Victorian court rules detention of youth in adult jail unlawful

The children were transferred to the Barwon maximum security prison after a riot caused extensive damage to the the Parkville Youth Justice Centre in November 2016.

长沙夜网

Supreme Court Justice John Dixon on Thursday found the state government’s decision to create the youth justice wing in the adult prison incompatible with the children’s rights and unlawful.

“The developmental needs of the detainees, specifically their physical, social, emotional, intellectual and spiritual needs, were significantly limited when Grevillea was re-gazetted as youth justice centre and youth remand centre to which children were transferred,” he told the court.

He said detainees were at risk of developing mental health problems directly related to conditions in the adult prison. 

Watch: Lawyer Alina Leikin on Barwon ruling

0:00 Share

The court heard the detainees were often held in lockdown for up to 23 hours and some were handcuffed during limited periods of release.

Hugh de Kretser, from the Human Rights Law Centre, said the Victorian Government now had the opportunity to “right” their mistake and move the 15 remaining children to an age-appropriate youth justice facility.

Lawyer Alina Leikin said some inmates had been confined to Grevillea for five months and should be moved as soon as possible.

Jesuit Social Services said the Victorian Government’s actions may have already jeopardised the children’s chances of rehabilitation.

The decision sparked a feisty exchange in Victorian Parliament with the opposition calling for the resignation of Children and Families Minister Jenny Mikakos.

The government says it’s disappointed with the ruling and always acted with the children’s and the community’s safety in mind. It is considering whether to appeal the ruling.

Ms Mikakos has said she would make no apology and did what was necessary.

Related

Victims of crime advocate Noel McNamara said he’s disgusted by the ruling.

“Human rights and all that sort of business has just gotta be put out of the way with these people, they terrorise people,” he said.

The Victorian government established the Grevillea Unit at Barwon prison after about 40 inmates rampaged through the Parkville youth facility in November last year.

The legality of the transfer has been challenged in court four times, most recently by the Human Rights Law Centre.

Justice Dixon’s ruling means the children could receive compensation if they choose to sue the government for unlawful detention.

Additional reporting by Luke Waters

Related

Eagles laugh off Bulldogs’ AFL mind games

West Coast coach Adam Simpson has laughed off the mind games ahead of Friday night’s blockbuster clash with the Western Bulldogs, saying on-field intent rather than off-field spying will decide the result.

长沙夜网

Bulldogs coach Luke Beveridge was tetchy on Thursday morning when asked about any changes he’d make for the Perth match.

And there was a shock when the teams were released later on Thursday, with Bulldogs skipper Bob Murphy ruled out because of general soreness.

Jake Stringer (knee) and Josh Dunkley (shoulder) were also forced out, paving the way for Jack Redpath, Bailey Dale and Lukas Webb to return to the side.

Beveridge gave no hint Murphy would be out when he fronted media earlier, and he was reluctant to talk about who else would be in or out.

“West Coast aren’t going to declare their team this early in the day, and I’m not going to either,” Beveridge said.

“I just want it to be a level playing field.

“Have you been watching what’s been happening with the ruck situation over the last couple of weeks? Yeah – so next question.”

Simpson also didn’t want to reveal his squad ahead of time, especially the ruck area where he’d been weighing up dropping Nathan Vardy or Jonathan Giles.

In the end, Simpson decided to axe Giles and bring in ruckman/forward Fraser McInness to partner Vardy.

In the only other change, fit-again midfielder Liam Duggan replaced Mark Hutchings.

Simpson couldn’t help but notice how secretive the Bulldogs had been this week.

“I’ve noticed they’re training at three different venues this afternoon,” Simpson said with a smile, before adding his spies would merely wait at the airport to figure out the Bulldogs’ squad.

“They are little side games that are entertaining, I suppose.

“There’ll be plenty of time for both teams to strategise with selection.

“But that’s secondary really. It’s going to be about the collective.

“It’s a massive challenge – probably the biggest of the year.”

Beveridge and Simpson worked together as assistant coaches at Hawthorn.

Simpson said Beveridge’s uptight nature on Thursday might have been an act.

“He’s not an uptight type of guy. He might have been putting that on. He’s pretty cruisy,” Simpson said.

The Bulldogs ended West Coast’s premiership hopes last year with a shock 47-point win at Domain Stadium.

