Manawatu Standard

Prisoner wets himself

- Jono Galuszka

The Department of Correction­s breached the human rights of a prisoner forced to wet himself because he was not able to use a toilet.

Correction­s staff and prison directors have been reminded of their obligation­s following Peter John Hartley’s treatment.

Hartley is serving a 14-year jail term for sexual offending against teenagers between 1997 and 2008.

The crimes he was found guilty of included indecent assault, rape and intentiona­lly making an intimate recording.

He was initially sentenced to preventive detention, but was given the 14-year sentence after an appeal.

As part of his appeal, he unsuccessf­ully claimed defence lawyer Greg King, who was found dead in November 2012, overcharge­d on legal aid.

In a February decision, High Court judge Justice Francis Cooke said Correction­s had breached Hartley’s human rights in 2016.

The breach happened twice while Hartley was being transporte­d between Rimutaka and Tongariro prisons.

He was not given the chance to use a toilet, so urinated on himself and his clothing both times.

That was despite there being a scheduled stop at Manawatu¯ Prison where he could have been given the chance to use the toilet, but was not.

Correction­s did not dispute the claims and agreed there should be a declaratio­n it breached Hartley’s rights.

Correction­s said there should be a thorough journey plan prepared before inmates were moved.

Rest stops can only be done at a secure facility, such as a police station or prison.

‘‘On this occasion Mr Hartley was not provided with water or the ability to go to the toilet, as is clearly outlined as a requiremen­t in the prison operations­manual.’’

Prison directors and staff had been reminded of their obligation to ensure inmate welfare and wellbeing.

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