Lawsuit claims teens forced to 'fight' for guards' 'entertainment' at Darwin's Don Dale detention centre
A former youth detainee who claims he was forced to "fight other children" for the guards' "entertainment" and spend hours cutting grass with scissors is suing the Northern Territory government for negligence, assault and false imprisonment.
In a statement of claim filed with the NT Supreme Court, the man — who cannot be named for legal reasons — said he was detained at
The man, now aged in his 30s, alleges he was repeatedly assaulted by guards while in custody, including having his head "slammed" against a door and his arms pushed behind his back "causing both shoulders to dislocate".
"The plaintiff was required to perform gardening duties in the grounds of Don Dale … on more than five occasions the plaintiff was directed by [two guards] to use scissors to cut the grass by hand," the court documents read.
The man claims he was made to cut the grass at the notorious facility using a pair of scissors as a form of "punishment".
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ABC News: Tristan Hooft
)
"The plaintiff believes that the direction to cut grass with scissors may have been a punishment.
"It is alleged that this constitutes physical abuse as the action was intended to inflict discomfort on the plaintiff."
'Racial vilification'
The man also claims he was disrespected "on various occasions" by another guard who told him that "he was a worthless human, had no life, should be killed and that he will be in prison for 15 years".
"On about five occasions in or about 2010 or 2011 youth workers told the plaintiff he should fight other children for their entertainment," the statement of claim reads.
"On a further three to five occasions, when the plaintiff stated he could not go to school after receiving treatment for rheumatic fever, youth workers said they did not believe him and placed the plaintiff in the BMU [behavioural management unit] cells from 9am to 3.30pm without lawful authority."
The NT government's defence says the former detainee was "using foul language towards staff", "back chatting" and "play fighting".
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ABC News: Tiffany Parker
)
The man claims the guards' actions "constitute racial vilification" as they "could incite hatred, serious contempt, revulsion and/or severe ridicule of the plaintiff on the grounds that he was an Aboriginal child".
He says the post-traumatic stress disorder he acquired from his time in Don Dale affected his education and employment prospects, and he is seeking more than a decade's lost earnings as a result.
Government alleges teen was 'back chatting', 'play fighting'
In its defence filed with the court, the NT government broadly denied the claims and refuted the specific allegations of mistreatment.
Photo shows
The exterior of the Don Dale Youth Detention Centre, with barbed wire in the foreground.
Four former detainees who were tear gassed in 2014 at Darwin's notorious Don Dale Youth Justice Centre have had their $1 million payout slashed.
Instead, it said the detainee used "foul language" towards guards and back chatted after receiving directions.
The defence alleges it was the plaintiff who assaulted other youth detainees and had "to be reminded on several occasions to cease play fighting", and claims he was placed in the BMU "in consequence of [his own] behaviour".
"At all material times, officers were acting in good faith in the exercise or purported exercise of a power, or the performance or purported performance of a function, under the [Youth Justice Act]," it reads.
The case is due to return to court on May 9 for an administrative hearing.
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Aboriginal and Torres Strait Islander readers are advised this article contains the name and image of a person who has died. More than three years ago, the family of an 18-year-old Indigenous teenager made a Facebook group titled 'Justice for Taj Hart' after he was brutally murdered in broad daylight. On June 6, his relatives and friends wore t-shirts emblazoned with the same slogan as they packed out a Wollongong courtroom, where his killers Katie Walmlsey and her son Jayden Walmsley-Hume were sentenced to decades in jail. "I hope they rot in hell," Mr Hart's grandmother Glenda Hart said, relieved with the judge's sentence. Walmsley-Hume, 21, fidgeted throughout the hearing and received a jail-term of 23 years and six months, while Walmsley, 41, sat stone-faced and received a jail-term of 21 years and six months. Justice Robertson Wright described the murder as a "cowardly and cold-blooded attack" that "brutally cut short" Mr Hart's life. The court heard Mr Hart was walking along Old Southern Road in South Nowra to meet up with a friend on February 24, 2022, when Walmsley-Hume swerved his ute seven metres off the road to hit him. Walmsley, sitting in the passenger seat, was heard declaring to her son "we got him good" after the grill smashed Mr Hart's torso from behind, causing his body to bend over the bonnet. "They did not stop, they did not call an ambulance," Justice Wright said. A woman who was picking her daughter up at the nearby school rushed to Mr Hart's aid, pulling an identification card out of his bag so she could call him by his name in his final moments. Severely injured, Mr Hart was taken to Shoalhaven Hospital, but he could not be saved. Walmsley and Walmsley-Hume were arrested at a Sydney motel on April 7, 2022 after they fled the Shoalhaven. Justice Wright said there had been "growing animosity" between Mr Hart's friend group and Walmsley-Hume in the months leading up to the hit-and-run. 