Simpson said revenge wasn’t a motivating factor for the re-match.

“We used a bit of vision of that game for strategic purposes and what they’re trying to do with the ball,” Simpson said.

“But I won’t be using that as motivation. It’s a completely different season and atmosphere.”

West Coast’s ruck woes are set to ease slightly in coming weeks, with Drew Petrie poised for an earlier-than-expected comeback.

Petrie was initially set to miss about 10 weeks after breaking several bones in his left hand during the round-one win over North Melbourne.

But the 34-year-old has recovered well, and is on track to play next week against Essendon at Etihad Stadium.

The Eagles’ ruck division has struggled without Nic Naitanui (knee) and Scott Lycett (knee).

New South Korean president looks to new direction

Just hours after his decisive election win, Moon Jae-in was sworn into office, marking the beginning of his term as South Korea’s 19th president.

长沙夜网

And it has been straight down to business.

President Moon has wasted no time in addressing what is arguably his country’s biggest threat, neighbouring North Korea’s expanding nuclear program.

In a speech at the National Assembly, Mr Moon has pledged to work for peace on the Korean Peninsula.

“I will resolve the issue of the national-security crisis as quickly as possible. I will do my best in all directions for peace on the Korean Peninsula. If needed, I will fly to Washington right away. I will visit Beijing and Tokyo, and, if it becomes possible, I will also go to Pyongyang. I will do everything I can to firmly establish peace on the Korean Peninsula.”

North Korea’s increasingly aggressive nuclear ambitions have sharply increased tensions between the United States and China.

The United States recently deployed a missile-defence system, known as THAAD, in South Korea.

That move had angered China, which says the system’s powerful radars will let the United States spy on China’s military operations.

President Moon had previously questioned the US move, prompting some to speculate his election win could strain diplomatic relations between the two countries.

But Mr Moon is promising to ease tensions all around, pledging to negotiate with both the United States, South Korea’s closest ally, and China, its leading trading partner.

“I will further strengthen the South Korea-US alliance. On the other hand, I will seriously negotiate with the US and China over the issue of THAAD. Solid national security comes from strong national-defence power. I will make efforts to step up our self-defence powers. I will also devise a basis for resolving North Korean nuclear issues.”

The United States maintains its alliance with South Korea is strong.

In a phone call congratulating Mr Moon on his election win, US president Donald Trump agreed to cooperate with the country over North Korea’s increasingly aggressive nuclear ambition.

President Trump acknowledged it was a difficult problem but insisted it could be resolved.

China, too, has renewed its offer to help diffuse tensions.

Chinese foreign ministry spokesman Geng Shuang congratulated Mr Moon on his election win and said China is willing to work with the new president.

He also assured China would help negotiate a peaceful settlement of the nuclear issue, but expressed hope South Korea would recognise his country’s concerns over THAAD.

“China’s position on the issue of THAAD is clear and consistent. We hope South Korea can pay high attention to China’s concerns and handle the relevant issue in a proper way.”

President Moon’s victory marks a major political shift for South Korea, not only in regard to geopolitical relations but also within the country.

He must try to mend a country bruised by a corruption scandal that led to the impeachment of former president Park Geun-Hye.

Supporters of Mr Moon in the South Korean capital Seoul say they are hopeful his rule will mark a new era for the country.

“I feel like I’m witnessing a new page in history, so I’m very moved.”

This man was a protester who helped pressure the former president out of office.

“All those nights we spent braving cold winds, keeping vigil in Gwanghwamun Square, finally lead to something. We should all share this joy together.”

Mr Moon won comfortably with 41 per cent of the votes, far ahead of his closest rival.

But data from an exit poll conducted by South Korea’s top three television networks indicates an ideological and generational divide in the country of 51 million people.

The data shows he won most of the votes cast by those under age 50 but more traditional rival Hong Joon-pyo won significant support among older voters.

Still, among the new president’s many promises after barely a day in office is to unify South Korea.

 

Supreme Court rules detaining youths in Barwon unit ‘unlawful’

Fifteen prisoners, aged 15, 16 and 17, remain in the Grevillea Unit of Barwon Prison, which the Victorian Government re-classified as a youth detention facility.

