Monday 25 July 2016 - 'Australia's Shame'
Sarah
Ferguson: Welcome to Four Corners.
The
image you have just seen isn't from Guantanamo bay.... or Abu Ghraib.. but
Australia in 2015... A boy, hooded, shackled, strapped to a chair and left
alone. It is barbaric.
This
is juvenile justice in the Northern Territory, a system that punishes troubled
children instead of rehabilitating them - where children as young as 10 are
locked up and 13 year olds are kept in solitary confinement.
Most
of the images secured by Four Corners in this investigation have never been
seen publicly. They are shocking - but for the sake of these children who are
desperate for the truth to be known, we cannot look away.
Caro
Meldrum Hanna reports.
Caro
Meldrum-Hanna: It's August 2014.
Inside
the Don Dale youth detention centre...behind this grey door...six boys are
being held in the isolation wing.
As
evening approaches...inside the Behavioural Management Unit...
A
14 year old boy is trying to get out of his tiny concrete cell.
For
36 minutes CCTV records the boy, using a broken light fitting...trying again
and again to open the door.
One
of the guards on duty this afternoon...has forgotten to lock it.
The
boy has been kept in solitary confinement ...for 23 and a half hours a
day...for 15 days straight.
He's
lost all sense of time.
And
he's deeply distressed.
Boy
E: I've been in the back cells for how long bruz?!
Officer:
Have you had time out or not?
Boy
E: Yeah but I've been fuckin' stuck in there for how long?!
Caro
Meldrum-Hanna: The boy's been asking the guards - repeatedly, for weeks - why
he's being kept in solitary confinement...
And
when he's going to be released from his dark, hot, stinking cell.
Officer:
That doors not going to hold.
Officer:
He's supposed to be getting out next week.
Officer:
Yeah.
Caro
Meldrum-Hanna: On the other side of the reinforced door...
A
group of prison officers is at the ready.
Officer:
Fuckin' idiot.
Officer:
He's an idiot bro.
Caro
Meldrum-Hanna: The officers on duty tonight are heard laughing at the boy's
anguish.
Officer:
I hope it's recording?
Officer:
Yeah it is recording, it says record.
Caro
Meldrum-Hanna: The boy has been pushed to breaking point.
He
and five others, aged between 14 and 17 locked in the cells behind him...have
been deprived of the most basic human necessities, no natural light, kept in
appalling conditions.
CCTV
obtained by Four Corners shows some of the boys literally climbing the
walls...repeatedly carving their names into the concrete...in some cells, two
boys crammed in...unable to walk around at all.
Jared
Sharp, Lawyer, North Australian Aboriginal Justice Agency: Those cells were
ghoulish, they were something medieval.
Dr
Howard Bath, former NT Children's Commissioner: They were kept in those cells
for up to twenty-four hours a day.
Peter
O'Brien, Solicitor: They had no running water, the only water in the cell was
in the toilet.
Jared
Sharp: So they couldn't even wash their hands, they had to request water. They
had to eat food with their hands.
Dr
Howard Bath: Extremely hot conditions um. No air-conditioning, no fans, no
direct breeze flowing into that unit.
Peter
O'Brien: Reeked of urine and shit.
Dr
Howard Bath: You know even the staff were referring to them as revolting
conditions.
Caro
Meldrum-Hanna, Reporter: How were they? How how were the boys in there?
Jared
Sharp: Um.
Peter
O'Brien: I mean it must have been sheer hell, sheer hell.
Boy
E: Fuck you! Fuck!
Officer:
If he tries to get in, poke him back through.
Caro
Meldrum-Hanna: Protesting against his confinement...the frustrated child starts
ramming doors and smashing windows...
While
five boys watch from inside their cells.
How
prison management responded beggars belief.
Officer:
Go, go grab the fuckin' gas and fuckin' gas them through fuckin', get Jimmy to
gas them through here.
Caro
Meldrum-Hanna: This is the sound of six children being tear-gassed at close
range.
Boy
E: I can't fuckin' breathe.
Officer:
Now he's shitting himself.
Caro
Meldrum-Hanna: Gassed for up to 8 minutes...
The
boys are shackled, dragged outside and sprayed with a fire hose.
Boy
E: Nah, don't put it in my mouth, I can't breathe!
Boy:
Hey, we didn't do anything in there.
Caro
Meldrum-Hanna: A few hours later ... Don Dale management told police that
multiple boys had escaped from their cells...and armed themselves with weapons.
Portraying
the incident to the media, as a violent riot.
