Greetings from WA Australia's farther western city!I write with a pang of disheartening news to the ' Just Us' editors, from behind the wire at Acacia Prison.
I wish to bring to your attention a newspaper article [comment] from the West Australian Newspaper on Monday, February 21, 2005, page 2. I have attached a photocopy of this article for your perusal.
West Australian Newspaper
WE HEAR
By IC Monday, February 21, 2005, page 2
The newspaper being produced for prisoners by prisoners has met resistance in WA.
IC [Inside Cover Column] referred to the new publication, Just Us, last year despite the publishers rejecting the column's much better suggestion for a name.
But getting copies of Just Us into WA jails isn't as simple as sending bundles to the prison gate.
"Please be advised that the Department of Justice has received your publication and will not be distributing copies to prisoners in WA prisons,"wrote department spokesman David Harris In an email to the newspaper's editor.
On Friday, Mr Harris said the department was still considering whether to put a copy or two in the prison libraries, but circulating Just Us to prisoners was out of the question.
"If the publishers wish to mail them to individual prisoners that's up to them", he said.
"But we won't be the distribution agents."
I am very concerned that the Department of Justice (DOJ) in Western Australia has chosen to deny prisoners in Western Australia the opportunity of being part of the National and New Zealand prisoners' political voice, and the freedom to express their informed, political opinions.
The DOJ has chosen to not distribute the 'Just Us' newspaper to prisoners in Western Australian prisons.
A direct quote in the article from the department's spokesman, Mr David Harris, says, "But we don't want to be the distribution agents."
I have corresponded to Mr Harris from the DOJ, and I have expressed to him my concern that the DOJ is silencing the voices of Western Australian prisoners through the action the DOJ has chosen to take by not providing prisoners with the continuing distribution of 'Just Us' newspapers.
I highlighted to Mr Harris that I believe that the Constitutional rights of prisoners in Western Australia were being fettered by the action of the DOJ regarding this matter. In particular, I believe that ss 92 and 117 of the Constitution are relevant to my argument.
To this focus, I mirrored the comments of Mr Graeme Orr ('Just Us', December, 2004, p.4) that following a High Court ruling, "...prisoners are entitled to read and share political information", and further, "...we are free to exchange and discuss political information and international affairs."
Mr Harris also comments that, "If the publishers wish to mail them to individual prisoners that's up to them". I would therefore formally ask that the editors of 'Just Us' forward me personally, every edition of 'Just Us'.
I also wish to comment that I am employed in the prisoner library here in Acacia Prison. The only editions of 'Just Us' that have arrived at the library are 'The Australian Prisoners' Election Newspaper' and the December 4, 2004 edition of 'Just Us' that have been published and distributed past December 2004.
Is the Department Of Justice aware of the High Court's decision in Coleman V Power [2004] HCA 39 - 01 September 2004, the decision in Levy V Victoria [1997] 189 CLR 579, and the decision in Watson V Trenerry [1998] 100 AcrimR 408?
Mr Harris, are you personally aware of the decisions in the abovementioned cases?
Does the Department deny that prisoners in Western Australia should be able to read and share political information, and to express their political views and be informed of other prisoners' political views?
The response you provided to the publishers of the 'Just Us' newsletter, in my opinion, was shallow and misinformed.
I note the Department's reasoning for the decision not to distribute the "Just Us' publication, using Policy Directive 21 Provision of Library Services'. However, I believe that it reflects a rigid, arbitrary and inflexible policy by the Department that, in my opinion, is discriminative in nature.
I concede that prisoners in Western Australia are provided with a variety of newspapers, magazines and books through the prison libraries; however, the 'Just Us' publication is unique in that it provides the forum for the political voices and opinions of Western Australian prisoners to be informed Nationally, and in New Zealand.
To my knowledge, I am not aware of any equivalent publication to the 'Just Us' publication, which the Department distributes through the prison libraries to prisoners, that qualifies as meeting the political and informational needs of prisoners.
Is there an equivalent, publication to the 'Just Us' publication that is being provided by the Department Of Justice, can you please inform me of this?
I would respectfully ask that you again peruse my correspondence of 15 March 2005, and respond to my submission regarding the Commonwealth Constitution.
I would also ask that the Department does reconsider its decision to not allow the 'Just Us' publication to be provided to prisoners in Western Australia.
Thank you for our consideration of this matter.
To Justice Action
Pursuant to ss 35 and 36 of the Children's Court of Western Australia Act 1998 (WA) , I am not to be identified through any form of publication or broadcast, as I was a child when I committed my crime.
I do hope that the information I have provided you in this letter is of assistance.
Yours faithfully
By WA Prisoner 3 June 05
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