Facebook funeral tribute costs counsellor his job
Corrections acted unlawfully when it kicked an addictions counsellor out of Spring Hill prison, making him lose his job, after staff saw pictures of him at a gang member’s funeral.
The counsellor had been out of gang life and prison for 30 years but the High Court, in a recently released decision, ruled Spring Hill Corrections Facility’s move to end Paul Tukunoa Sweeney’s specified visitor approval, was unreasonable, unlawful, and impinged his mana.
Sweeney worked for CareNZ as an Addictions Counsellor at Spring Hill Corrections facility.
He was first granted visitor permission in October 2014.
Sweeney has a criminal past, the judgment noted, but used his own experience of significant criminal convictions from 1975 to 1991, and many years of gang life which he left behind in 1991 to become a drug treatment counsellor from 2014 to 2016.
This meant he had to cut connections with family and friends which he said meant it ‘‘has been a lonely journey’’.
He is now ‘‘30 years drug and alcohol free and out of prison’’.
In April 2016, Sweeney’s visitor approval was revoked due to concerns that he maintained an active association with the Mongrel Mob, and that he also did not provide a satisfactory explanation for his visit to a self-care unit.
However, Sweeney and his employer CareNZ provided explanations that he did not have active association with the gang. And he thought he had permission to visit the self-care unit to pray with an outgoing prisoner.
The judgment noted from October 2014 to April 2016, Sweeney worked at Spring Hill without incident, generally eight-hour shifts, five days a week.
‘‘I want to help and be a role model for the inmates in prison. In my role with CareNZ at [Spring Hill], I tried to show the inmates that there is help available, they can change their lives, rehabilitate, stop offending and lead a normal life, perhaps even help others along the way,’’ Sweeney submitted.
Sweeney contended he was producing results.
‘‘I came from the same place as the inmates I was trying to help. I could speak their language. I had faced the same setbacks and discrimination by the Justice system and Corrections.
‘‘They were able to see that drugs and offending and gangs did not have to be a life-long choice. My story offered the inmates hope.’’
In March 2016, a Corrections Intelligence Analyst at Spring Hill noticed Sweeney in a self-care unit within the prison.
She then found Facebook posts by Sweeney involving the Mongrel Mob, which she emailed to another Corrections staff member.
The analyst included in the email two Facebook posts by Sweeney referring to the deaths of two old friends of his, Roy Dunn and Ike Miringaorangi, who had been Mongrel Mob members.
One post included a picture of a bulldog and another included the phrase ‘‘[t]he Bulldog has gone Travel well my brother’’.
On April 5, prison director Christopher Lightbrown ‘‘initiated a temporary site ban’’.
Sweeney said he was devastated by the decision to revoke his visitors pass as it meant he could no longer work at CareNZ.
The decision said Corrections’ explanations of the reasons for the decision have been inconsistent and changed on several occasions.
The court awarded costs to Sweeney.