ABC
News Report, 24 August 2014: Six prisoners young men between 14 and 17 years
old escaped their cells and armed themselves with glass from smashed windows
and broken light fittings.
Minister
John Elferink, Minister for Correctional Services: When kids arms themselves
with broken glass, when kids arm themselves with metal bars, then reasonable
force has be brought to bear upon them to subdue them.
Caro
Meldrum-Hanna: Prison authorities weren't telling the truth.
Jared
Sharp: One of those aspects of this issue that's the most concerning is that
there was a deliberate effort to misinform the public about what occurred.
Dr
Howard Bath: There wasn't a riot. A riot is an un- unlawful assembly. Only one
young person was assembled. He was outside of his cell but he was still in a
secure area.
Peter
O'Brien: So he let loose, it was one boy carrying on in a manner of expression
that he had and that was it, that is all he had, it was not a riot.
Caro
Meldrum-Hanna: This is the boy that got out of his cell...and led the so-called
riot.
His
name is Jake Roper.
He's
bravely decided to go public, and tell his side of the story.
Caro
Meldrum-Hanna: Hey Jake, Caro, nice to meet you.
Caro
Meldrum-Hanna: Why have you decided to speak up about what happened?
Jake
Roper: Just tellin' the truth and what really happened and yeah make sure it
doesn't happen to any other young people. I was getting treated like an animal
basically because of all the stuff they did to me.
Jake
Roper hasn't been able to forget his time in solitary...in Don Dale.
Jake
Roper: This is the size of my cell I was staying in.
Caro
Meldrum-Hanna: Now 16, he's haunted by disturbing memories...
Jake
Roper: Well I get flashbacks sometimes, just couldn't believe it was this
small.
Caro
Meldrum-Hanna: How did it feel being in a very small space?
Jake
Roper: It was tempting to do stuff because I had a lot of stuff on my mind.
Like I felt angry at some times, I felt depressed at some times, I felt alone
and yeah...
Caro
Meldrum-Hanna: In June 2014...Jake Roper was in Don Dale for the first time in
his life...for stealing a car when he was homeless.
Caro
Meldrum-Hanna: When you went to Don Dale, did you know what to expect?
Jake
Roper: No not really
Caro
Meldrum-Hanna: Were you scared?
Jake
Roper: Yeah
Caro
Meldrum-Hanna: What were you scared of?
Jake
Roper: Um Just what other people tell me about what Don Dale was like. Um how
the guards treat them. Yeah.
Jake
Roper escaped from Don Dale. Recaptured and returned, he was placed in the
isolation unit along with four other escapees.
Caro
Meldrum-Hanna: One of them, was 16 year old Ethan Austral.
Ethan
Austral: Like sometimes when I wake up I'd be there in the same spot.
Caro
Meldrum-Hanna: Ethan Austral has been in and out of Don Dale since he was just
11 years old...for a series of break and enters and car thefts. He's spent six
of his past seven birthdays behind bars.
He's
now recovering at Bush Mob in Alice Springs...a treatment facility for at-risk
kids.
We
spoke to him over Skype.
Ethan
Austral: Waking up in that cell was shit. We was going mad, been kept in there
for too long.
Caro
Meldrum-Hanna: Are these kids bad?
Sue
Oliver, Managing Judge, Youth Justice Court: There are kids that do bad things,
really bad things, but the idea that a young person is a bad person I think it
a very misplaced view of young people.
Caro
Meldrum-Hanna: Well if they aren't bad kids, bad people what are they?
Judge
Sue Oliver: They're very damaged. They're very damaged children.
Caro
Meldrum-Hanna: Tonight, Judge Sue Oliver is breaking ranks.
Speaking
out against the harsh treatment of children in detention in the Northern
Territory.
Caro
Meldrum-Hanna: Do you ever worry about a young person when you send them off to
Don Dale?
Judge
Sue Oliver: Yes I do, I do. Of course I do.
Caro
Meldrum-Hanna: What do you worry about?
Judge
Sue Oliver: I worry about how that's going to affect them. I worry that it's
not solving the problem.
Caro
Meldrum-Hanna: Kenny Rogan was 10 years old when he first went to
prison...after his 21 year old friend made him to set fire to a motorbike.
When
Kenny Rogan arrived at Don Dale, he says he was dragged into his cell by his
underwear...and threatened by one of the guards.
Kenny
Rogan: He told me there were rapists in there and he'll put me in a call with
them if I don't keep in line.
Caro
Meldrum-Hanna: When your son returned that first time from Don Dale, had he
changed?
