WIT.0083.0001.0001
Statement
Name:
Address known to the Royal Commission
Address:
Date:
2017
This statement made by me sets out the evidence that I am prepared to give to the
Royal Commission into the Protection and Detention of Children in the Northern
Territory (Commission). This statement is true and correct to the best of my
knowledge.
This statement is based upon my memory and having been shown some of my
records from the time I was in the Don Dale Youth Detention Centre (Don Dale) at
Holtze and the Don Dale at Berrimah.
This statement has been prepared on the basis that the Commission will issue a Notice to Produce under s. 2(3A) of the Royal Commissions Act 1902 (Cth) for the production of a signed copy.
l make this statement in a Statutory Declaration form in the Northern Territory of
Australia. This statement complies with Part 4 of the Oaths Affidavits and Declarations Act (NT).
5. I solemnly and sincerely declare the following:
Background
6. My name is
My
Mymum,
mum,
7. My
now resides
i
name is I was born inMMM"E"MME
l haven’t met my dad,
I have~ brothers and sisters ! boys and~girls). I am the eldest. I am close with
my siblings.
I am the only one of my brothers and sisters who has been in detention.
I have never been in care. My brothers and sisters have never been in care.
for one year then mainly lived in
my mum until I was 12.
Signature of person giving
Signature of witness:
l lived in
WIT.0083.0001.0002
12. l was back and forth from~ to here. I have been to~ a few
times. Last time was in 2014 for a family reunion. Everyone went.
13. Iwentto ’ ’ ’
’ ’’ _and
14. Iwentto ’ ’’_
" ’ ’ in_
’ ’ inDarwin.
-~ ~
for one month.
15. l have been living between my nana’s and uncle’s house. I was good with Nana. She
took care of me. I was good with my uncle. I have no problems at home. I am
loved and supported.
Trouble with the law
16. The first time I did something wrong I shoplifted chocolates from the shop. I was 12
or 13. I got caught by the shopkeeper. I can’t remember if the police came.
Things kept going up and up from there.
17. l got arrested for minor stuff like trespassing. One time I remember was for going
for a swim in a pool in a caravan park. When I was arrested I wasn’t searched or
interviewed by police but I think they called my mum.
18. The first time I was in real trouble with police was inM for armed robbery.
I was 13 or 14. I was thinking about doing it for about a week then I did it. I got
money from the servo. I had a knife from my mate’s house. I told my mate I was
going to do it. I went by myself to try it and get money to buy clothes.
19. Police caught me because I had been in the servo the week before that wearing the
same hat and shirt. They came and asked me about it at my house. The police officer arrived and I was nervous. When t was arrested I was searched and I was interviewed by police. Mum was there when I was interviewed.
20. I was remanded for one week. Then I got bail. I was sentenced to 16 months good
behaviour and the sentence was moved to the Northem Territory.
21. I came back to the Northern Territory when I was 14.
22. When I came back to the Northern Territory I went out with my friends most nights.
We were bored and wanted money.
I was working with rny uncle in construction. I had already left school.
l left school in--when I was 14. I was in year 9. I didn’t like school. I did like
all kinds of sport at school. All my mates did the same thing (leaving school) so I
did it too.
Signature of person giv" this statement:
Signature of witness:
WIT.0083.0001.0003
25. From the age of 13 up my family didn’t make me to go to school.
26. I was 13 years old when I first had cannabis, cigarettes and alcohol.
27. l was 16 years old when i first had ice and pills. I don’t want to use drugs. Ice is
bad.
28. Three months after I came back to the Northern Territory I got in trouble forE
~ with my friends.
29. They posted a picture of me on crime stoppers. I was 14. They brought me in and
I admitted to the charges and I got bail. Uncle took me home then. My Nana
seemed okay about it.
30. My first time in detention in the Northern Territory was about a month after the
robbery. I had my 15th birthday in detention.
31. I went straight into Holtze. That’s where the
moved out of the old Don Dale. It was about
were because they had been
32. The first time I was transferred to Berrimah, the new Don Dale, was in December,
- I knew everybody there. I was remanded
for breaching ball and unlawful entry offences. I was in G block which is shut down
now.
