Prisoner Roger Cheney has lost a Supreme Court action to have a judicial review of his 1993 convictions an 30-year jail sentence.From this story and the AUSTLII records I find the whole thing pretty confusing. There is certainly some indication that he may have been stitched up with a verbal on another sex assault case in Strathfield on 3 May 1991 in which
DNA evidence which suggested his innocence was not weighed sufficiently by the court.Regina v Cheney Matter No CCA 60173/95 [1998] NSWSC 129 (28 April 1998)But Alex Mitchell's story Sun Herald 14/3/04 relates to his conviction for other offences in Coffs Harbour in November/December 1993 (on bail following earlier arrest?) which, didn't seem to rely on police testimony or DNA evidence.
REGINA v CHENEY [1999] NSWCCA 312 (7 October 1999)Cheney asked the court to appoint a judge to review his case, claiming he had been "verballed" by police and "loaded up".But Justice Jeff Shaw said last week there was "no real evidence of police corruption and Cheney, who had a long criminal career, had been convicted on
"powerful circumstantial evidence". [?]The above statement though is in itself a contradiction isn't it? The fact that there was "no real evidence of police corruption" but this man was nevertheless convicted on
allegedly powerful "circumstantial evidence" the stamp in my opinion of
Noble Cause Corruption.It's probably worth noting that Cheney had a previous conviction for rape in Canberra overturned on appeal.The evidence for the original conviction seems to have been a load of crock and most of it should have been rejected by the original trial judge on any number of grounds.
In my humble opinion the prosecution should also have been disciplined for misconduct.
The appeal court rightly tossed the whole thing out. As you would know,
a failed attempt to stitch someone up can often lead to the sort of resentment by police and prosecutors that will lead to subsequent attempts at a stitch up, especially if they think you are really guilty and got off because the case was botched.
Re:
ROGER DAVID CHENEY And: THE QUEEN No. ACT G45 of 1989 FED No. 44 Criminal Law 28 FCR 103 Justice Shaw said, "I am unable to form the requisite unease or sense of disquiet in relation to the conviction."
"Accordingly I decline to direct that an inquiry be conducted."
Two years ago Cheney was stabbed five times by three prisoners at Lithgow Prison.Now 46, Cheney was sentenced to 30 years jail in 1995 for the abduction and rape of two girls aged 8 and 10. His earliest release date is October 21 2012.
He was convicted b a jury of eight at the Coffs Harbour District Court before Judge Frederick Kirkham after harrowing "circumstantial evidence" of how he,
[allegedly], took the two girls from their beds.
In other words whether it was Cheney seems to be the "powerful circumstantial evidence" not whether the girls had been abducted and raped.From his appeals it seems that Cheney might have some problems, though it could also be that the judiciary is really screwing him over in a way that just makes his grounds for appeal seem illogical.
If Alex Mitchell reported Jeff Shaw correctly (he stuffed up a couple of other details, so that's a bit of an assumption. Mitchell should lay off the piss a bit when he's working).
There are indications that Shaw never intended to give Cheney a fair go (Shaw has been known to hit the top shelf before lunchtime too).Former attorney-general sworn in as no mercy judgeIn 1999, the NSW Court of Criminal Appeal dismissed his appeal. An application to have his case heard by the High Court of Australia was rejected.Justice Shaw said he was concerned about the prisoner's claim that DNA evidence held by the police could prove his innocence. Although Cheney had requested the results of the DNA tests, he had been denied access to the forensic analysis.If Mitchell is right, Cheney was 'denied access' to results of DNA tests which never took place. There was no DNA evidence used in the Coffs Harbour case. However, its possible (even likely) that samples were taken which might be tested now for evidence, which could implicate or exculpate him.
Except that the police regularly claim to have destroyed evidence after trial in cases like this and the Innocence Panel (even if it was operating) always take the word of the police and refuse to search for any remnant samples that may have escaped destruction. (And the Division of Analytical Laboratories take no responsibility whatsoever for finding samples, extracts or records from such cases).
There are certainly grounds for thinking that Cheney may have been stitched up in the Strathfield case, but I can't really make much sense of what's going on with the Coffs Harbour case and think its very unlikely that he will be able to access any evidence that might get him a retrial.Weak NSW Government suspends Innocence PanelThe DNA evidence panel is under investigation and the New South Wales Innocence Panel's operations have been suspended and a review of how it works ordered.
ARE YOU INNOCENT?The Australian Law Reform Commission had recommended that the Innocence Panel be independent and have the power to investigate alleged miscarriages of justice.
Litigants are drowning: in the High CourtThere were so many self represented litigants appearing in the High Court that more than half of its registry staff's time was taken up in dealing with them. The "go it alone" litigants have to take on tasks well above their qualified league causing them stress. This growing problem cannot be left unchecked.
Murder charge first for DNA data bank link, but not the same as solving the murderMass DNA testing of prisoners has [allegedly] led to the first NSW case of a person being charged with a previously unsolved murder as a result of a controversial gene-matching data bank.