Colin
Rogan: Yes definitely, he seemed a lot more quieter not as happy and his
demeanour changed. Very withdrawn, didn't want to talk, lost a lot of weight,
yeah I was not happy to see him in that condition.
John
B. Lawrence: What's going on with children in detention here is a deliberate
punitive cruel policy, prosecuted by the Minister responsible and his cohorts,
no doubt, and supported by his political advisors. So it's not an accident,
it's not inadvertence, eh it- it's not indifference, it's a deliberate policy
that has led to the catastrophe which is occurring behind walls as you
interview me now.
Caro
Meldrum-Hanna: The Minister responsible...is Minister John Elferink.
Minister
John Elferink: I am the Minister for Corrections not the Minister for kicking
the shit out of people. And hopefully we can actually create an environment
that actually corrects. There you go. You want a ride back into town now or
what?
Caro
Meldrum-Hanna: I have my own ride thanks, thankyou very much, Minister.
Minister
John Elferink: I thought you wanted to have a go on a bike that's all.
Caro
Meldrum-Hanna: The Harley Davidson riding Corrections Minister took us inside
the children's prison...
Firstly,
to the old Don Dale.
Minister
John Elferink: Please come through. I just wanted to show you a couple of
things. It smells like something's been burning in here.
Caro
Meldrum-Hanna: It does.
Minister
John Elferink: And this of course is one of the rooms you're interested in.
Caro
Meldrum-Hanna: This is the BMU?
Minister
John Elferink: We get these kids ah in these environments and they come to us
fundamentally pre-broken by choice, by dint of their socioeconomic
circumstances, their families, whatever.
Caro
Meldrum-Hanna: Now derelict... This is where six boys were tear gassed in August
2014.
Caro
Meldrum-Hanna: This is a site of great controversy, this one?
Minister
John Elferink: Ah yes.
Caro
Meldrum-Hanna: Ah how do you view this area?
Minister
John Elferink: I don't like it. I don't like this area. I don't particularly
like prisons at all.
Um
I would like to live in a world where prisons weren't necessary, but
unfortunately they are a real necessity in the modern world.
Caro
Meldrum-Hanna: Have you ever seen anything like what you saw?
Jared
Sharp: I've never seen a thing like that.
Caro
Meldrum-Hanna: The horrors of Don Dale came to light in August 2014...just
before the so- called riot when solicitor Jared Sharp was taken on a tour of
the prison by the Department of Corrections.
He
was taken back here...behind this door...to the usually off-limits high
security section.
This
is where children who misbehaved were being taken...to teach them a lesson.
Jared
Sharp: We all sort of looked at each other in shock that there was kids in
these cells um because there was signs of life in there um but we didn't know
who was in there or what was happening, or how long they'd been there.
Caro
Meldrum-Hanna: Six boys were being caged like animals, never allowed outdoors,
with no school, no television... dehydrated with no running water.
Caro
Meldrum-Hanna: To what end, to what extreme, what scale is that sort of
deprivation?
Jared
Sharp: To what extreme is that? Is to my view, is torture.
Caro
Meldrum-Hanna: Jared Sharp blew the whistle...reporting the ongoing abuse to
the then Children's Commissioner, Dr Howard Bath.
Dr
Howard Bath: It's brutalising treatment um. Depending on how you define torture
if you include extended periods of isolation and seclusion um as a torture I
think you could define as what I've seen happening in the Youth Justice
facilities as torture.
Caro
Meldrum-Hanna: Dr Bath launched an immediate investigation.
Dr
Howard Bath: Tensions were building up. Ah the the young people were saying
themselves how long am I going to be here? They weren't given clear answers on
how long they were going to be in confinement. Even the staff were saying
things like we've got to move on from this, we've got to move the kids out of
these inhumane conditions, even the staff were saying that.
Caro
Meldrum-Hanna: This is the Behavioural Management Unit known at the time as the
BMU. And this is where it all happened. Being here makes it all very real, and
I'll tell you why. Because it is tiny. I can walk from the back of this cell, 3
and half steps to the door and one and a half, if that, across. At the time all
six boys were in here, it stank of urine and excrement. It is hot and it is
dark. There is minimal natural light. There is also no running water. I cannot
imagine as an adult being kept in here for weeks on end.
Caro
Meldrum-Hanna: Four Corners has learnt...the children were being cared for....
By
a core group of prison officers, highly trained in professional fighting.
The
referee?
Don
Dale's second in charge...
The
assistant general manager Jimmy Sizeland.
One
of the boys in the guards care....was Dylan Voller...
A
troubled boy with behavioural problems, Dylan Voller has been in and out of
juvenile detention since he was 11 years old.