33. l spent Christmas~ in Berrimah and was in detention for about 9 monthsthat
time.
34. I was released in May / I spent 5 months out.
35. Then from
for 4 montl
l was in detention and was in detention
36. I was released in February and was out for about 1 month.
37. FronE to now t have been in detention which has been 8 months. t have
[]months to go until I am able to apply for release on Parole in~ 2017.
38. I am in Don Dale now. I was in the High Security Unit ("HSU"
39. I want to break the cycle.
40. I am planning to go to same place as my friend who has also been in
trouble and in Don Dale with me. He and I live near each other in~ He
has been living there and has been out of trouble for a couple of years now. I want
to go and live there and stay out of trouble too.
Signature of person giving this statement:
Signature of witness:
WIT.0083.0001.0004
My Story
Threats
41. While in G block in me, , ,- ,
Eand others were in our rooms. We kept buzzing intercom asking for stuff.
The guard was getting annoyed and he started talking shit to us. The guard’s name
wasM I don’t remember his last name.
42. The guard went into~ room and threatened to bash him. He came to
me and ~and threatened to open the door and bash us one at a time.
43. Nightshift came and interrupted him so he didn’t end up doing anything.
Encouragement to Fight
were offered bribes by
44. In G block, also around
the same
guards to have fights. i
had a fight where
and
there was no CCTV and two guards gave them chocolates and a drink for doing it.
~andMwere hesitant at first because didn’t know if it was a ’oke.
T re were other people watching the fight,
It was at recreation time around lunch time. The guards didn’t have theThe guards didn’t have the
food with them at the time. I think they went and got it during their break from
the vending machine.
~i~
455.. O Onnee guard Jessie Palau on the same day picked~ up and dropped him on his
head and hit him with the bin.
46. From when I first went to Don Dale until now, the guards ask us to fight people for
food and drinks. I can remember some of the guard’s names who do this: Jessie
Palau and~ I don’t remember~ last name.
47.
~b
sked me to fight a lot of people but mostly they want everyone to fight
because they hated~ because he always got cheeky.
48. Even if we were friends they would ask us to fight each other because they were
bored.
49. On about
nose.
50. l had one fight withM~. The
The guards were Jessie Palau and
was
fight:
Signature of person givi this statement:
Signature of witness:
got hit by one of the guards; he had a swollen
gave me a chocolate bar and Powerade.
The fight was in G Block when everyone
same people were watching the
WIT.0083.0001.0005
51. Boys used to fight in G Block because there was no CCTV in G brock.
52. About a year ago in HSU the guards asked me to fightE! for a packet of cirettes. I remember the guard who asked me to fightE was calle I
was getting out in a week so I said no. I’m not sure if other people know about this
time.
53. The Berrimah uards asked another kid to fight ~ after I said no. I think it was
or~. I think this because I sawing] with cigaeither
rettes.
Inappropriate Behaviour
54. I saw guards watching porn on the internet, I don’t remember the names of any of
the guards. I also saw guards watching videos of detainees fighting and detainees
being taken down by guards. I remember seeing this in late 2015.
55. Some guards had favourite detainees. They were the detainees who had fought
someone that the guards didn’t like.
Assaults & Restraints
56. In
2016, I was in back cells in HSU.
57. I blocked the camera with toilet paper.
58. Two Berrimah guards came in swearing at me saying: did you block the camera?
59. They slammed my head against the wall and said something smart.
60. The guard called said: unblock the camera and stood back and punched me
in the chest, then he left. Another guard was there but I don’t remember their
name.
61. Sometimes when the guards restrain us, they slam our heads into the ground. They
pick us up by our hair and knee us in the back and head.
62. They use handcuffs a lot. I recall being handcuffed 5 or 6 times. They handcuff us
behind our backs and hold our head and face to ground so we have no control over
our body. They then siam our heads into the doors and door hinges and say "sorry"
sarcastically and faugh. The same guard,~ does this.
