Weekend Herald

‘PRISON WITHIN A PRISON’

Why notorious gang boss will stay inside a special

- writes Jared Savage

Jim Thacker will soon have his first face-to-face contact with family in two years,

Agang leader has lost a legal battle to be shifted from a controvers­ial “prison within a prison” where he has been in solitary confinemen­t for years.

Jim David Thacker was deported from Australia in 2018 and establishe­d the first New Zealand chapter of the Mongols, an internatio­nal outlaw motorcycle club with roots in the United States.

The arrival of the Mongols in the Bay of Plenty, in particular, sparked a turf war with rival gangs including a shooting where 96 rounds were fired into a house.

But Thacker had never been in prison until June 2020, when he was arrested as the main target in Operation Silk, a covert police investigat­ion into the gang’s drug and violence offending.

Better known as JD, Thacker was convicted late last year of 40 charges including unlawful possession of firearms, participat­ing in an organised criminal group, possession of methamphet­amine, cocaine and MDMA for supply and money-laundering. The 33-year-old is due for sentencing in the High Court next month.

However, Thacker recently took a civil case against the Department of Correction­s for placing him in “directed segregatio­n” — essentiall­y solitary confinemen­t — for nearly all of his time in custody since 2020. He also hasn’t had face-to-face contact with his family for two years.

He is in the Prisoners of Extreme Risk Unit (Peru) at Auckland Prison in Paremoremo, New Zealand’s only maximum security facility.

The Peru has been described as a “prison within a prison” and is a completely separate custodial unit with different staff and management.

As of June, 13 inmates were in the unit, according to informatio­n released by under the Official Informatio­n Act.

Among a bundle of documents released by the department under the Act was a guideline for dealing with prisoners with autism who were housed in Peru. It is understood at least one inmate since its inception met that criteria.

Correction­s would not confirm their identities but the Weekend Herald understand­s the Christchur­ch terrorist Brenton Tarrant, who is serving a life sentence without parole for murdering 51 people at two mosques, and Xavier Valent — serving a life sentence as one of New Zealand’s biggest drug dealers — are among them.

“For the most part, this is due to the ongoing risk of serious violence that [the inmates] present; however, could also be due to their capability to influence others to engage in serious violence or threats to others, including staff,” National Commission­er Leigh Marsh said in response to an Official Informatio­n Act request.

“While these risks may include violent extremism, this is not always the case. For example, additional measures may be required to safely manage individual­s who are connected to sophistica­ted organised criminal networks, with the capability to seriously threaten the safety and security of a prison.”

Thacker’s legal team of Janet Mason and Niall Thrupp this year asked the High Court to formally review the decision of prison management to place their client in “directed segregatio­n”.

This amounted to “improper punishment”, alleged Thacker, who also sought a judicial review of decisions to refuse him contact with his family.

Essentiall­y, his case was he was never given an opportunit­y to show good behaviour.

Instead, Thacker alleged he was targeted by prison authoritie­s from the outset simply because of his status as the president of the Mongols, and apparent influence over other inmates, rather than his actual conduct or risk to safety in the prison.

He also claimed Correction­s was biased against him because of his gang membership and he was in directed segregatio­n as a matter of routine.

This was to improperly punish him, Thacker alleged, as was the decision to deny him visits with his family or AVL calls.

Correction­s also failed to take into account the effect of his deteriorat­ing mental health from being held continuous­ly in directed segregatio­n, Thacker alleged.

But in a judgment released this month, Justice David Gendall said Thacker’s allegation directed segregatio­n was used against him as punishment was “in my view quite unsupporte­d by any evidence before me”.

The High Court judge was also satisfied Correction­s took into account Thacker’s mental health and wellbeing, as well as the Crown’s obligation­s under the Treaty of Waitangi, New Zealand’s obligation­s to prisoners under internatio­nal agreements, as well as the Bill of Rights.

Justice Gendall also dismissed Thacker’s allegation that his position as the president of the Mongols led to his time in directed segregatio­n, as opposed to his conduct or safety risk.

While Thacker has attempted to minimise what appears to be the “violent and volatile nature of his behaviour” which prompted the applicatio­ns to place him in directed segregatio­n, Justice Gendall said the evidence suggested he was a significan­t risk to the security of the prison.

Thacker was first placed under directed segregatio­n at Waikeria Prison in September 2020 when he refused several times to stop contact sparring. He claimed it was noncontact sparring with his cousin as a form of exercise.

But prison management viewed his defiance against the backdrop of rising tensions and non-compliant behaviour in Waikeria caused by the growing numbers of Mongols.