For
car theft, robberies and, more recently, assault. He's one of the Northern
Territory's most notorious young offenders.
But
he himself is a victim and there's a lot the public doesn't know about the
plight of Dylan Voller.
Peter
O'Brien: He has been the victim of institutionalisation no doubt.
Caro
Meldrum-Hanna: What has happened to him in Don Dale?
Peter
O'Brien: His ability to really use words in a cutting manner has meant that he
has been the subject of a great deal of reala- real physical attention, threats
at the hands of the staff members of that place.
Caro
Meldrum-Hanna: Dylan Voller's story is like no other.
Four
Corners has obtained a chilling catalogue of videos, images you were never
meant to see, recording shocking mistreatment, sustained by Dylan Voller over
five years.
Starting
in October 2010 inside Don Dale's Behavioural Management Unit, the BMU.
In
this never before seen video...13 year old Dylan Voller enters.
Words
are exchanged.
With
no one else around... Dylan Voller is tackled, lifted and held high in the air,
before being hurled across the room
Caro
Meldrum-Hanna: Two months later...in the Alice Springs children's prison...
An
agitated Dylan Voller is seen pacing his tiny cell. He's threatened self-harm.
Leaning
against the wall, he's playing with a pack of cards.
Watch
what three guards do to him next.
Peter
O'Brien: No matter what the reason for them coming into that room and for no-
no matter what the reason for them wanting him to take off his clothes or be
naked or what- whatever the hell they were doing what on earth do you think was
going through that kid's mind? That kid at that time who is a- has his, his
bare naked buttocks exposed and in a manner where he's being held down in such
a- in such an intimidating and brutal fashion, one can only think.
Caro
Meldrum-Hanna: And after Dylan Voller was stripped naked and he was in his gown
what do you see that young boy doing?
Dr
Howard Bath: I see someone in great distress.
Dr
Howard Bath: I found that a humiliating procedure and if it wasn't so tragic it
would be farcical because it's actually called the at-risk procedure. It is
used when a child is considered to be at risk of suicide for instance um. I
cannot see how traumatising a young person like that can be in any way
therapeutic.
Caro
Meldrum-Hanna: In 2011...again in Alice Springs...
Another
incident. This one, the most brazen of all...with multiple
witnesses...including other child detainees.
Dylan
Voller is making a telephone call.
When
the guard motions for the boy to hand the phone over, he leans away.
Watch
how Dylan Voller is punished.
Kneed,
then knocked to the floor.
Six
months later...Dylan Voller, now 14, is pacing another tiny cell...he's in
isolation again.
Crying
into his singlet...three guards enter.
Throw
him to the floor...and forcefully strip him naked.
In
2012...at Don Dale...
Dylan
Voller is held face down for three minutes in a hog-tie position...as guards
strip his cell...the officer is recorded straddling the child...Then...he
applies his full bodyweight with both knees on the child's back.
Caro
Meldrum-Hanna: What sort of Youth Justice system is that?
Dr
Howard Bath: Well it's certainly one that is absolutely failing and it's ending
up re-abusing young people.
Caro
Meldrum-Hanna: In 2012, Dr Howard bath investigated, writing a confidential
report.
It
details the prolonged mistreatment of Dylan Voller.
Caro
Meldrum-Hanna: The report has never been made public and Dr Bath is legally
unable to disclose the details.
Caro
Meldrum-Hanna: So the authorities knew as early as 2012 the authorities the
Government knew of excessive force, inappropriate solitary confinement of
children in detention?
Dr
Howard Bath: Yes.
Caro
Meldrum-Hanna: And nothing was done?
Dr
Howard Bath: As far as I know nothing was done.
Caro
Meldrum-Hanna: Well how do you respond to that?
Dr
Howard Bath: Well I find that appalling um.
Caro
Meldrum-Hanna: Ethan Austral is one of several boys who've told us that Dylan
Voller - a known spitter with a bad mouth - has continued to be targeted by
guards inside Don Dale.
Ethan
Austral: They wanted me to bash Dylan. I said no that's my mate and they left
me alone.
Ethan
Austral: They got other detainees to throw hot water on Dylan and spit at him
when he was down in the BMU.
Caro
Meldrum-Hanna: So the guards got other detainees, children to throw hot water?
Ethan
Austral: Yeah. And spit at him.
Caro
Meldrum-Hanna: On the 16th of August 2014...Five days before the boys were tear
gassed...
CCTV
records youth justice officers entering the isolation unit.
One
angry guard hurls a pear at Dylan Voller, who's locked in his cell.