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The offenders had pleaded not guilty to murder, but were found guilty by a jury following a four-week Supreme Court trial. Justice Wright extended the court's sympathy to Mr Hart's family and friends, describing the teenager as a "loving son and grandson" with a "bright future". "His family feels as if their lives have been shattered," the judge said. "It's important to acknowledge that the death of Mr Hart was a personal and human tragedy." The judge factored Walmsley-Hume's difficult upbringing into his sentence, including him being introduced to cannabis at age 9, meth at 12, and heroin by his father at 13. He continued to use drugs until his arrest and had also been punished in custody for possessing illicit substances and weapons. The court accepted he had expressed remorse and attempted to seek assistance for his drug addiction. The judge took into account Walmsley's depressive disorder, epilepsy, and cannabis use disorder, with the court hearing she struggled with heavy drinking after the deaths of several family members. He could not accept she had shown any remorse. Walmsley-Hume will become eligible for release in April 2038, while his mother will become eligible the year prior. Mr Hart's family smiled and held hands as the sentence was handed down. Aboriginal and Torres Strait Islander readers are advised this article contains the name and image of a person who has died. More than three years ago, the family of an 18-year-old Indigenous teenager made a Facebook group titled 'Justice for Taj Hart' after he was brutally murdered in broad daylight. On June 6, his relatives and friends wore t-shirts emblazoned with the same slogan as they packed out a Wollongong courtroom, where his killers Katie Walmlsey and her son Jayden Walmsley-Hume were sentenced to decades in jail. "I hope they rot in hell," Mr Hart's grandmother Glenda Hart said, relieved with the judge's sentence. Walmsley-Hume, 21, fidgeted throughout the hearing and received a jail-term of 23 years and six months, while Walmsley, 41, sat stone-faced and received a jail-term of 21 years and six months. Justice Robertson Wright described the murder as a "cowardly and cold-blooded attack" that "brutally cut short" Mr Hart's life. The court heard Mr Hart was walking along Old Southern Road in South Nowra to meet up with a friend on February 24, 2022, when Walmsley-Hume swerved his ute seven metres off the road to hit him. Walmsley, sitting in the passenger seat, was heard declaring to her son "we got him good" after the grill smashed Mr Hart's torso from behind, causing his body to bend over the bonnet. "They did not stop, they did not call an ambulance," Justice Wright said. A woman who was picking her daughter up at the nearby school rushed to Mr Hart's aid, pulling an identification card out of his bag so she could call him by his name in his final moments. Severely injured, Mr Hart was taken to Shoalhaven Hospital, but he could not be saved. Walmsley and Walmsley-Hume were arrested at a Sydney motel on April 7, 2022 after they fled the Shoalhaven. Justice Wright said there had been "growing animosity" between Mr Hart's friend group and Walmsley-Hume in the months leading up to the hit-and-run. There were a number of fights, one at a park and another at a PCYC, in which Walmsley-Hume "came off second best". In January 2022, Walmsley-Hume attempted to stab Mr Hart after he ambushed him at his grandmother's house. Walmsley-Hume was left with a broken elbow after Mr Hart hit him with a pole in self-defence. Walmsley-Hume said "you're dead" before he left the scene. The judge said this threat was of particular significance given the offender "saw an opportunity to act on the desire" to have Mr Hart gone the following month. Justice Wright said Walmsley had participated in some of the feuds involving her son. "Both mother and son were on the lookout for an opportunity to enact the revenge they wanted," the judge said. Walmsley participated in Mr Hart's murder by hanging out the window of the ute to locate him, failing to stop and render aid, and telling her son "we got him good". The offenders had pleaded not guilty to murder, but were found guilty by a jury following a four-week Supreme Court trial. Justice Wright extended the court's sympathy to Mr Hart's family and friends, describing the teenager as a "loving son and grandson" with a "bright future". "His family feels as if their lives have been shattered," the judge said. "It's important to acknowledge that the death of Mr Hart was a personal and human tragedy." The judge factored Walmsley-Hume's difficult upbringing into his sentence, including him being introduced to cannabis at age 9, meth at 12, and heroin by his father at 13. He continued to use drugs until his arrest and had also been punished in custody for possessing illicit substances and weapons. The court accepted he had expressed remorse and attempted to seek assistance for his drug addiction. The judge took into account Walmsley's depressive disorder, epilepsy, and cannabis use disorder, with the court hearing she struggled with heavy drinking after the deaths of several family members. He could not accept she had shown any remorse. Walmsley-Hume will become eligible for release in April 2038, while his mother will become eligible the year prior. Mr Hart's family smiled