Report shows court cell problems

AS a vicious attack went on in the Dunedin courthouse cells, Corrections officers had to peer through a scratched Perspex pane to make out what was happening.

Three Otago Corrections Facility inmates — Wade Bartlett (33), Jahmyn Inia (25) and Hawi Kingi (22) — had been transported to the court on the morning of June 8 after they attacked another prisoner in the exercise yard two months earlier.

At 8.50am, while awaiting their appearance before a judge, the gang members turned on each other.

Corrections officers had given the men a cup of coffee and had returned to the smoko room when they heard a ‘‘strange sound’’, documents released to the Otago Daily Times under the Official Information Act showed.

When staff got inside the cell, they saw Bartlett kicking and stomping on Kingi’s head and chest.

‘‘Prisoner Bartlett was given direction to stop and move away by both Corrections Officers, it took some time for [him] to comply, having a final kick to Prisoner Kingi’s head before stopping,’’ an event review said.

Inia was also believed to have been involved in the attack on the Mongrel Mob prospect but he was not seen landing any blows, partly due to the state of the window.

‘‘The poor condition of the cell door glass would have impacted on the ability to reliably witness actions of both perpetrators as you approach the door. It is only when you are positioned at the door can you find a spot on the glass to view the interior properly,’’ Corrections’ report said.

Officers had identified the problem and requested replacement panes four months before the incident.

Ministry of Justice commercial and property general manager Fraser Gibbs said funding had been approved in June and the replacement glass installed in October.

The delay came because of the limited supply of special ‘‘antiscratch glass’’, he said.

The episode also highlighted the need for CCTV to be installed in the cells and Mr Gibbs confirmed that work was also completed in October.

‘‘It is not clear whether the assault sped up the process of the CCTV being installed in the court cells, however this has now been done and will be a valuable tool for safety and security,’’ Corrections’ report said.

Kingi was unconscious and taken to hospital by ambulance, accompanied by two officers.

The gang prospect was later jailed for two and ahalf years on top of his current term for the original pack attack.

Inia got two years, which he will serve without parole because the prisonyard assault was his secondstrike offence.

Police did not charge him over the courthouse cell incident.

Later, in the High Court at Christchurch, a judge declined to sentence Bartlett to preventive detention and instead imposed seven years’ imprisonment.

‘‘In speaking with the above staff they do not believe they would have or could have done anything additional to stop the [cell] assault,’’ the review said.

‘‘It appears there has been no indication on why the victim was attacked by his associates.’’

Since the incident, the court’s senior Corrections officer advised bosses he and his police counterpart had developed a ‘‘more thorough approach’’ in managing prisoners and offenders in the cells.

A MOMENT of anger ended in a conviction for a man who damaged and kicked a table towards a police officer last year.

Xavier Kostas Sardiello (21) yesterday pleaded guilty in the Invercargill District Court to charges of assaulting a police officer on duty, driving a car in a dangerous manner, failing to comply with a police request to stop, driving while his licence was suspended and intentionally damaging the interview table and wall of a New Zealand Police interview room.

Police prosecutor Sergeant Rob Mills told the court Sardiello was driving his car in Brown St on February 27 while his learner’s licence was suspended.

He failed to stop for police and a pursuit began.

‘‘The chase had to be abandoned due to the defendant’s manner of driving,’’ Sgt Mills said.

Sardiello was driving at 180kmh and he crossed the centre line of Mason Rd several times.

The car was located hours later, at the New World car park in Elles Rd and he was arrested.

During an interview at the Invercargill Police Station, he tipped over the table and kicked it towards the police officer, striking and knocking him against the wall.

Sardiello lost his balance and stumbled backwards into a wall, leaving a hole.

‘‘The defendant stated that he didn’t stop for police because he did not want his car to be impounded,’’ Sgt Mills said.

Duty lawyer Rachael Adams said the defendant said he had apologised to the officer involved.

‘‘He made a poor decision and is aware of that.’’

Judge Bernadette Farnan said it was ‘‘not the way to behave’’.

Sardiello was sentenced to 160 hours’ community work and ordered to pay $1212.41 in reparation.

He was disqualified from driving for 12 months.