Attempts
to conceal the camera with toilet paper ...
Before
telling Dylan Voller he plans to assault him on the outside.
Peter
O'Brien: My client's cowering on the bed, cowering on the bed, there's no
better description for it. He's obviously sensing some form of attack or some
form of assault, that is- appears to be in that image imminent.
Caro
Meldrum-Hanna: On the day of the tear gassing incident...Dylan Voller is still
in isolation.
Two
cells up...was Jake Roper.
Jake
Roper: I was stressed out. I was stressing out a lot, just had a lot of stuff
on my mind. It was getting too small for me. I just wanted to get out.
Caro
Meldrum-Hanna: How was Jake going?
Ethan
Austral: Stressing. I'd hear him yelling every minute, punching on his door,
yeah all those things.
Caro
Meldrum-Hanna: What was he yelling about?
Ethan
Austral: About being in there. I just remember him saying we've been here too
long we just wanna go out there.
Caro
Meldrum-Hanna: Under legislation in the Northern Territory, stays in solitary
confinement are limited to a maximum of 72 hours per stint.
Come
the 21st of August 2014...
The
amount of time each child had spent in the isolation unit had reached extreme
levels... more than 2,000 hours between them.
Making
their confinement potentially unlawful.
Jared
Sharp: To me it had all of the hall marks of a powder keg, it was ready for
something to happen.
Caro
Meldrum-Hanna: And did it?
Jared
Sharp: Yes, it did.
Caro
Meldrum-Hanna: Jake Roper got out of his cell.
But
he was still locked inside the concrete exercise yard.
Running
amok for 50 minutes...
Repeatedly
trying to climb out of the isolation unit.
Officer:
If he tries to get in, poke him back through.
Officer:
No, let the fucker come through because while he's comin' through he'll be off
balance, I'll pulverise, I'll pulverise the little fucker. Oh shit, were
recording hey.
Dr
Howard Bath: We hear language that is incredibly disrespectful um. For example,
let him come through he'll off balance and I'll pulverise the little fucker.
Caro
Meldrum-Hanna: Do you know what that means, pulverise?
Jake
Roper: No.
Caro
Meldrum-Hanna: It means he was going to destroy you with a lot of force. What
do you think of that?
Jake
Roper: I've got nothing to say.
Caro
Meldrum-Hanna: When Jake Roper threw a piece of aluminium through a window high
above his line of sight...
It
hit a guard who was standing on the other side of the wall, scratching his arm.
Officer:
Cunt.
Officer:
Did he get you.
Officer:
Oh yeah.
Officer:
Who the fuck did that.
Officer:
Roper, he threw this fuckin' steel thing out and fuckin' got me on the arm. He
tried to climb through the window and I poked him back through.
Officer:
Go, go grab the fuckin' gas and fuckin' gas them through fuckin', get Jimmy to
gas them through here.
Caro
Meldrum-Hanna: Soon...the prison riot squad arrived...plus a trained security
dog...from the adult jail.
Officer:
This dog is going in first.
Officer:
Yep.
Officer:
Dog strains at leash and barks.
Caro
Meldrum-Hanna: Do you remember hearing the dog? Did that scare you?
Jake
Roper: Yeah.
Caro
Meldrum-Hanna: Why?
Jake
Roper: Because I've seen what police dogs do to people.
Ethan
Austral: That's when Jake said, yeah I'm ready to stop I give up and then he
climbed up on the wall near the broken window and he told them that and one of
them was pushing him back in with the broom and saying this is your punishment
and all that.
Caro
Meldrum-Hanna: This is your punishment?
Ethan
Austral: Yeah.
Caro
Meldrum-Hanna: Back inside...
Corrections
Commissioner Ken Middlebrook was on the scene.
He
can be heard approving the use of teargas.
Officer:
How you going Ken?
Ken
Middlebrook: Good mate.
Officer:
Are you gassing the lot of them?
Ken
Middlebrook: Hey.
Officer:
Gas the lot of them?
Ken
Middlebrook: Mate, I don't mind how much chemical you use.
Officer:
He's coming this way.
Officer:
Watch out, watch out.
Officer:
Nah, they're using chemicals.
Caro
Meldrum-Hanna: The officers fire 10 separate bursts of tear gas at the boys.
Boy
E: I can't fuckin' breathe.
Officer:
Now he's shitting himself.
Officer:
Hmm.
Caro
Meldrum-Hanna: And there was laughter?
Peter
O'Brien: They seemed to find some some comedy in that, some humour in it, ah,
they- they, ah, really thought that they were going to be able to bring some
pain upon him and that that was going to, make their day.