Prisoners can prove innocence for $20?Les Kennedy Daily Telegraph reported today that" Prisoners who believe that DNA will prove they were wrongly convicted will have the chance to prove their innocence for a mere $20 administration fee. The move comes 20 months after NSW inmates were asked to provide DNA for comparison with a databank of DNA from unsolved crime scenes for possible convictions.
By Just Us 16 March 04Related:NSW Prisoner Hunger Strike: Ivan MilatIt looks like Premier Carr's anti Milat Campaign is working well again, his application to the Judge in chambers to seek an order to be allowed to orally argue his appeal to the High Court was refused.
Brett Collins: Speech to Nagle Symposium 25 years onI was serving 17 years, was in segregation and had served five of the almost ten I eventually did. The prison movement outside had made the Royal Commission aware of the plight I was in as one of the prisoner organisers. That attention meant I was safer from that time on. Although two years later I was returned to Grafton with the classification of intractable.
REPORT CARD ON NSW PRISONSEnding the 'institutionalised bash' now replaced by the institutionalised 'solitary confinement' cave their heads in bash. Former Royal Commissioner Justice John Nagle and Professor Tony Vinson are the keynote speakers at a seminar this week marking 25 years since the landmark Nagle Report into NSW prisons.
Jails the new asylums?QUENTIN DEMPSTER: Asylum seekers -- no, not what you think -- but those who are so disillusioned with the current approach of our mental health system that they believe we should go back to the old ways and rebuild the asylums.
Inside Out Community ForumInside Out Association of NSW Incorporated is a newly formed initiative aiming towards developing genuine educational, rehabilitative, and re-integrative programs and assistance packages for prisoners and others effected by the criminal justice system, [criminal law system.]
Government justice not personal justiceMr Collins said that, " No one is entitled to add to the court sentence to wreak personal vengeance on the offender, this is government justice not personal justice."
Risk Assessment Tools: Justice HealthAs I mentioned at the time, there are indeed a large range of actuarial tools for making such assessments, but a review of the literature shows that their ability to predict dangerousness in any one individual is next to zero (or as the Macarthur Study puts it, "the unaided abilities of mental health professionals to perform this task are modest at best"
Experts: The Prisoner's Dilemma[One] reason we are so-so scientists is that our brains were shaped for fitness [to the peopled environment], not for truth. Sometimes the truth is adaptive, but sometimes it is not. Conflicts of interest are inherent to the human condition, and we are apt to want our version of the truth, rather than the truth itself, to prevail.
Ron Woodham my faithful Commissioner?The Departments have all the senior legal staff, they have the brightest minds in the country and others who are willing to get their hands dirty to get the job done. They have the law and legislation which they can do with as they will, and a budget to blow your minds!
Sentencing: Violent crime and practical outcomesIt's about just deserts, time to stop and reflect, to gain insight into your offending behaviour, to learn more ideas, retribution for the victims, and to set an example for the community.
The Nagle Report 25 years onOn 25 February 2004 the Faculty of Law, University of New South Wales and the Centre for Health Research in Criminal Justice will be co-hosting a seminar to celebrate the Nagle Royal Commission. The seminar will be held in Parliament House, Macquarie Street Sydney, from 5.00pm. Entry will be free, but seating will be limited.
Practicably PerfectDo you remember your first driving lesson? You were to steer as close to the curb when parking 'practicably' not perfectly or practically. Why? Because we are not as perfect as Premier Bob Carr wants to be seen. The degree of our mistakes depends on our experience and reflects on our upbringing and sometimes the lack of it.
Defining JA MentoringMentoring is not a new concept. Justice Action graduated its first class of Mentors in December 2003. A good idea has legs of its own, and so the concept of one-on-one support for vulnerable people finding their way in society is now being taken seriously.
Call for royal commission into NSW prison health systemMr Tony Ross a social justice activist said yesterday that a royal commission into the health system in NSW should be wide reaching to ensure that the Corrections Health Service, [Prisons Health Service], is also exposed because of reported widespread cover ups in the prisons health system.
CONS COMMIT CRIMES IN HASTE, NOW CAN REPENT AT LAWTEY Yes some peasants were out of work, hungry and desperate and had to find a way to feed their families, as they were not born with silver spoons in their mouths, Lord. They just robbed from the rich and gave to poor.
Australian prisoners numbers have increased by 50% over past 10 years In the past 10 years, the prisoner population in Australia increased by nearly 50% from 15,866 in 1993 to 23,555 in 2003, according to figures released today by the Australian Bureau of Statistics (ABS). This increase has exceeded the 15% growth in the Australian adult population in the same period.
NSW Police Association wants sentencing powers?NSW Police Association president Ian Ball said Inspector Borland now feared for his safety because of a 63 year old man being released from prison after doing a quick 18 for manslaughter.
Conditions in the HRMUJustice Action is trying to obtain documents on behalf of prisoners held in the Goulburn High Risk Management Unit (HRMU) from the Federal Attorney General's Department, Corrective Services Minister's Conference regarding the process described below, in which the Standard Guidelines for Corrections in Australia were adopted. This documentation will help explain the justification for the conditions in the HRMU.
