Don Dale: teenager stripped naked and hooded by six guards, court hears

https://www.theguardian.com/australia-news/2016/oct/04/don-dale-teenager-stripped-naked-and-hooded-by-six-guards-court-hears

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A teenage detainee was stripped naked, handcuffed and had a spit hood placed over his head by six guards at Don Dale Youth Detention Centre to “humiliate and punish” him, a Northern Territory court has heard.

But youth justice officer Luke Ross said the treatment was necessary to protect the boy who he said had threatened to kill himself in the past.

“I admit it caused him some embarrassment, but it’s better I do it that way than have to call his parents and tell them that he has died in custody,” Ross said on Tuesday.

Four boys, who cannot be named for legal reasons, are suing the NT government over their alleged mistreatment including teargassing, arguing it amounts to assault and battery.

Ross, who had no formal training before he began at the centre, said the use of force was necessary to control a dangerous situation after one boy threatened to punch another guard and refused to return to his cell.

The barrister appearing for the teens, Kathleen Foley, told the court the same thing happened the next day in April 2015, but this time the inmate was stripped naked and put in “at risk” clothing to prevent self-harm.

Foley said the boy had never been formally assessed as having mental health concerns, and suggested the guards wanted to punish and shame him.

The NT supreme court heard officers held the boy, who has asthma, face down on the ground for 30 minutes while he struggled to breathe.

Ross argued the plaintiff was known to kick guards when agitated and had broken one man’s ribs in the past.

But he conceded the unarmed teenager had not actually assaulted anyone on that occasion besides spitting and “rushing” one guard.

Foley said the boys were held in an isolation unit at Don Dale for 23 hours per day in unhygienic conditions.

The plaintiffs and two other boys were teargassed in August 2014 after another inmate escaped from his cell.

The guards, dressed in riot gear with attack dogs, then transferred the group to Berrimah adult prison in handcuffs, shackles and spit hoods, the court heard.

While still at the maximum security prison, a guard allegedly grabbed one of the boys by the throat for up to 30 seconds and said “your mother must have been proud of you”.

The detainee was also allegedly told he would be strapped to “the chair” for days.

But another guard, Richard Dunham said on Tuesday the officer only put his palm on the boy’s chest and made no threats.

“There was a heated exchange but I don’t recall what was said,” he said.

Dunham claimed he did not complete an incident report because it “wasn’t anything out of the ordinary to remove a detainee with force”.

Shocking footage of the alleged abuse was aired on national television in August, prompting the prime minister, Malcolm Turnbull, to set up a royal commission into the NT’s youth detention system.

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