Caro
Meldrum-Hanna: The air is misty, thick with tear gas.
Officer:
Take him down! Don't fuck with this bloke!
Officer:
We gonna get cell 2 out.
Officer:
We're going to have to hurry.
Caro
Meldrum-Hanna: Five boys remain locked in their cells.
Ethan
Austral: Yeah it was noisy everywhere.
Caro
Meldrum-Hanna: What noises?
Ethan
Austral: The workers yelling, the keys rattling, us coughing, and the dog
barking.
Caro
Meldrum-Hanna: When the gas came in did you know what it was?
Ethan
Austral: Nah.
Caro
Meldrum-Hanna: Ethan Austral says he tried to wash the gas off using the only
water available: the toilet.
In
cell 4, another two children - who weren't involved in the disturbance at all -
seen here, playing cards - are tear gassed.
Cameras
record them fleeing to the back of their cell, cowering behind bed sheets.
Dr
Howard Bath: They had absolutely nowhere to run and they were clearly
terrified, were so terrified they thought they were gonna die. And they said
their goodbyes to each other huddled behind a mattress at the back of their
cell. Those children were afraid for their lives.
Caro
Meldrum-Hanna: One by one the boys are taken outside...
But
Dylan Voller is left behind...for eight minutes he's exposed to tear
gas...cameras record him crying, doubled over the toilet ...
Before
lying face down waiting for the guards to return.
Officer:
On your knees, on your knees.
Jimmy
Sizeland: OK, start running water over him mate.
Jake
Roper: I can't breathe. Nah, don't put it in my mouth, I can't breathe.
Caro
Meldrum-Hanna: Were you having trouble breathing?
Jake
Roper: Yeah.
Caro
Meldrum-Hanna: Did you tell them that?
Jake
Roper; Yeah I was telling them but they was telling us to shut up.
Officer:
On the ground, on the ground, don't resist.
Officer:
Get the water.
Officer:
Lay down. Stay.
Officer:
Don't move bro.
Boy:
Ow, my fuckin' hand's hurting bruz.
Boy:
Fuck my arm, my arm mother fucker my arm.
Boy:
Yeah, it's on too tight, fuckin' hell bro.
Boy:
Hey, we didn't do anything.
Officer:
Just put it on there you'll be alright.
Caro
Meldrum-Hanna: The ordeal for the boys didn't end here.
They
were shackled and taken to the adult prison...wearing spit hoods on their
heads.
Caro
Meldrum-Hanna: What is a spit hood?
Jared
Sharp: A spit hood is it's a mask that fits over a person's head um and that
has some mesh on the front. It prevents a person from spitting because it
covers the mouth area.
Dr
Howard Bath: The immediate image that comes to my mind is Abu Ghraib. There was
no need at all to be using these spit hoods that cover their entire heads.
Caro
Meldrum-Hanna: What happened the next day?
Jake
Roper: They moved me back to Don Dale because they told me that I was too young
and got moved back to don dale.
Caro
Meldrum-Hanna: The transfer of 14 year old Jake Roper, an underaged boy, to the
adult prison was against the law.
CCTV
shows Jake Roper - in a spit hood - being returned to Don Dale the next
morning.
His
feet are full of glass and his wrists are sore from the shackles.
He's
left alone...in isolation again.
Caro
Meldrum-Hanna: I'm sorry are we in Australia here?
Dr
Howard Bath: It's gut wrenching isn't it.
Caro
Meldrum-Hanna: Where else is this happening in the world where children are
treated like this, vulnerable children?
Dr
Howard Bath: Caro I would certainly say this I don't believe it's happening
anywhere else in the developed world this sort of treatment of young people
Caro
Meldrum-Hanna: Have you seen that vision?
Minister
John Elferink: Which vision's that?
Caro
Meldrum-Hanna: The CCTV and handicam of what happened there?
Minister
John Elferink: I saw it for the first time Thursday last week.
Caro
Meldrum-Hanna: I'm quite surprised to know that you...
Minister
John Elferink: Well actually no hold...
Caro
Meldrum-Hanna: haven't watched...
Minister
John Elferink: ... actually I'll rephrase that.
Caro
Meldrum-Hanna: that you haven't watched all of this. It's, it's prob, probably
one of the darkest moments in recent history in in terms of corrections here in
the Territory.
Minister
John Elferink: Oh there's no doubt, it was no doubt a ah a demonstration to me
that things needed to be attended to.
Caro
Meldrum-Hanna: Did you see two boys in one cell who are confined and being
sprayed running to...