Man wrongly imprisoned awarded $1mA Sydney man who was acquitted of murder has won more than $1 million in damages for wrongful arrest and imprisonment. The New South Wales Supreme Court has agreed with Garry Raymond Nye's said that the charge was maliciously laid.
Forensic Hospital at Long BayNSW should reject the government decision to set up a secure forensic hospital at Long Bay - or in any place where it can be influenced by the Department of Corrective Services (DCS) (or probably Corrections Health Service (CHS) for that matter).
NSW leaves nation behind in rate and cost of jailing peopleNSW not only has the most prisoners of any Australian state but also has the most violent prisoners, among the highest rates of recidivism and an increasingly expensive prison system, a Auditor-General's report says.
HRMU Solitary Confinement And Stopping ViolenceI refer to your article on the (HRMU) HIGH RISK MANAGEMENT UNIT AT GOULBURN, TOTAL ABUSE OF POWER:
Database clears up crimes but not used to clear up miscarriages?NSW Police Minister John Watkins said at the launch of a Sydney conference of international forensic experts meeting to mark 100 years of fingerprinting in NSW.
But there are Keys!Charles Dickens said, "Life is a secret and you haven't got the key." "And you never will have."
NSW PRISONS: A TOTAL ABUSE OF POWERWe the inmates, [prisoners], at the High Risk Management Unit at Goulburn Correctional Centre, would like to ask you for help in receiving equal treatment and opportunities as other inmates, [prisoners], throughout the system. As we are told that we are not in a segregation units, [solitary confinement units], but we are treated as though we are in one.
Should Pauline Hanson have gone to gaol in the first place?: Carmen Lawrence For example, the cost of running the NSW prison system is over $530 million each year and rising. In addition, the government spends around $90 million per year on building and maintaining prisons.
WHEN THE PUNISHMENT IS THE CRIME AND PLANTING THE SEEDThe brutality and savagery at Grafton jail that went on for 34 years with people getting their legs and arms broken running the gauntlet through a line of prison guards with batons. Some of those prisoners who were sent to jail for non-violence and punished went on to commit some of the most heinous crimes of the century.
WHY WE SHOULD OPPOSE HOME DETENTIONThe ACT Government has drafted a new Bill to implement Home Detention This very discriminatory type of sentence also punishes the family. It is questionable that it has been successful anywhere it has been tried.
Justice Kirby concerned at self-representationHigh Court judge Michael Kirby says Australia's justice system is weakened by the increasing number of people representing themselves in court. Justice Kirby says he agrees with One Nation founder Pauline Hanson's concerns about the high cost of legal advice.
A veil of secrecy makes justice in jail a different kind from court justiceAlthough Queensland courts mete out justice, that justice ends at the gates of the Queensland prisons system where a bureaucratic and politically expedient doctrine of "out of sight - out of mind" takes control.
Hanson: I no longer support mandatory sentencingOne Nation Party founder Pauline Hanson has revealed she contemplated suicide while serving an 11-week jail term in Brisbane. Miss Hanson told about her time in jail and her future plans.
A Question of InnocenceMinister Chris Ellison: Yes we’re watching the progress of this project in NSW with great interest. This has been raised at the Standing Committee of Attorneys General and a working group is looking at this very question. I think we have to have a considered response to this proposal and on a national basis, we would need to have the cooperation of the states and territories.
Children of Prisoners' Support GroupChildren of Prisoner's welcomes Ann Symonds as our first Patron at this years AGM and screening of "The Space in Between" video , and will have a visual display to demonstrate the invisible population of children effected by parental incarceration.
REMAND PRISONER BAIL REFUSED, THEN SHOT AND KILLED IN CUSTODY A Melbourne court has been told a prisoner was shot dead as he tried to escape from a hospital. The Melbourne Magistrates Court has been told remand prisoner Garry Whyte was receiving treatment at St Vincent's hospital in May last year, when he tried to escape.
NSW Corrections Health Service: ResponsePrisoner: MRRC Long Bay: Corrective Health Services [Prison Health Service] in NSW fares only slightly better than CHS in the US. Force often takes the place of real medical care and custodial staff [guards] in fact must approve all CHS medical decisions.
Solitary Confinement: Our very own AlcatrazSolitary confinement only makes prisoners more violent and inhumane, writes convicted armed robber Bernie Matthews. They were countless. Grafton floggings were routine and didn't require a reason. Everything at Grafton was routine a mindless, never-ending routine of isolation and solitary confinement that was punctuated by a screw's baton, boot or fist. The prison system called it rehabilitation.
The Sentencing (crime of murder) and parole reform act 2003We wish for each and every prisoner to be brought in front of a Judge to have closure on their sentences, a fixed non-parole period on an individual basis, to give these people a chance to be able to rehabilitate and to stop them being used as Political Prisoners.
Prisoners as citizens and duty of careFor a long time now most learned people have been aware of the book Prisoners as Citizens. The Victorian Opposition is outraged at a confidential payout won by a prisoner injured while playing table tennis at the Melbourne Remand Centre because they can't afford the book?
Long Bay: Corrections Health Services in NSW prisonsFirstly, to call the Prison Health Service a Corrections Health Services is the first identified mistake. Nice names don't take the place of the type of service, they only attempt to cover up for a bad service, when the service is out the door....