and held hands as the sentence was handed down. Aboriginal and Torres Strait Islander readers are advised this article contains the name and image of a person who has died. More than three years ago, the family of an 18-year-old Indigenous teenager made a Facebook group titled 'Justice for Taj Hart' after he was brutally murdered in broad daylight. On June 6, his relatives and friends wore t-shirts emblazoned with the same slogan as they packed out a Wollongong courtroom, where his killers Katie Walmlsey and her son Jayden Walmsley-Hume were sentenced to decades in jail. "I hope they rot in hell," Mr Hart's grandmother Glenda Hart said, relieved with the judge's sentence. Walmsley-Hume, 21, fidgeted throughout the hearing and received a jail-term of 23 years and six months, while Walmsley, 41, sat stone-faced and received a jail-term of 21 years and six months. Justice Robertson Wright described the murder as a "cowardly and cold-blooded attack" that "brutally cut short" Mr Hart's life. The court heard Mr Hart was walking along Old Southern Road in South Nowra to meet up with a friend on February 24, 2022, when Walmsley-Hume swerved his ute seven metres off the road to hit him. Walmsley, sitting in the passenger seat, was heard declaring to her son "we got him good" after the grill smashed Mr Hart's torso from behind, causing his body to bend over the bonnet. "They did not stop, they did not call an ambulance," Justice Wright said. A woman who was picking her daughter up at the nearby school rushed to Mr Hart's aid, pulling an identification card out of his bag so she could call him by his name in his final moments. Severely injured, Mr Hart was taken to Shoalhaven Hospital, but he could not be saved. Walmsley and Walmsley-Hume were arrested at a Sydney motel on April 7, 2022 after they fled the Shoalhaven. Justice Wright said there had been "growing animosity" between Mr Hart's friend group and Walmsley-Hume in the months leading up to the hit-and-run. There were a number of fights, one at a park and another at a PCYC, in which Walmsley-Hume "came off second best". In January 2022, Walmsley-Hume attempted to stab Mr Hart after he ambushed him at his grandmother's house. Walmsley-Hume was left with a broken elbow after Mr Hart hit him with a pole in self-defence. Walmsley-Hume said "you're dead" before he left the scene. The judge said this threat was of particular significance given the offender "saw an opportunity to act on the desire" to have Mr Hart gone the following month. Justice Wright said Walmsley had participated in some of the feuds involving her son. "Both mother and son were on the lookout for an opportunity to enact the revenge they wanted," the judge said. Walmsley participated in Mr Hart's murder by hanging out the window of the ute to locate him, failing to stop and render aid, and telling her son "we got him good". The offenders had pleaded not guilty to murder, but were found guilty by a jury following a four-week Supreme Court trial. Justice Wright extended the court's sympathy to Mr Hart's family and friends, describing the teenager as a "loving son and grandson" with a "bright future". "His family feels as if their lives have been shattered," the judge said. "It's important to acknowledge that the death of Mr Hart was a personal and human tragedy." The judge factored Walmsley-Hume's difficult upbringing into his sentence, including him being introduced to cannabis at age 9, meth at 12, and heroin by his father at 13. He continued to use drugs until his arrest and had also been punished in custody for possessing illicit substances and weapons. The court accepted he had expressed remorse and attempted to seek assistance for his drug addiction. The judge took into account Walmsley's depressive disorder, epilepsy, and cannabis use disorder, with the court hearing she struggled with heavy drinking after the deaths of several family members. He could not accept she had shown any remorse. Walmsley-Hume will become eligible for release in April 2038, while his mother will become eligible the year prior. Mr Hart's family smiled and held hands as the sentence was handed down. Aboriginal and Torres Strait Islander readers are advised this article contains the name and image of a person who has died. More than three years ago, the family of an 18-year-old Indigenous teenager made a Facebook group titled 'Justice for Taj Hart' after he was brutally murdered in broad daylight. On June 6, his relatives and friends wore t-shirts emblazoned with the same slogan as they packed out a Wollongong courtroom, where his killers Katie Walmlsey and her son Jayden Walmsley-Hume were sentenced to decades in jail. "I hope they rot in hell," Mr Hart's grandmother Glenda Hart said, relieved with the judge's sentence. Walmsley-Hume, 21, fidgeted throughout the hearing and received a jail-term of 23 years and six months, while Walmsley, 41, sat stone-faced and received a jail-term of 21 years and six months. Justice Robertson Wright described the murder as a "cowardly and cold-blooded attack" that "brutally cut short" Mr Hart's life. The court heard Mr Hart was walking along Old Southern Road in South Nowra to meet up with a friend on February 24, 2022, when Walmsley-Hume swerved his ute seven metres off the road to hit him. Walmsley, sitting in the passenger seat, was heard declaring to her son "we got him good" after the grill smashed Mr Hart's torso from behind, causing his body to bend over the bonnet. "They did not stop, they did not call an ambulance," Justice