Minister
John Elferink: No I didn't see it.
Caro
Meldrum-Hanna: ... the back and cowering behind a sheet?
Minister
John Elferink: I didn't see that. If that's on footage I didn't see it.
Caro
Meldrum-Hanna: Well did you see the excerpt where you hear the guards laughing
and say I'll pulverise the little fucker?
Minister
John Elferink: No I did not see that.
Caro
Meldrum-Hanna: Well it did happen.
Minister
John Elferink: Well that demonstrates a lack of training. I can only respond to
those things which demonstrably say, show that there's a short coming in
training. What I do know is that when matters come to me I make sure that
they're investigated in accordance with the laws of the Northern Territory.
Dr
Howard Bath: I approached the Minister after these events of ah 2014 these
events in August um with great concern about was happening in the Youth Justice
sector and I called for a public inquiry into what was happening in Youth
Justice um. I called for that privately and publically um.
Caro
Meldrum-Hanna: And what happened to that call?
Dr
Howard Bath: Well the response of the Minister at that time is that there
didn't need to be ah ah an inquiry.
Caro
Meldrum-Hanna: Instead...the government commissioned its own, independent
report.
It
found 'poor supervision', 'immature responses by some staff', 'lack of training
and experience' and 'sloppy security' and an over reliance on confinement and
isolation at Don Dale.
The
current Children's Commissioner, Colleen Gwynne, came to her own conclusions in
her August 2015 report.
Colleen
Gwynne, Children's Commissioner for the Northern Territory: I covered it
clearly in my recommendations is um I think there was very little guidance and
leadership and and um the training was not targeted towards um good and
responsible management of young people in detention.
Caro
Meldrum-Hanna: What was it targeted towards?
Colleen
Gwynne: Use of force. Yeah
Minister
John Elferink: It was a system that needed improvement. It had, it was a system
that ah had fundamental problems which is why I've worked so hard to improve it
and it has been improved.
Caro
Meldrum-Hanna: In the wake of the tear gassing incident...after a superficial
renovation...Minister Elferink moved the children here...to the old, asbestos
ridden Berrimah jail for adults.
Despite
the then Corrections Commissioner deeming it fit for one thing only: a
bulldozer.
Since
then, we've discovered....
The
mistreatment of children has continued.
John
B. Lawrence, Barrister: He tells me he was locked down in his cell for 23 hours
a day, one hour a day to leave the cell into a little caged area.
Caro
Meldrum-Hanna: In June 2015 Barrister John Lawrence had a 15 year old client.
The boy was being kept in solitary for weeks on end...
And
was forced to eat his three daily meals with his bare hands.
John
B. Lawrence: A bit like a dog or an animal of some sort. This is barbarism,
this is inhumane, this is child abuse.
Caro
Meldrum-Hanna: Is it getting better or is it getting worse? You're at the
coalface.
John
B. Lawrence: It's getting worse. The aboriginal imprisonment rate is double now
than what it was when we had a royal commission of enquiry. The imprisonment
rate of juveniles is going through the roof. It is it is heading towards
catastrophe.
Caro
Meldrum-Hanna: Tell me what it's like in the new Don Dale which is the old
Berrimah prison?
Kenny
Rogan: Disgusting. When we first went there, there was blood on the walls,
still snot, rest in peace signs, writing everywhere.
Caro
Meldrum-Hanna: Kenny Rogan was incarcerated at the new Don Dale in January
2015. Where, he says, officers threw him to the ground - and cut his underwear
off him with a knife.
Caro
Meldrum-Hanna: What did you think when you saw that knife flick open?
Kenny
Rogan: I thought it was going to cut me because one pull and it cut my shorts
and underwear off.
Caro
Meldrum-Hanna: Were you saying anything?
Kenny
Rogan: No. I was just quiet 'cause I didn't want them to do anything 'cause it
was real dark down where they put me like way down the back.
Caro
Meldrum-Hanna: Kenny Rogan says he was placed naked in a dark, cockroach
infested cell.
He
says he spent three days in isolation.
Caro
Meldrum-Hanna: What does that do to your mind?
Kenny
Rogan: Changes it a lot. Get too used to being in the cell after a while, and
use to doing all that stuff. When you come out here into the community, it's
not right, doesn't feel right. That's why most of the boys are already back
there by a month or so, 'cause it changes your mind.
Caro
Meldrum-Hanna: Ethan Austral says he has also received brutal treatment and
kept in solitary confinement since the old Don Dale was closed.