Home detention for people who make mistakesLEARNERS are getting home detention sentences by the State Government diverting people from the anti-social prison system.
MULTICULTURAL SISTERS INSIDESisters Inside is a community organisation that works with women in prison, pre and post release. We challenge the injustices that impact on women in prison, their children and families.
NSW Terrorist Minister leads the wayNew South Wales is hosting a two-day conference of state and territory prisons ministers on how to detain terrorists [scapegoats for the Coalition of the Killing's resource war's in the Middle East.]
MENTAL ILLNESS AMONG NEW SOUTH WALES PRISONERSAnecdotal evidence from staff working in the New South Wales correctional system [prison system] has always suggested a high prevalence of mental illness among the prisoner population.
Yatala Labour Prison Adelaide Going Backwoods: responseThank you and your team for your support. I have been trying to write you back. However the person has now stopped me from using the computers and education centre and the typewriter has been broken.
On the treatment of prisoners at the NSW HRMUPrisoners sister's letter from her brother: Following our phone conversation some weeks ago I would like to set out a few points on the treatment of prisoners in the High Risk Management Unit at Goulburn (Super Max) (Guantanamo Bay).
Review of Justice Ministers claims about conditions at HRMUMinister for Justice John Hatzistergos stated on 15 July 2003 concerning the prisoners at the High Risk Management Unit at Goulbourn.[Prisoners held in solitary confinement and tortured endlessly in a Supermax Prison at Goulburn.]
Lithgow Prison: This is no Irish joke!Allow me to introduce myself to you my name is John Smith I am writing to you for your help in regards to Corrective Services Jail at Lithgow, I am a prisoner at this centre and I am serving a long sentence. I originally came from Ireland a number of years ago.
Lithgow prisoners speak out about rationsSome new issues have arisen today. A senior officer called me to the office, as they usually do to inform me of all new local orders etc concerning prisoners. The deputy governor has cut back funds for stores. Officers have been told they will issue only the following: One Toilet roll per week per prisoner One Toothbrush per month One plastic disposable spoon, fork, knife per day prisoner exchange only.
NSW PRISON CORRUPTION AT THE HRMUThe High Risk Management Unit at Goulburn [Solitary Confinement Supermax, Torture, Gulag,] alleged to have been the first Australian jail of the 21st century and the most secure in the Southern Hemisphere (it was claimed in an article SMH 14 May 2001).
The Daily Telegraph licensed to set up prisoners?A man who smuggled a mobile phone into a Sydney jail and took pictures of stockbroker Rene Rivkin has been sentenced to 400 hours of community service.
International Prisoners Justice Day 2003Justice Action, Prisoners Action Group and others celebrated this year's IPJD by visiting Silverwater Jail Complex and talking to the visitors as they went in and came out. We handed out copies of the media release and Framed to the visitors (who took them inside!) and showed our support for prisoners and their families, talking through the loud hailer so prisoners inside would be aware of our presence.
Weak NSW Government suspends Innocence PanelThe DNA evidence panel is under investigation and the New South Wales Innocence Panel's operations have been suspended and a review of how it works ordered.
Is Prison Obsolete?Eileen is a senior lecturer in the School of Social Work UNSW where she teaches and researches in the areas of social policy and social development. She has been the chief researcher, and has also collaborated on projects and publications regarding prisons, the criminal justice system and women, public and social housing and indigenous matters. She has recently completed major research on ex-prisoners, accommodation and social reintegration. Eileen has been active in using research to argue for policy change in the NSW criminal justice field for some years.
Escape proof but not so the prisoners mindFewer prisoners escape from prison these days because they're "cemented in" by materials that do not break and by legislation that can keep prisoners in jail until they die. All new prisons are virtually unbreakable. Built out of products like perspex, concrete and steel that have no flexibility and ensure that the prisoners of today take the full brunt of all Department of Corrective Services institutional failures.
Parents on the inside leave children on the edgeThey have been dubbed the forgotten generation - the innocent casualties of their parents' crimes. New research shows that in 2001 14,500 NSW children had a parent in jail. And 60,000 NSW children under 16 have experienced the incarceration of a parent, more than half enduring the trauma of separation before they turn five.
New video to create empathy in violent criminals?Violent offenders in New South Wales prisons will be the audience for a new video put together by the victims of crime group, Enough is Enough, but nothing from the ex-prisoners, support groups, like Justice Action, because they don't rate?
Junee Prison, NSW Parliament and Noble Cause CorruptionI have not been charged with any offence. The first thing I knew was when they (the Intel officer) at Junee had me called to reception. I was then told that I was going to segregation for good order and discipline.
Beyond Bars: Sentencing reformA spokesperson Dr Tim Anderson said, " The law reform commission was too gutless on this a few years back but re-introducing remissions (perhaps under another name) would be a valuable move best wishes".
The Australian Institute of Criminology has released the National Deaths in Custody Program annual report for 2002 Between January and December 2002, there was a total of 69 deaths in custody in Australia. There were 50 deaths in prison custody and 19 deaths in police custody and custody-related police operations.
