Compensation award for two prisoners follows wrongful strip search

AUCKLAND: Two of the country’s most highprofile prisoners have been awarded $1000 each in compensation after a wrongful strip search.

About 200 prisoners, including Arthur Taylor and Phillip John Smith were stripsearched in Auckland Prison in October 2016 after a group of inmates attacked staff.

Four prisoners in C block of the division attacked prison officers, leaving one requiring hospital care. Two of the prisoners were armed with shanks.

Taylor and Smith did not take part in the assault — both were situated in A block — but were among those searched in the bid to find weapons and home brew.

‘‘Neither has a history of violence,’’ Justice Mary Peters said.

‘‘Neither has ever been found to be in possession of a weapon.

‘‘Neither has ever been associated with a gang.’’

The plaintiffs were embarrassed and humiliated, she said.

The strip searches of Taylor and Smith on October 21, 2016, were ‘‘unlawful and unreasonable’’, in breach of the New Zealand Bill of Rights Act 1990.

Justice Peters ordered the Attorneygeneral to pay Taylor and Smith compensation of $1000 each.

However, as litigants in person, the plaintiffs were entitled to recover costs only in exceptional circumstances.

‘‘This case is not exceptional. However, I do award reasonable disbursements.’’ — NZME