Smith objects to high security ‘for his own safety’
Convicted murderer and child molester Phillip Smith is once again claiming his human rights have been breached.
Smith is serving a life sentence for the 1995 murder of the father of a boy he was molesting.
Despite being classified as a low to medium security risk, the 43-year-old was placed in Auckland Prison’s high security west wing, which Smith says endangers his safety.
Flanked by three Prison Service guards, Smith made his judicial review submission yesterday before Justice Graham Lang at the High Court in Auckland.
Smith said being housed in maximum security has caused ‘‘stress, low mood, insomnia and considerable frustration’’.
He also said being a low-tomedium security prisoner placed in maximum security deprived him of comforts, which were ‘‘trivial’’ outside prison but essential to making prison life bearable.
Smith believes that Corrections had ignored its own Prison Operations Manual, which states high and maximum-security prisoners ‘‘must be held separately’’ from low and mediumsecurity prisoners.
‘‘Prisoners do have a clear, legitimate expectation that the department will follow its own policy.
‘‘There have been no reasons provided to me indicating a legitimate departure [from this policy],’’ Smith told the court.
If successful with his judicial review, Smith is likely to seek compensation for the Department of Corrections’ alleged breach of his human rights.
Lawyer for the attorney-general acting for the Department of Corrections, Austin Powell, argued Smith’s unusual circumstance being a low-security prisoner at high-risk of harm from other prisoners meant Corrections had no choice but to place him in high security.
‘‘We have a low/mediumsecurity prisoner who needs highsecurity protection.’’
Despite conceding maximum security was ‘‘generally’’ for ‘‘persistently violent’’ prisoners, Corrections had ‘‘no choice’’ but to put Smith into ‘‘ultra-high security’’ in Auckland Prison, Powell said.
Paradoxically, restricted maximum security visitation rights and higher guard-to-prisoner ratios meant it was less likely a smuggled-in weapon could be used
on Smith, he said.
‘‘If somebody wanted to do harm to someone in a low security prison it would be easier, the risk of a weapon getting in is greater.
‘‘It comes down to a question of judgment for a prison manager, ‘where is the best place to put a prisoner?’’’
Smith rebutted Powell’s argument stating prison rules didn’t give authorities discretion over placing prisoners outside their security classification.
Justice Lang reserved decision. his