Yatala Labour Prison Adelaide Going BackwoodsI'm a prisoner in south Australia (Adelaide), Yatala Labour Prison, I'm 39 years old with only two and a half years spent in the community since the age of 13. I came into the adult prison system in 1985; I was released in 1998 only to re-offend. I'm now doing 30 years with a 16-year non-parole period, as it's truth in sentencing in our state and there is no remission. My release date is 2016.
Inspector General of Corrective Services DebateBelow is our response to Justice Minister Hatzistergos' comments in a debate in Parliament on July 2, 2003 regarding the impending decision about the future of the Inspector General of Corrective Services in NSW.
Hatzistergos: The Daily Telegraph's prison matesWho convinced a prisoner on periodic detention to take a mobile phone into prison to take a photo of Rene Rivkin? The prisoner said no and contacted the Daily Terror to say no.
PRISONERS OFFER OF RECONCILIATIONPremier Bob Carr, Deputy Premier Andrew Refshauge, Senator Aden Ridgeway, and other community representatives have been invited to receive the message from the men of "The Hole.
Goulburn Solitary Confinement: Midnight SpecialIf you ever go to Goulburn HRMU yeah, you better walk right, you'd better not breathe and sure thing better not fight. The next thing you know the SCU gonna arrest you and Rotten Ron send you down and you can bet your bottom dollar Lord, you'll be chaingang bound.
Carr defends prison handling of political PRISONERBob Carr should be ashamed of himself after giving the prisons Commissioner Rotten Ron Woodham another filthy job setting up Phuong Ngo as one of the most dangerous prisoners in the State.
How the QLD Dangerous Prisoners Act failed the first testWhat is dangerous? Everyone is dangerous naturally it really depends on how far a person is pushed. Standing on a mountaintop with someone walking you backwoods towards the edge would promote fight or flight and if there is nowhere to fly but over the edge you may choose to respond. When a person breaks the law they lack social skills or are repressed into breaking the law.
Prison rehab programs in 'disarray': OppThe New South Wales Opposition says rehabilitation in the state's prisons is in disarray. But the states prisons could never rehabilitate in the first place. So how can it be in disarray? The space station as it is known cannot rehabilitate because it's only a dot on the community map, as it were, in relation to how people were raised.
RESPONSE TO REVIEW OF INSPECTOR GENERAL OF PRISONSJustice Action calls for the retention of the office of Inspector General and a restructure of the legislation making it truly independent.
Old bureaucrats to say whether they felt there should be an effective inspector of bureaucrats?JA is urgently working on a response to the 31 page review of the position of the Inspector General of Corrective Services position released by the Minister on10/6/03.
High Risk Management Unit (HRMU) INSPECTIONThis letter is to request permission for an independent inspection team to examine the 75-cell HRMU at Goulburn Jail. The proposed inspection team consists of specialist doctors, jurists, members of the Corrections Health Service Consumer Council and prisoners representatives.
MJA - BBCD Outbreaks in NSW prisonsSeems some of our friends in & around Corrections Health Service (CHS) were able to take advantage of a couple of recognised cases of needle sharing by HIV positive prisoners to gather data for a study.
IntractablesAs an ex-Grafton intractable (1971-1975) and the only living ex-prisoner to have served the longest time inside Katingal (1975-1978) I feel qualified to offer the following personal observations:
Intolerable Conditions of Prisoners at Goulburn's HRMUWe wish to with respect, level a serious complaint against the Chief Executive Officer, Corrections Health Services, Dr Richard Matthews.
NSW death in custody, false imprisonment, and assaultKnight's case sparked headlines after it emerged that his suicide in John Moroney Correctional Centre [prison] in Sydney on January 22 occurred 18 days after his official release date.
Victorian (Australia) Juvenile Deaths in Custody & Post-Release has just been published on the British Journal of Medicine Quotes (BJM): "The risk of death was nine times higher in male offenders than in the reference Victorian male population. Although the estimate is unstable because of the small number of deaths, female offenders seemed to be about 40 times more likely to die than the reference Victorian female population."
The Criminal Law (Rehabilitation of Offenders) Act 1986 QldThe Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld), requires that any person who has committed an offence which is less than 10 years old or which resulted in a prison sentence of more than 30 months, must disclose that offence if requested eg. for employment purposes. If a criminal record is disclosed in a job application, it is unlikely that person will be given the job.
NSW Serious Offenders Review CouncilIn response to a letter we have received from Mr K C who has said that he is serving 24 years and 10 months commencing on 29/8/1991 with his earliest release date being 28/6/2016 with 4 years parole and full time 28/6/2020. He said that he contacted the Serious Offenders Review Council in writing but received no response.
Justice Action's complaints about ACM to the NSW Ombudsman fell on deaf ears The Federal Government is reviewing allegations that the company it pays to run Australia's detention centres the same company who runs Junee Jail in NSW has fraudulently reduced staffing levels in at least one centre to increase its profits.
Token Parole Board reforms silent on Govt bungleThe Carr governments token reforms of the Parole Board are minimalist and still fail to explain the election cover-up of mismanagement, which contributed to an inmate's [a prisoners] death.
