‘Fight club’ reports go back to 2009

An investigation into allegations of ‘‘fight clubs’’ at Mt Eden prison was motivated by prisoner safety and not a desire to target Serco, a court has been told, after it was revealed investigations into organised fighting at the prison go back to 2009.

Lawyers for the Department of Corrections have defended their latest investigation, saying it was ‘‘overly cautious and rightfully so’’, motivated by prisoner safety and not a desire to target Serco.

A Serco-initiated judicial review of a Corrections investigation report, produced following allegations in mid-2015 of fight clubs and access to contraband, began in Wellington’s High Court yesterday. The report was completed last year but not released due to the legal challenge.

Serco lawyer Hayden Wilson said the investigation had failed to cover two earlier reports on organised fighting at Mt Eden – in 2009, before Serco started running the prison, and in 2014.

The existence and findings of those reports, which were not shared with Serco until after last year’s inquiry was launched, should have been taken into consideration when judging Serco’s management, he said.

A spokeswoman for Corrections Minister Judith Collins, who was in charge of the department in 2009, said she had not been advised by Corrections of any allegations or investigations.

A Corrections spokesperson said the 2009 investigation looked into allegations of fighting and possible staff involvement but related to the old Mt Eden prison, which was closed in 2011, and not Mt Eden Corrections Facility.

A report found it was likely that some prisoners were involved in ‘‘short fights or assaults carried out in areas away from staff or CCTV cameras’’.

As the investigation found it was ‘‘unlikely’’ that staff were involved, Corrections did not tell Collins about the allegations.

Wilson said the reports were among relevant information omitted from the investigation, as its focus shifted from its terms of reference into a wider investigation of ‘‘the management practices of Serco’’.

Serco had been ‘‘wandering in the dark’’ as a result of Corrections’ failure to give it sufficient information about allegations related to the fight clubs and other problems, which could be disproven in some instances.

Early drafts of the report were ‘‘entirely silent’’ on serious allegations of an initiation ritual called ‘‘dropping’’, where prisoners were thrown over a balcony to the concrete below.

Serco was eventually provided information showing none of 90 staff members and prisoners interviewed had seen the ritual, and successfully asked for the report to be amended to reflect that.

Wilson said other statements from prisoners had been quoted in the report as fact, despite being ‘‘unsubstantiated and inconsistent with each other’’.

Serco asked for interview notes to ‘‘check patterns’’ and help its own investigations but was told by Corrections they could not be provided due to promises of confidentiality.

Michael Heron QC, represen- ting Corrections’ chief inspector of prisons Andy Fitzharris, said video footage of the fights demonstrated the need for a thorough investigation which focused on prisoner safety and not Serco.

‘‘There’s only one word that describes it, it is sickening.

‘‘That is not a criticism of anyone, but what it does tell you is ... this is not about Serco, this is about safe custody.’’

Corrections took over control of the prison in July after the allegations were revealed, and last December announced it would invoke a six-year ‘‘break point’’ in the Mt Eden contract in March 2017.