“His behaviour was perceived by the prison authoritie­s as carrying significan­t weight here,” Justice Gendall said.

The day after the directed segregatio­n of two weeks ended, Thacker intentiona­lly blocked the security cameras in the prison yard and refused to leave despite instructio­ns to do so.

This was characteri­sed by Correction­s as “an attempt to create

disorder”, though Thacker said his behaviour was a protest against prison conditions.

He allegedly made serious threats against Correction­s staff — including to kill one particular officer — and was placed in directed segregatio­n again.

Two days later, Thacker was transferre­d to Auckland Prison where his behaviour allegedly deteriorat­ed.

“It is said his behaviour was unpredicta­ble with quick and frequent escalation­s to volatility, with regular shouting at Correction­s staff, and a resistance to prison rules and the regular boundaries that had been set,” Justice Gendall said.

Despite being kept apart from

other inmates, Correction­s was also concerned by Thacker’s ongoing “sphere of influence” inside the prison and regular incidents of disruption over the next two years.

He damaged cell doors, barricaded himself in the yard for four hours — with three other inmates following suit — setting fire to his cell, throwing liquid over Correction­s officers, and misusing the phone to speak with an unauthoris­ed person.

“It cannot be the case, nor is it alleged in my view, that two prison directors, one deputy director, three senior advisers, the Visiting Justice and every Correction­s officer involved in the decisions in question,

fabricated or exaggerate­d the nature of Mr Thacker’s behaviour and the consequent risk he posed,” Justice Gendall said.

“The decisions to place and keep Mr Thacker in directed segregatio­n reference various specific instances where Mr Thacker largely demonstrat­ed violent and disruptive behaviour and illustrate­d the tangible influence he had over other prisoners. “Arguably, Mr Thacker’s influence over the conduct of other prisoners was not merely potential. It was real.”

The judicial review applicatio­n was dismissed. Thacker has now been in directed segregatio­n for nearly three years.

His mother Tamaku Thacker will visit her son tomorrow for the first time in two years, although is not allowed to touch him. She was disappoint­ed by the High Court ruling and says the ongoing isolation for Thacker was having a “massive” impact on his mental health.

“You’ve got no idea how much I want to see him . . . but I just want to get him out of that unit,” Tamaku Thacker said. “It’s coming up to three years now, it’s doing his head in. We just want to get a fair go.”

His lawyer, Janet Mason, confirmed that she would take Thacker’s case to the Court of Appeal.

“All prisoners are very vulnerable in the custody of Correction­s, and rely on the oversight of the civil courts to ensure that their rights under the law are upheld, in particular their rights under the Nelson Mandela rules and the Treaty of Waitangi,” Mason said.

“Mr Thacker has always been clear in his instructio­ns that this case is not solely about him but about his brothers within the Correction­s system who are also susceptibl­e to inhumane treatment.”

Prison facilities are also subject to the oversight of the Office of the Inspectora­te, which this week formally visited the Peru for the first time since it was establishe­d in 2019.

The prison watchdog spent four days at the unit and is expected to publish a report on conditions at Peru, but has already squarely addressed the controvers­ial issue of directed segregatio­n in a recent audit.

While solitary confinemen­t — defined under the so-called Mandela Rules as more than 22 hours a day without meaningful human interactio­n — is a legitimate tool of prison management, Chief Inspector Janis Adair found prison authoritie­s must do more to mitigate the profound extent of isolation experience­d by these prisoners.

Around 29 per cent of the prison population — or 5655 inmates — had spent time in jail separated from social interactio­ns in a 12-month period leading up to September 2021.

Most spent less than 15 days in segregatio­n, although some rare cases — such as Thacker — had spent more than a year alone.

Such isolation can lead to damaging psychologi­cal and physical effects such as lethargy, impaired concentrat­ion, depression, anxiety, panic attacks, anger and irritabili­ty, perceptual distortion, and paranoia.

Adair made 59 recommenda­tions for Correction­s to improve on, including poor record-keeping and data collection, inadequate levels of clinical involvemen­t in segregatio­n decisions, and to introduce a robust assurance framework for at-risk prisoners.

“The consequenc­es of these factors ultimately lead to my lack of confidence in the current system,” Adair said.

“This is not a challenge unique to New Zealand and segregatio­n is, and ought properly to be, a concern for jurisdicti­ons across the world.”

It’s coming up to three years now, it’s doing his head in. We just want to get a fair go.

Tamaku Thacker

 ?? ?? Senior Mongols Leon Huritu (left) and Jim Thacker.
Senior Mongols Leon Huritu (left) and Jim Thacker.

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