PAROLE BOARD REWARDED? FOR DEADLY MISTAKEThe Justice Minister has released government reforms to the Parole Board following the death of an aboriginal inmate, which was due to a Parole Board error.
Sentencing innovation breaks vicious circle of jail terms"Three months' jail for one punch in a pub fight is too much," said the victim. The victim's comment counted because he and the offender, Robert Bolt, a Nowra Aborigine, were making history in the first case of circle sentencing, a new way of deciding punishment for indigenous offenders.
Letter from the mother of a prisoner on remand at the High Risk Management Unit Goulburn Correctional Centre I am writing to give you permission to make any inquiries on my behalf as I am invalid pensioner who doesn't drive and been only well enough to travel by train once in 15 months to see my son Scott Simpson. I have enclosed a copy of Scott's letter and also a copy of gaol papers form I have to fill out and wait to see if I'm allowed in to see him. He doesn't get any visits. He is in the Supermax and deprived of any privileges not even legal Aid will fund a solicitor to see him in Goulburn.
WA Jail trade in 'sex for favours'THE West Australian Government has ordered an inquiry into claims guards at Perth's main women's prison are trading favours for sex, and encouraging inmates to form lesbian relationships.
NSW prisons over-crowded. Gov't orders investigation into death in custodyIn January this year, a 23-year-old Aboriginal prisoner was found hanging in his cell in a Sydney jail 18 days after he was due to be released.
Yes Minister: 'Justice Action meets John Hatzistergos Justice Mininster' We have taken a few days to pass this on, as we wanted clarification of the minister's statement about the purposes of imprisonment before publishing it.
Beyond Bars Alliance colleaguesThere are certainly problems with the IG's terms of reference and the position is not nearly as strong as it should or could be but it should not be lost it should be strengthened (along the lines of the UK IG of Prisons) to provide an independent voice to the Parliament regarding activities and processes that otherwise happen behind prison walls.
Submissions for Review of Inspector GeneralThere is a very serious attack happening on the office of the NSW Inspector General of Corrective Services. A secret and flawed review is taking place at this moment, and we call upon all individuals and organisations interested in the area to make their views known.
Two thirds of a billion dollars and DCS can't work out what authority they have? "Two thirds of a billion dollars of taxpayers money and the Department of Corrective Services can't work out what authority they have to hold the people who are in jail."
Australia: Private Prisons, Junee NSWWhen I got to Junee I was given nothing except bed linen. That's it! No clothing. I had to put my name down for clothing, which they said I could get on Saturday. When I went down to get my clothing on Saturday I was told they had nothing but I was told that I could buy what I wanted on their monthly buy-up. In the mean time I got rashes between my legs from the dirty clothes I had on.
Justice Action meets with new Minister for JusticeJohn Hatzistergos Minister for Justice is meeting with Brett Collins and Justice Action today at 11:30 a.m.
ARUNTA PHONE SYSTEM: IDC Lithgow PrisonThe prisoners of Lithgow Correctional Centre have requested that the Lithgow Inmate Development Committee write to you on their behalf and ask that the phone systems heavy burden upon the prisoners at this institution and their families be reviewed. I will outline the problems.
Health problems denied in prisonLithgow Correctional Centre (IDC) Inmate Development Committee "Currently there are 72 inmates on the doctors waiting list with only one doctor coming fortnightly and usually on a weekend".
NSW Prisons Inmate Development Committee speaks outI am writing on behalf of the IDC Inmate Development Committee in area 3, MSPC at Long Bay. Area 3 is where, the Department is congregating minimum-security offenders within maximum-security walls whilst awaiting mandatory programs at Cubit (Sex Offenders Program).
THE GULAG TREATMENT - The Trauma Of Court Appearances When Incarcerated Prisoner transport vehicle 10th January 2003 It's about 4.40am, very darkoutside and although I'm expecting it, it is still intrusive when my dreams are interrupted by the sound of my name, it is the officer checking that I'm awake ready to face the long day ahead.
Sir David Longland Correctional CentreIf it were possible to characterize the term B Block attitude in a modern dictionary, it would read something like "demeanor of inhabitance" or "state of mind or behaviour of occupants".
SIR DAVID LONGLAND CORRECTIONAL CENTRE QLD - CELLS IN B BLOCK The cells in B Block are like no other in any Queensland prison. After Mr. Cooper was severally embarrassed by the Abbott and Co escape on 4th November 1997, he visited B Block and the surrounding grounds. It was that visit, by Cooper, that set in motion a plan (up the ante) to make sure security in B Block would never embarrass him again. It was like closing the gate after the horse has bolted.
Inspector General Ignored On Womens PrisonFour months after a report from the Inspector General on Mulawa Correctional Centre, key recommendations involving safety and welfare of prisoners and staff have been ignored. Kathryn Armstrong (former chair of Inmate Development Committee) and Annabel Walsh, released from Mulawa Womens Prison in February, have produced an independent report confirming the findings of the Inspector General.
Distribution of: 'How to Votes in prisons'?Justice Action have received information from Andrew Burke of the NSW Greens that they have enquired with the Department of Corrective Services as to the procedure for distributing their How To Votes in prisons in the period before the election.
