Prisoner wets himself
The Department of Corrections breached the human rights of a prisoner forced to wet himself because he was not able to use a toilet.
Corrections staff and prison directors have been reminded of their obligations following Peter John Hartley’s treatment.
Hartley is serving a 14-year jail term for sexual offending against teenagers between 1997 and 2008.
The crimes he was found guilty of included indecent assault, rape and intentionally making an intimate recording.
He was initially sentenced to preventive detention, but was given the 14-year sentence after an appeal.
As part of his appeal, he unsuccessfully claimed defence lawyer Greg King, who was found dead in November 2012, overcharged on legal aid.
In a February decision, High Court judge Justice Francis Cooke said Corrections had breached Hartley’s human rights in 2016.
The breach happened twice while Hartley was being transported between Rimutaka and Tongariro prisons.
He was not given the chance to use a toilet, so urinated on himself and his clothing both times.
That was despite there being a scheduled stop at Manawatu¯ Prison where he could have been given the chance to use the toilet, but was not.
Corrections did not dispute the claims and agreed there should be a declaration it breached Hartley’s rights.
Corrections said there should be a thorough journey plan prepared before inmates were moved.
Rest stops can only be done at a secure facility, such as a police station or prison.
‘‘On this occasion Mr Hartley was not provided with water or the ability to go to the toilet, as is clearly outlined as a requirement in the prison operationsmanual.’’
Prison directors and staff had been reminded of their obligation to ensure inmate welfare and wellbeing.