Signature of person gi
Signature of witness:
this statement:
WIT.0083.0001.0006
63. I remember one
ht I was taken to the back cells
weeks there from
That night was the time that g
slammed my head
into the dooL He also put a boot in my back and stood on my ankles. That night
~and dragged me to the back cells. When we got to the cell I was told
to lie down. I couldn’t move because of the restraint behind my back and because
my head was being pushed down. They lifted my feet and slammed my head on
the ground.
64. I can recall being physically restrained about 10 times. The guards, mostly just the
ones I have named, abuse what they can do. The main ones were ~
65. When I am handcuffed they put a boot on my back and ankles because that is
painful.
66. I was stripped naked by most guards in the back cells. Some of the times I was
stripped was when I was in the back cells for 6 weeks from
One time
in HSU I was woken at 6am for a strip search. I was taken to
celL I asked
to see the boss - the superintendent - about why. The
was the shift
supervisor and he did the personal strip search. The
and another
guard whose name I can’t remember did the search of my room.Nothing was
found.
67. l was put in a chokehold twice. f can’t remember which guards did that. The first
time was after I had been in a fight. I was tackled to the ground. I was put in a
chokehold and I couldn’t breathe. The second time was when I was in the back
cells for 6 weeks from
68. l was often tackled to the ground. If you had a shirt on they would use your shirt to
throw you to the ground. If you had no shirt on they would tackle you to the
ground.
69. One time after I was tackled to the ground my arm had a piece of wire in it and it
swelled up. I can’t remember which guard tackled me that time.
70. l saw my family usually every 1-2 weeks. There was one point from ~
when I wasn’t allowed visits for 10 weeks. I was not told why. I think my mum
tried to find out why.
Conditions
71. At one time I was kept In back cells for 6 weeks from
72. This meant 23 hour lockdown in my cell.
6
Signature of person
Signature of witness:
WIT.0083.0001.0007
73. It is always hot in there, sweaty and no breeze.
74. It is so hot that I can’t get to sleep. I spent 6 weeks with no ventilation or fan or
air-con.
75. There is no air conditioning in any of the jail. I think they are installing it now.
There is a toilet, fan and TV in every room.
76. In HSU there are 3 stages. Stage 1 there are no privileges. There is one non contact 1/2 hour visit per week. You only get one hour out of your cell. There is no
TV and sometimes no fan. It is up to staff discretion. If you go one week without
any incidents then you move to stage 2. Stage 2 you are locked down from 3pm.
You get a TV and fan. You get 1 non contact 1 hour visit per day. If you go one
week without any incidents then you move to stage 3. Stage 3 you are locked down
from 5pm and you get normal 1 hour contact visits daily.
77. There is never enough food. There isn’t enough variety either. The sandwiches
come from the adult jail and they are wet by the time we get them. Sometimes
the milk is curdled.
For recreation we do basketball, football and we have a pool table.
Sometimes for recreation the girls in detention are in with the boys. It depends on
which shift supervisor is in charge.
80. The cells are often dirty. If you move into a cell after someone there might be spit
on the walls already. You have to clean it yourself. You get a blue cloth and spray
and wipe to clean it.
81. There is a tap and a sink in each cell but the water is not good. It stinks like bore
water.
l was only ever in a
cell
by myself. I heard other people shared.
There were only cameras in the back cells 1-6.
School
84. I am now attending school because I have reached a lower classification and have
been taken out of HSU.
85. I was kicked out of schoolB for pushing a teacher. I was released from detention and when I came back I was still expelled.
7
Signature of person giving this
Signature of witness:
WIT.0083.0001.0008
86. Before I got expelled school went from 8.30-2.45. The work was too easy. I didn’t
like school and I didn’t like the teachers. There were 10 students in the class.
When I was in orange shirt there’s no school.
They gave me work booklets and I did them for about a week and got frustrated
because I had no feedback or help or marking. I did some of it but I wasn’t provided with things I needed. When my pencil got blunt I wasn’t given a sharpener or a
new pencil. When the work needed a dictionary to complete I wasn’t given a dictionary.