Getting Justice Wrong DPP make full admissionsBack in May 2001 Nicholas Cowdery QC made an error at law by giving a speech called Getting Justice Wrong at the University of New England, Armidale Thursday, 31 May 2001. Sir Frank Kitto, Lecture now published at the DPP website. At page six, paragraph 3 under the heading:
NSW ELECTION 2003: VOTE 1 GREENSInspector-General: The Greens believe that the role of the Inspector-General is crucial to the proper functioning of the prison system. It has never been more important to have a powerful watchdog role than today. Section 3.11 of our Criminal Justice Policy commits the Greens to "strengthening the role of the Inspector-General of Prisons."
Long Bay Prison: The latest inside storyPrivate food purchases called Buy-Ups that normally take care of the prisoners additional food nutrition in Jail has been changed.
Doing time even harder: 146 prisoners far from homeThe United States, however, has detained without trial about 650 men from 43 countries. They include Australians David Hicks and Mamdouh Habib, who are held at the Guantanamo Bay naval base as part of the sweep against global terrorism [scapegoats for the Coalition of the Killing's, pre-emptive strikes, occupation and genocide for resources in the Middle East.]
Human Rights 'Framed'Here is a quick report on our Human Rights Commission approach on Framed (the quarterly magazine of Justice Action) being banned from all NSW prisons. After 42 issues went in.
Prison Privatisation: Death camps looming in NSWI asked for the identification of the person I was speaking to and was told that I was not entitled to that information. I needed to verify the call and asked for a name or number to register my call because I was asked to get those details by my coordinator.The person refused to identify themselves either by name or number. I asked to be transferred to a senior person and was refused. The person I spoke to then hung up the phone.
Corrections Victoria and criminal acts: SCS-4\320 UPDATEYou have stated "Section 30 of the Corrections Act 1986 and the Information Privacy Act 2000, restricts the release of confidential information regarding prisoners, I therefore am unable to provide any information regarding this matter."
Death camps looming in VictoriaA letter was received on 15 January 03 from SCS-4\320 a remand prisoner in Victoria's Barwon Prison I later found out that the prisoner was in the Acacia High Security Unit.
Take crime talk beyond the bars:'lobby group'A coalition of academics, crime experts, welfare and church groups is preparing to launch an intensive pre-election campaign aimed at refocusing the attention of NSW politicians from harsh sentencing reforms to crime prevention strategies.
Six weeks, six months, six years: inmates have little chance of making fresh start More than 15,500 people are released from NSW prisons each year, twice the number of 20 years ago. But new research shows many ex-prisoners find it impossible to reintegrate into society and, months after release, are worse off than before they went to jail.
NSW A-G moves to stop criminals and ex-criminals selling storiesFrom next month criminals or ex-criminals who try to profit (earn a living for paid work, like writing a book etc..) from their crimes in New South Wales will have the proceeds confiscated.
NSW Govt criticised over criminal justice recordKey criminal justice groups have described the New South Wales Government's record on justice issues as a "disappointing performance".
APPOINTMENT OF KLOK IS: 'DECLARATION OF WAR'The decision of the Carr government to appoint John Jacob Klok as the new Assistant Commissioner for Corrective Services in charge of security represents a statement of contempt to all those concerned about law and justice in NSW.
Prisoners Representatives ExcommunicatedRon Woodham, Commissioner Corrective Services stated "[this Department] does not recognise Justice Action as an advocate on correctional centre issues." He has ordered a ban on all Justice Action material inside the NSW prison system. This resulted from a request for the approval of the latest edition of Framed (the Magazine of Justice Action) to be distributed throughout NSW prisons as has occurred for the past ten years.
Dept of Corrective Services: Rotten Ron Woodham on the ropesThis is The Freeedom Of Speech and The Press in a goldfish-bowl! Herr Goebells has spoken. Zieg Heil! (Which means, actually: "aim-for health!" incidentally)Apologies for not making meetings ... my first experiences with Woodham (then a -screw-gestapo-minor-with-a-friendly-dog - AND YOU KNOW WHAT IT MEANS WHEN EVEN HIS DOG DOESN`T LIKE HIM?)
At the Minister's Pleasure The case of Michael KellyMichael is caught up in a particularly cruel version of the game of Cat and Mouse. Because he is classified as a forensic patient under the Mental Heath Act of NSW, the Minister for Health is his master, not the Minister for Corrective Services. And the Minister for health will not let him go.
EX-PRISONER UNEMPLOYMENT: SENTENCED FOR LIFEName removed by request served time in prison decades ago. Shes still being punished today. According to commonwealth and state legislation, ex-prisoners applying for jobs must declare any conviction that fits into the following categories: less than 10 years old, more than 10 years old but served more than 30 months in prison.
ARE YOU INNOCENT?The Australian Law Reform Commission had recommended that the Innocence Panel be independent and have the power to investigate alleged miscarriages of justice.
RESTORING TRUE JUSTICE:Australian prisons are fast becoming the new asylums of the third millennium. The prison industry is booming, while Australia spends far less on mental health services than similar countries.