长沙夜网

Justice John Dixon has found the incarceration breaches the teenagers’ human rights through the use of capsicum spray in confined spaces, lock-downs and isolation.

“Extending up to 23 hours in cells designed for occupation by adult men – in addition some children were handcuffed during their limited periods of release from cells – there were children who were either under continuous isolation or restraint for multiple days at a time.”

The juvenile offenders were transferred to the Grevillia unit last year after two youth detention facilities were trashed by inmates.

Lawyer Hugh de Kretser, from the Human Rights Law Centre, says the state government was trying to make a statement through the transfer.

“Obviously they were attempting to portray it as punishing the children for the damage to Parkville but, as we’ve said all along, this decision impacted on many children who had nothing to do with that damage whatsoever.”

Lawyer Alina Leikin, also from the Human Rights Law Centre, says she’s is especially concerned for the inmates confined to Grevillia for five months.

“We know they’ve missed out on education opportunities, they’ve missed out on family connection and these things are crucial to their rehabilitation and, in the long-run, to community safety. The government will now need to move them to a lawful place of detention.”

But victims-of-crime advocate Noel McNamara opposes the decision.

Mr McNamara says he’s met some of the victims of these young offenders, and believes a punitive approach would be more appropriate.

“Human rights and all that sort of business has just got to be put out of the way with these people. They terrorise people, they threaten them and tell them if you open your mouth we’ll come back and get you.”

The decision sparked a fiery exchange in Victoria’s parliament, with the opposition calling for the resignation of defiant Youth Minister Jenny Mikakos.

“We took the steps necessary to keep the community safe, to keep our staff safe, and to keep the young offenders themselves safe.”

It’s not known if the Victorian Government will appeal the decision.

It now needs to decide where it will house the 15 underage detainees and, according to lawyer Hugh de Kretser, there’s a very real chance the matter will now head to further litigation.

“Absolutely there’s the possibility of compensation which is a normal thing that will flow when the government detains someone unlawfully.”

The parties return to the Supreme Court tomorrow.

 

Nixon comparison with Comey sacking

President Donald Trump’s surprise firing of FBI Director James Comey has drawn comparisons to the Nixon-era “Saturday Night Massacre”.

长沙夜网

Both cases involve a president getting rid of an official leading an investigation that could ensnare the White House.

On that Saturday night in 1973, Nixon ordered the firing of the independent special prosecutor overseeing the Watergate investigation, prompting the resignations of the top two officials at the Justice Department.

This week, Trump fired the FBI director in the midst of an investigation into whether Trump’s campaign had ties to Russian meddling in the election that may have helped send him to the White House.

Douglas Brinkley, a presidential historian at Rice University, said the comparison was “apt”.

“Obviously there are different circumstances but it’s about a president that’s seeming to lurch into abuse of power,” he said.

Nixon ordered Archibald Cox fired for his continued efforts to obtain tape recordings made at the White House. Cox had said he would not bow to “exaggerated claims of executive privilege” and drop his pursuit of the tapes.

Attorney General Elliot Richardson refused to carry out Nixon’s order and resigned in protest.

Richardson’s deputy, William Ruckelshaus, also refused and resigned as well. Finally, Solicitor General Robert Bork, the third-ranking official at Justice, fired the prosecutor.

In this case, Trump had the power to fire the FBI director himself. The White House cited a Justice Department official’s concerns about the director’s handling of last year’s investigation into Hillary Clinton’s email practices.

But Democrats criticising Trump’s stunning move say the two cases are similar because Comey was overseeing an FBI investigation into both Russia’s hacking of Democratic groups last year and whether Trump campaign associates had ties to Moscow’s election interference.

Three US officials say Comey told members of Congress he had recently asked the Justice Department for more money for the bureau’s investigation into Russia’s election meddling.

“This is Nixonian,” Democrat Senator Bob Casey declared on Twitter on Tuesday, calling for a “special prosecutor to continue the Trump/Russia investigation”.

The White House has said there is no evidence of any ties between the Trump campaign and Russia.

In his letter to Comey, Trump stressed the FBI director had told him “on three occasions, that I am not under investigation”.

There are some differences. Brinkley noted that the Watergate investigation was further along, while the Russia probe is just beginning. And after Nixon’s firings, Brinkley said a number of Republicans “started going after the leader of their own party” and that has not happened yet in Trump’s case.