89. When I was expelled I wasn’t offered any other training instead.
Treatment of other Young People
90. WNNINWHKEWH nearly had his hand broken~l
Holtze inteillit.ilstasulenn.mn.m I saw
guards. ’’ was screaming asking them to
him dragged past my window by 6
let
go of his hand. Straight after guard Jessie Palau said "Did you hear that shit?" We
went to medical and his muscle was torn.~ told me that Jessie Palau was one
of the guards in his cell.
91. In HSU in ’ ’ ’ ’
’ ’ ’ was handcuffed and on knees
and one guard, called~ ran up and jumped up and kneed him in the
head. I didn’t see it but~ told me about it later, I asked him if he was going
to charge~ and he sal’d~h.a~ him "If you don’t charge me I
won’t charge you." The guards had come to~ room because he had blocked
the camera.
92. There is a guard, Yogi (he looks Indian), he is still working here, and he always bullies and teases everyone. One day a kid called ~was crying because of something Yogi said to him. He said: what’s wrong with you? There is something wrong
with your head. They should put you in Cowdy Ward! This made~ cry. This
happened in M Block in the recreation area.
93. The same guard has said things to~and~ like "I’m going to stab you
and run you over" and "I’m going to bash you when you get out." He asks people
"What is your release date?" and then says these things about bashing them.
Classification
94. When I arrived in detention no one explained the classifications. l figured it out
from other detainees.
Signature of person giving this
Signature of witness:
WIT.0083.0001.0009
95. The classifications are red=high, orange=medium, green= low, blue=lower and yellow= lowest.
96. If you are in HSU you can still go to school but it is a separate school just for HSU.
97. Recently, in early November, I was re-classified and achieved a lower classification
of a green shirt and was moved from HSU.
98. While I was in a green shirt some guards were putting in reports about my actions
that were exaggerated.
99. I told the superintendent Vic Williams about two reports. He said he will look into
it.
100.One example of an exaggerated incident was when I had a visit on Sunday. The officer came and said the visit was over. I said one minute just let me say goodbye.
101 .The officer then again asked me to finish the visit.
102.1 said again just give me a minute to say goodbye. I then hugged my friend then
went back to my room.
103.I found out later that the officer put in a complaint about me saying I fronted up
and threatened him. I didn’t.
104.1 told Vic to look at the footage and he wilt see that t didn’t do what he said 1 did.
105.That’s one of the reasons why I got reclassified to an orange shirt and lost that low
classification.
106.Other reports have been exaggerated too, but that is my example.
Medical treatment
107.1 got medical treatment if I had an injury I could show. If I said my chest was hurting nothing would happen.
108.1 saw a psychologist called Rebecca Dale. I think she was from the jail. I saw her
twice a week for 3-4 months. She was alright. It was when I was in HSU.
109.1 was never given any medication in detention.
Signature of person giving this statement:
Signature of witness:
WIT.0083.0001.0010
Complaints
110.1 have put in between 5-10 complaints. You fill out a complaint form and it goes
to the superintendent.
111.1 rarely got an answer to the complaint. If I got an answer I was just told the answer. I never got anything in writing.
Transfers
It was punishment
112.Once I was transferred to the adult jail for 3 weeks or a month,
for escaping with~ and~
Case Management pre and post release
113. I was never case-managed before release. No one spoke to me about support services available or about how to deal with life outside. No one helped me find accommodation or employment.
Recommendations
114.There are some things that they could do in Don Dale that would make things a
whole lot better.
115.One, they should shut down HSU to start off. That’s where alt the mistreatment
happens. They are Berrimah guards there; they don’t have experience with kids.
116.Secondly, a lot of blocks don’t have cameras - there should be cameras in all of
the blocks and cells.
117.And thirdly, there should also be recording devices. A lot of guards abuse or
threaten us and if we tell the superintendent they don’t believe us. We need to be
able to prove it.
118.Last of all, any officer with 10 significant complaint forms against them should
have their employment reviewed to see if they should still be allowed to work with
juveniles.
10
Signature of person giving
statemen
ving this
this
statemeno
Signature of witness:
WIT.O083.0001.0011
119.If those things were changed a lot of the bad things that happen in Don Date could
be stopped.
Signature:
Name:
Date:
. Í l_ iid
Witness:
Name:
11
Signature of person givi
Signature of witness: