youth justice officers” at that time. Training requirements have since increased. | |
| Middlebrook also confirmed reports that the youth who got out of his cell was able to do so because a youth justice officer had failed to lock the door. The detainee was able to smash through a mesh hatch and open it from the inside. | Middlebrook also confirmed reports that the youth who got out of his cell was able to do so because a youth justice officer had failed to lock the door. The detainee was able to smash through a mesh hatch and open it from the inside. |
| Earlier the court heard the continued questioning of deputy superintendent James Sizeland, who was in charge of day-to-day operations on the day of the disturbance. | Earlier the court heard the continued questioning of deputy superintendent James Sizeland, who was in charge of day-to-day operations on the day of the disturbance. |
| On Wednesday it was revealed Sizeland had no experience, training or qualifications to work with youth in the justice system, and that he believed the deployment of teargas in confined spaces was “not an issue”. | On Wednesday it was revealed Sizeland had no experience, training or qualifications to work with youth in the justice system, and that he believed the deployment of teargas in confined spaces was “not an issue”. |
| Sizeland had recommended the use of teargas at Don Dale on the night, but said he gave no thought to the effect of the chemical agent on juveniles. | Sizeland had recommended the use of teargas at Don Dale on the night, but said he gave no thought to the effect of the chemical agent on juveniles. |
| After the teargas was deployed, the youths were brought outside with their hands cuffed behind their backs and were hosed down while lying on the ground. | After the teargas was deployed, the youths were brought outside with their hands cuffed behind their backs and were hosed down while lying on the ground. |
| Sizeland admitted to the court on Thursday that no other decontamination requirements were carried out, including the removal of affected clothing, washing skin with soap, or being directed to cough, spit and gargle with water to relieve the effects. | Sizeland admitted to the court on Thursday that no other decontamination requirements were carried out, including the removal of affected clothing, washing skin with soap, or being directed to cough, spit and gargle with water to relieve the effects. |
| On Thursday afternoon an IAT officer, Wayne Phillips, told the court just two to four of 14 decontamination steps outlined in a training directive had been carried out. | |
| One of the four was taking the affected persons into open air and Judge Judith Kelly suggested another – getting them to blow their nose – might have been difficult for the detainees with their hands cuffed behind their backs. | |
| The court heard in opening submissions that at least one detainee remained in contaminated clothes for four days, and it was alleged medical appointments lasted just one and two minutes. | The court heard in opening submissions that at least one detainee remained in contaminated clothes for four days, and it was alleged medical appointments lasted just one and two minutes. |
| 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 defendants are claiming the response was authorised, necessary and reasonable, and that guards acted in self defence based on the known history of the boys as “difficult and sometimes dangerous detainees”. | The defendants are claiming the response was authorised, necessary and reasonable, and that guards acted in self defence based on the known history of the boys as “difficult and sometimes dangerous detainees”. |
| Under cross examination Sizeland conceded a portion of his affidavit – which claimed there were reports detailing incidents of assault by two of the boys – were false. | Under cross examination Sizeland conceded a portion of his affidavit – which claimed there were reports detailing incidents of assault by two of the boys – were false. |
| The plantiff’s lawyer criticised the NT government for not discovering some documents until 1.30am yesterday, after she had questioned the youths and they had been dismissed. | The plantiff’s lawyer criticised the NT government for not discovering some documents until 1.30am yesterday, after she had questioned the youths and they had been dismissed. |
| The trial continues in the NT supreme court. Settlement negotiations had been continuing but Guardian Australia understands they are now on hold and the trial is expected to run its full course. |