Medical records Alex Mitchell's lost worldPerhaps we can get your medical report and spew it around publicly so you can see how it feels. But surely we do not have to go that far. And of course we are law-abiding citizens and I should think it would be enough to remind you of your ethics to report at all.
NSW Department of Corrective Services attack right to privacyCorrective Services Minister Richard Amery has a problem attacking prisoners right to privacy.It seems to us that a civil society is best served when social justice laws are applied to all people regardless of their circumstances. Once government starts making exceptions which disadvantage certain groups and individuals, such laws are meaningless.
Litigants are drowning: in the High CourtThere were so many self represented litigants appearing in the High Court that more than half of its registry staff's time was taken up in dealing with them. The "go it alone" litigants have to take on tasks well above their qualified league causing them stress. This growing problem cannot be left unchecked.
Everyone wants to get out of 'jail' but 'Framed' wants life: Rotten Ron on the ropes On 2 May 2002, Justice Action received a faxed letter from Manager of DCS Operations Support Branch saying that, in his view, articles in Framed edition #42 'lack balance and integrity' and he is therefore 'not prepared to recommend this issue of Framed for placement in to correctional centre libraries.' Prisoners and those concerned about prisoner issues have very few sources of information.
Methadone addicts formed within: 'NSW Prisons'The New South Wales Opposition has accused the State Government of turning jailed heroin users into Methadone addicts.
Murder charge first for DNA data bank link, but not the same as solving the murder Mass DNA testing of prisoners has [allegedly] led to the first NSW case of a person being charged with a previously unsolved murder as a result of a controversial gene-matching data bank.
Prisoners can prove innocence for $20?Les Kennedy Daily Telegraph reported today that" Prisoners who believe that DNA will prove they were wrongly convicted will have the chance to prove their innocence for a mere $20 administration fee. The move comes 20 months after NSW inmates were asked to provide DNA for comparison with a databank of DNA from unsolved crime scenes for possible convictions.
NSW opposition pledges review of detention lawsA spokesperson for Justice Action Ms Anal Advice said " NSW Prisons are a sex offence if you have been raped, bashed and squatted down to be strip searched. People should be diverted from going there at all material times".
Civil libertarians condemn planned changes to prisoners' privacy rights The New South Wales Government is using a recent case involving [framed] serial killer Ivan Milat to justify its decision to remove the privacy rights of prisoners. But really just another attack on Ivan Milat from Parliament House.
The punishment: Is the 'crime'The punishment is the crime according to retired chief Justice of the Family Court of Australia Justice Alistair Nicholson. "Smacking a child ought to be seen as assault".
NSW prisons - primary industry bailed up!In many quiet regional centres around NSW there is a new primary industry shaping up. It has something to do with Bail but not with bales. The minister for Agriculture Richard Amery who also has the prisons portfolio is now committed to farming prisoners.
Black NexusThe Separation of Powers Doctrine is nowcontaminated witharangeofcolours, now leaving us with a black shirt on a once blue bridge that crossed that thin blue line. The 'Amery and Woodham show'.
Prison Mind Games-Do they exist?Directives are given inside the prison system that are not consistent with the law in NSW. And not in the good interests of the health and well being of the prisoners.
The Government is likely to abolish the Inspector General of Corrective Services position The Mulawa inspection report recommendations below strictly illustrate how important he is.
Chronology - A History of Australian Prisons[Allegedly:] The events that have shaped NSW prisons - from convict days through royal commissions, to the Supermax of today. [I say allegedly because no one should trust Four Corners [Walls], why? Because they spill out the propaganda of the day for the Government, whether it be wrong or right. A government that lies and has no remorse about it.]
Justice ActionJustice Action is a community based organisation of criminal justice activists. We are prisoners, academics, victims of crime, ex-prisoners, lawyers and general community members. We believe that meaningful change depends upon free exchange of information and community responsibility.
Beyond Bars Alliance colleaguesI imagine all of you received Justice Action's email yesterday regarding the position of Inspector General of Corrective Services.
Community Restorative CentreNSW spends more than half a billion tax dollars a year on prisons. It costs $60,000 to keep someone in maximum security for a year: more than double the minimum wage. CRC looks for and implements better solutions to the high social and economic costs of crime.
Sisters Inside IncSisters Inside Inc. is an independent community organisation, which exists to advocate for the human rights of women in the criminal justice system, and to address gaps in the services available to them. We work alongside women in prison in determining the best way to fulfil these roles.
Smart JusticeSmart Justice does not support any party but calls for investment in prevention, alternatives to custody and initiatives that tackle the causes of crime. It is important to dispel the myths about 'law and order' and promote real solutions to crime and violence.
Shine For Kids
What happens for a young person who has a parent in prison?There are a lot of consequences for children or young people who have a parent in prison. During
Groupwork the kids themselves have identified as being:
Children of Prisoners' Support GroupChildren of Prisoner's welcomes Ann Symonds as our first Patron at this years AGM and screening of "The Space in Between" video , and will have a visual display to demonstrate the invisible population of children effected by parental incarceration.
Former Brisbane Lions player Adam Heuskes has denied allegations that he raped a woman in London four years ago.
