Inmate wins claim for work release
Murderer and former fugitive Phillip John Smith has won a court victory after complaining about a prison release ban.
In a new judgment, Justice Sally Fitzgerald said that Smith’s escape to Brazil in 2014 caused his jailers to reconsider policies about temporary releases.
Although some elements of Smith’s case were dismissed yesterday, the court found release to work (RTW) circulars were unlawful.
‘‘Through several guidelines issued in the wake of his escape, the availability of temporary release to prisoners more generally . . . was curtailed for an extended period,’’ Justice Fitzgerald said.
Smith wanted a review of those guidelines.
‘‘The essence of his application is that the guidelines took a ‘blanket’ approach to applications for temporary release and as a result, unlawfully excluded from consideration for such release certain classes of prisoners statutorily entitled to be so considered,’’ the judge added.
In the High Court judgment, Justice Fitzgerald said the temporary release circulars that Smith complained about were unlawful.
High-profile former inmate Arthur Taylor believed it would cost Corrections tens of millions of dollars to repay the wages lost by prisoners.
‘‘I wanted to take the case myself, but we came across a thing called standing, where you have to be directly affected,’’ he told Stuff.
That was when Smith came in. ‘‘He was affected by it, that was enough,’’ Taylor said. ‘‘It was my baby, so I’m rapt about it. I knew it was going to win.’’
Taylor said inmates had been off work since November 2014, and the numbers working were still not back up to previous levels. Not only were there ‘‘serious consequences’’ for prisoners not being able to work but employers lost valuable workers too.
Taylor believed lawyers would start filing for compensation for potentially hundreds of claimants.
Corrections was approached for comment.
Smith is serving a life sentence for murder. Justice Fitzgerald said he became eligible for parole in 2009 but was not granted release. He fled the country in 2014 and was captured in Rio de Janeiro.