Mokbel fight for air
DRUG lord Tony Mokbel has launched legal action against the state government and Barwon Prison claiming his human rights have been breached.
The evil underworld figure, who is serving 30 years at the maximum security facility for three counts of trafficking, alleges he has been “treated or punished in a cruel, inhuman or degrading way” because he has been “deprived of liberty … to be in the open air for at least one hour each day.”
Mokbel, 57, states there have been 18 days since August this year when he has been locked up for longer than 24 hours at a time.
In papers lodged with the Supreme Court this month, Mokbel claims this damaged his welfare and harmed his physical and mental health.
“A series of decisions resulted in (Mokbel) being locked in a cell for more than 24 hours,” the documents read.
“The Corrections Act 1986 provides (Mokbel) with an express right … to be in the open air for at least an hour each day.”
It continues that when the state government or prison decides to limit Mokbel’s rights under the criminal act, it can’t breach the human rights charter unless “proper consideration has been given.”
The legal action is against the secretary to the Department of Justice and Community Safety and the governor of Barwon Prison.
Corrections Victoria replied to the action on October 14, admitting the restrictions would cause “mental and physical health deterioration”, but said “despite the harms caused, the conditions of confinement are necessary and therefore lawful.”
Mokbel was the victim of a bashing and stabbing in the mainstream section of the prison in February 2019 at the hands of Teira Bennett and Eldea Teuira, both 21. He suffered three chest wounds, a brain haemorrhage and a fractured skull.
After several weeks at St Vincent’s Hospital, Mokbel was transferred to the prison’s high-security Melaleuca unit with a small group of inmates.
But in April he was still deemed to be a high prison target and was moved into isolation, where he has been since.
The court documents allege he was not allowed out for fresh air for four consecutive days in one particular stint in September.
Mokbel is also fighting to walk free from prison, arguing his former barrister Nicola Gobbo – Lawyer X – was snitching to police while representing him.