Police are investigating an inmate's claim she was pepper sprayed, handcuffed then smashed to a concrete floor. Photo / File
Police are investigating an inmate's claim she was pepper sprayed, handcuffed then smashed to a concrete floor. Photo / File
A prison guard is under police investigation after a handcuffed prisoner under the effects of pepper spray went face-first into a concrete floor.
The case has also seen a complaint by a Visiting Justice - a lawyer with rights to access prisons and hear complaints of abuse - over beingable to speak to the prisoner alone on one occasion and then trouble getting to her during a later visit.
The Visiting Justice, Lady Heeni Phillips-Williams, said she was contacted by the prisoner and visited her to ask about details of the alleged assault.
Her initial contact with the case at Auckland Region Women's Corrections Facility was in relation to hearing charges brought against prisoners, which is another role of a Visiting Justice.
On hearing a prisoner had refused to sign documentation, she said she would visit the woman in her cell.
The inmate was on her bed in the cell, covered from her neck down by a blanket, with her face unable to be seen.
"She would not talk. That's another alert."
She was prompted to visit again after receiving a letter from the prisoner and, on that occasion, was forced to wait before being granted access when she expected to have immediate access to the prisoner she was visiting.
Lady Heeni Phillips-Williams. Photo / File
She believed the delay breached a Visiting Justice's legal right to visit prisoners and hear welfare concerns.
"The main point I want to make is you can't have Corrections staff thinking they are above the law.
"Everyone has rights to human dignity. We consider ourselves a first-class democracy. If we're going to pride ourselves on human rights values, we have to practice what we preach."
Phillips-Williams said the allegation made by the prisoner was of an assault following an altercation in the prison's dining area.
"She's told me she was in a situation where she went to break up a fight between two females. The guard came out and pepper sprayed her and handcuffed her, and she was pushed from behind by the prison guard."
Phillips-Williams said the assault allegedly took place in the shower area and left the woman's head "split and bleeding" and she had since reported constant migraines.
She said she had lodged a complaint about access to the prison and wanted to know the guard had been stood down.
Police are investigating an inmate's claim she was pepper sprayed, handcuffed then smashed to a concrete floor. Photo / File
"If we're going to have a prison guards like that in our prisons, they need to be culled and another job found for them somewhere else."
The mother of the inmate, who is serving five years on a violence charge, said she had made a complaint to the Office of the Ombudsman, which has responsibility for conditions in prisons.
"She was handcuffed behind her back. She said the female officer grabbed the back of her head and just slammed her down onto the floor."
The mother said she questioned during one phone call why her daughter was slurring her voice, only to be told, "Mum, the whole right hand side of my face is swollen and bruised".
"She said, 'mum, my face is swollen and bruised and no one is doing anything. She said she was having blackouts on her bed."
Her daughter had phoned her to ask she lay complaints, including making sure CCTV footage was retained.
Auckland women's prison director Stephen Parr would not comment on the assault allegation, saying it was not appropriate while police were investigating.
However, he detailed the events leading up to the assault, saying the inmate had attempted to become involved in a fight between three prisoners.
A female inmate's cell in Waikeria prison. Photo / File
"Staff instructed her to move away, and she responded by trying to punch a corrections officer. The officer deployed their pepper spray, and other staff assisted their colleague in bringing the prisoner under control."
Parr said the prisoner continued to show aggression, spitting and yelling threats, attempting to kick one officer and actually managing to kick another.
"We have zero tolerance for violence in prisons, and the prisoner was placed on directed segregation as a result of these assaults."
He said the prisoner had requested a complaint be laid with police, which had happened. Evidence, including photos, CCTV and body camera footage had been made available.
Parr said further inquiries would be made into the issues raised by Phillips-Williams, and he had offered to speak directly to her about the concerns raised.
