Tattoo removal changes life for prisoners
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A defendant faced a three-week trial without underwear after court security stopped his lawyer from handing over the garments, still in their packaging.
Lawyer Jonathan Hudson was about to defend his client at a three-week trial and arrived at Manukau District Court with a pair of underwear for him, still in its packaging.
But a court security officer prevented Hudson from giving the package to his client, saying it had to go through security at Mt Eden Prison, where his client had been held on remand for more than two years.
Hudson raised the matter with Judge Soana Moala shortly before the child sex abuse trial began.
The judge did not accept the guard’s explanation, and allowed the prisoner to have the underwear.
‘‘We’ve got a three-week trial … that’s just outrageous.’’
Hudson told the Sunday StarTimes prisoners frequently go without underwear.
He recently visited an Auckland Prison at Paremoremo client who is a month into a four-year jail sentence.
‘‘He’s still got one pair of underwear, the pair he went in with at the end of January when he was sentenced.’’
He says Corrections have an obligation to provide prisoners with basic clothing, including underwear. Often lawyers provided clothing for their clients ahead of a trial, especially a clean shirt.
A Corrections spokeswoman said most prisoners bring their own underwear and socks to prison but the department does provide underwear on request.
‘‘There may be occasions, depending on demand, when our reserves of these items diminish.’’
Human rights lawyer Craig Tuck says it’s a basic human dignity to have clean underwear and a shirt but sometimes security guards stop lawyers from passing clothing to their clients in court, prompting judges to intervene.
He says it is particularly important in jury trials where an accused is often subject to greater scrutiny.
Chief District Court Judge Heemi Taumaunu says judges are committed to ensuring defendants get a fair trial and that their rights under the New Zealand Bill of Rights Act are upheld.
‘‘It follows that any matter that has the capacity to affect these essential and basic principles is to be avoided.
‘‘While appearing in ‘prison clothing’ is appropriate for court appearances in the nature of case management, the view of the District Court is that such clothing should never be worn during a jury trial in order to ensure: observance of all of the principles referred to above; the integrity of court processes; and natural justice.’’
Corrections chief custodial officer Neil Beales says prisoners awaiting trial are provided with two T-shirts, two sweatshirts, shorts and track pants and can have other clothing from home but it has to be authorised. Gang colours are banned.
They can also receive suits
and shirts ahead of court appearances.
‘‘Clothing for a court hearing must be delivered to the prison prior to the hearing. All prisoner property, including clothing, must be pre-approved before being sent to, or delivered, to prisons, and there are limits on the size and quantity of many items.’’
He says the pre-approval process is for security reasons and all clothing is registered in case there are claims of theft.
Lawyer Sue Gray tells her clients to wear three pairs of undies if they think they’re about to get arrested.
She runs a programme called Shirt on Your Back, which provides clean shirts to defendants, usually prisoners who have no other support, ahead of court appearances.
She agreed security guards often prevented lawyers giving clothes to clients but in her experience, judges always intervened.