Wright said. A woman who was picking her daughter up at the nearby school rushed to Mr Hart's aid, pulling an identification card out of his bag so she could call him by his name in his final moments. Severely injured, Mr Hart was taken to Shoalhaven Hospital, but he could not be saved. Walmsley and Walmsley-Hume were arrested at a Sydney motel on April 7, 2022 after they fled the Shoalhaven. Justice Wright said there had been "growing animosity" between Mr Hart's friend group and Walmsley-Hume in the months leading up to the hit-and-run. There were a number of fights, one at a park and another at a PCYC, in which Walmsley-Hume "came off second best". In January 2022, Walmsley-Hume attempted to stab Mr Hart after he ambushed him at his grandmother's house. Walmsley-Hume was left with a broken elbow after Mr Hart hit him with a pole in self-defence. Walmsley-Hume said "you're dead" before he left the scene. The judge said this threat was of particular significance given the offender "saw an opportunity to act on the desire" to have Mr Hart gone the following month. Justice Wright said Walmsley had participated in some of the feuds involving her son. "Both mother and son were on the lookout for an opportunity to enact the revenge they wanted," the judge said. Walmsley participated in Mr Hart's murder by hanging out the window of the ute to locate him, failing to stop and render aid, and telling her son "we got him good". The offenders had pleaded not guilty to murder, but were found guilty by a jury following a four-week Supreme Court trial. Justice Wright extended the court's sympathy to Mr Hart's family and friends, describing the teenager as a "loving son and grandson" with a "bright future". "His family feels as if their lives have been shattered," the judge said. "It's important to acknowledge that the death of Mr Hart was a personal and human tragedy." The judge factored Walmsley-Hume's difficult upbringing into his sentence, including him being introduced to cannabis at age 9, meth at 12, and heroin by his father at 13. He continued to use drugs until his arrest and had also been punished in custody for possessing illicit substances and weapons. The court accepted he had expressed remorse and attempted to seek assistance for his drug addiction. The judge took into account Walmsley's depressive disorder, epilepsy, and cannabis use disorder, with the court hearing she struggled with heavy drinking after the deaths of several family members. He could not accept she had shown any remorse. Walmsley-Hume will become eligible for release in April 2038, while his mother will become eligible the year prior. Mr Hart's family smiled and held hands as the sentence was handed down.
West Australian
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- West Australian
Call for death-in-custody officers to be stood down
The family of a young Aboriginal man who died in police custody wants the two officers involved to be stood down now a criminal investigation is under way. The call comes as rallies continue across the country in a national week of action to demand justice for Kumanjayi White and an independent inquiry into his death. Mr White, who was mentally disabled, died on May 27, soon after being forcibly restrained by two plain-clothes police officers in a supermarket in Alice Springs. Police allege the 24-year-old, originally from the outback community of Yuendumu, was shoplifting and had assaulted a security guard who confronted him in the confectionery aisle. NT Police on Friday confirmed to AAP the officers have not been stood down. The force and NT Chief Minister Lia Finocchiaro have strongly rejected calls for an external investigation, saying police are the right authority to carry it out, coupled with a coronial inquiry. The family of Mr White said they were angry calls for an independent investigation had been rejected and police alone would determine whether any criminality was involved in his death. "Now that a criminal investigation is under way, the family call on the NT police officers involved to be stood down immediately," they said in a statement on Friday. "This should be an obvious action in any criminal inquiry. Stand down now!" The family backed a call by the Central Land Council, representing Indigenous people in the NT's dry centre, for Canberra to withhold funds from the NT government until it agreed to an independent body to examine police misconduct. NT Police has said its investigation would abide by strict protocols with full transparency and be independently reviewed by the coroner. "We ask the community to allow the investigation to take its course," Acting Commissioner Martin Dole said in a statement. "We are committed to a full and fair examination of the facts." Federal Indigenous Australians Minister Malarndirri McCarthy has said an independent death in custody probe might be warranted "in the interest of having some separation". The Yuendumu community also lost 19-year-old Kumanjayi Walker in 2019 when he was fatally shot by then NT police officer Zachary Rolfe during a bungled arrest. Mr Rolfe was found not guilty of all charges over the death in 2022. The Kumanjayi Walker coronial findings have been postponed until July 7 after Kumanjayi White's death in custody. Rallies to protest Mr White's death in custody and urge an independent inquiry were planned for Melbourne, Alice Springs and Cairns on Friday and Sydney, Brisbane, Wollongong and Adelaide on Saturday. 13YARN 13 92 76 Lifeline 13 11 14 beyondblue 1300 22 4636
