A convicted murderer who claimed he was abused by the renegade "goon squad" in Christchurch's Paparua Prison has lost his bid for compensation.
Ra Albert O'Dowd alleged he was dragged from his prison cell, restrained and stripped naked in front of other prisoners during a training session by the prison's
Emergency Response Unit, also known as the goon squad. He sought $150,000 in damages.
In a written judgment released yesterday, Judge David Saunders found O'Dowd had failed to establish any of the four "causes of action" brought against the Attorney-General.
These were assault and battery, negligence, breach of the Bill of Rights and breach of statutory duty.
The judge said he was unable to accept O'Dowd's version of events relating to his conduct before his cell was entered and while he was being physically restrained.
"I have found that the use of force was not excessive and certainly not of the kind described by Mr O'Dowd," Judge Saunders said.
"I am satisfied that the officers carried out what is described as a standard control and restraint operation.
"[Alistair] Thompson, as the first officer into the cell, used his shield to push Mr O'Dowd on to the bed while the other officers efficiently moved his legs and placed his arms behind his back in order that handcuffs could be applied."
Judge Saunders said it seemed appropriate procedure for O'Dowd to be undressed for a change of clothing or a strip-search.
"I accept that a towel was used to cover [O'Dowd] when his lower clothing was removed."
The Department of Corrections said it was "obviously pleased with the outcome" but would need to review the full decision before commenting further.
The controversial goon squad, disbanded in June 2000, was the subject of a damning State Services Commission inquiry last year.
In an Employment Court case in May 2002, goon squad member Ian Ingham said he felt the night raid on the east wing of the prison, when O'Dowd was restrained, was unnecessary and heightened tensions between inmates and the squad.
It was a turning point where "things started to go wrong", Mr Ingham said.
O'Dowd, 50, was jailed with a 13-year non-parole period in 1994 after a jury found he beat his flatmate Conquest Tuau to death.
- NZPA