Ethan
Austral: Yeah, I got tackled by the other workers and they held me down for
about an hour with a zip tie around my back on my wrists and a spit hood around
my face. After that they carried me down the back, put me in a cell, took the
hood off and left the zip ties on.
Caro
Meldrum-Hanna: Like this? Behind your back?
Ethan
Austral: Yeah.
Caro
Meldrum-Hanna: Inside the new Don Dale's isolation unit, the HSU, Minister
Elferink and his staff weren't keen on discussing the continued use of solitary
confinement.
Caro
Meldrum-Hanna: So would there be any young people at the moment who are being
detained in isolation I guess is how you describe it for 23 hours a day?
Minister
John Elferink: No.
Caro
Meldrum-Hanna: No.
Caro
Meldrum-Hanna: Has that happened since August 2014?
Minister
John Elferink: I don't know the answer to that question. It's an operational
question.
Caro
Meldrum-Hanna: With that our prison visit was over.
Minister
John Elferink: Thank you ma'am.
Caro
Meldrum-Hanna: Thank you.
John
B. Lawrence: If I treated my children like that, the authorities would take my
children from me quite properly so because I would be behaving cruelly to them.
There's no smudging this. You can't ... we're talking about kids that are being
shackled with handcuffs on their ankles, their wrists, their waist areas.
They're being shackled to chairs a la Guantanamo Bay. This is actually
happening in Australia in 2016.
Caro
Meldrum-Hanna: In 2016, The Northern Territory government introduced
legislation to legalise something new:
Mechanical
restraints for children.
John
B. Lawrence: That mechanical device is a chair like this and it includes or has
to it handcuffs and shackles.
Caro
Meldrum-Hanna: What do you think of what do you make of that amendment?
John
B. Lawrence: This is poison. This isn't law. This is poison. There's two words
for what's going on here, because of what they're doing to Aboriginal children,
two words: no future.
Caro
Meldrum-Hanna: Okay.
John
B. Lawrence: I'm done.
Jared
Sharp: I've seen an image of a child who's in a restraint chair um which was a
very disturbing image to see who had a hood over his head.
Caro
Meldrum-Hanna: It's affected you that image, hasn't it?
Jared
Sharp: Mmm.
Caro
Meldrum-Hanna: An image brought solicitor Jared Sharp to tears...a freeze-frame
from a video.
And
we've obtained the shocking film.
This
is what a child in a mechanical device looks like:
It's
March 2015.
The
boy in the chair is Dylan Voller. Now 17, he's been taken to the adult prison.
The
guards strap him down tightly to a restraint chair after the boy had threatened
to harm himself.
Guard:
Yep that one is fine.
Guard:
Alright you are doing well.
Caro
Meldrum-Hanna: He's left like this, alone in a cell, for almost two hours.
When
the guards return...Dylan Voller is almost catatonic.
Guard:
Are we a lot calmer?
Dylan
Voller: Yeah.
Guard:
How are you going to spend the rest of your night?
Guard:
Nice and quiet?
Guard:
Not much fun, hey?
Dylan
Voller: Nah.
Ruth
Barson, Senior Lawyer, Human Rights Law Centre: Just pacing like he's in a
cage.
Megan
Mitchell, National Children's Commissioner: That's what the boys say, they're
like animals in those confined spaces.
Caro
Meldrum-Hanna: Prior to going to air...Four Corners presented some the material
we've obtained to the National Children's Commissioner Megan Mitchell, and
human rights lawyer Ruth Barson.
Caro
Meldrum-Hanna: What have you just watched?
Ruth
Barson: Utterly inexcusable behaviour I think it's unequivocally a breach of
the Convention Against Torture and Mistreatment and a breach against the
convention on the rights of the child. And Caro they haven't just been breached
once they've as we've seen they've been breached over multiple years.
Megan
Mitchell: I just cannot imagine that anybody would treat other human beings
like that and particularly children and they are in the care of the state who
is being a proxy parent.
Megan
Mitchell: It's just what we are seeing as well it's clearly a culture of
aggression violence disrespect.
Caro
Meldrum-Hanna: The National Children's Commissioner Megan Mitchell has
inspected the New Don Dale. She's now calling for the facility to be shut down
for good.
Megan
Mitchell: Any government running these facilities should really take a good
hard look about whether this is salvageable as a facility and I don't think it
is.
Caro
Meldrum-Hanna: Now, there are calls for the Federal Government to intervene.
You
are calling on Prime Minister Malcolm Turnbull to intervene?
John
B. Lawrence: Absolutely. Stop it now. It has to stop. How can any country that
claims to be civilised have a system of juvenile detention which includes what
we've just described here? It's just untenable.
END