Minister Peter Malinauskas blames prison staff for escapee Robert Gordon Rigney still at large 11 days after reporting back to Yatala Labor Prison

CORRECTIONAL Services Minister Peter Malinauskas has blamed prison staff for failing to take into custody a prisoner who tried to hand himself in, saying the bungle was “quite simply unacceptable”.

Robert Gordon Rigney, 33, has not been seen for 11 days. Source: SAPOL

• COLIN JAMES: Spare us the spin, just give us some answers

CORRECTIONAL Services Minister Peter Malinauskas has blamed prison staff for failing to take into custody a prisoner who tried to hand himself in, saying the bungle was “quite simply unacceptable”.

Robert Rigney, 33, is still at large 11 days after presenting himself, as required, to Yatala Labour Prison. He then left when staff took too long to process him.

He had been temporarily released for four days to attend the funeral of his sister, niece and nephew, who were tragically killed in May.

Rigney returned to Yatala at 3pm on July 15 but walked out 30 minutes later because staff were unsure whether they had the authority to admit him.

Mr Malinauskas told State Parliament on Tuesday that an official investigation had revealed corrections officers did not take appropriate steps to plan for his return.

“The investigation into this incident has revealed that relevant staff involved in Mr Rigney’s temporary release on bail failed to properly communicate these unusual arrangements to the relevant senior managers,” Mr Malinauskas said.

“As such the relevant senior managers did not put in place appropriate arrangements for this man’s return to custody.

“I have made it very clear that this situation is totally unacceptable.’’

Mr Malinauskas said the corrections supervisor on duty on July 15 was not “satisfied” about his authority to take Rigney into custody.

He sought advice from his acting general manager while asking Rigney to wait in Yatala’s main entrance.

“What doesn’t stand to reason is why he wasn’t taken to a secure place while any paperwork issues were resolved,” the minister said.

Meanwhile Rigney left Yatala and went to the Holden Hill police station.

However, the police officer on duty at its counter could not find grounds to detain Rigney.

Neither could he establish that Rigney was unlawfully at large.

The officer allowed Rigney to return to his bail address while police officers contacted Yatala.

Rigney was not picked up and returned to prison, instead cutting off an electronic tracking bracelet he had been fitted with.

Mr Malinauskas said the prison believed SA Police would transport Rigney back to Yatala but no further action was taken to ensure his return to the prison.

“When Mr Rigney did present to Yatala, and then again at Holden Hill, there was too much emphasis placed on paperwork and very little on the man standing in front of them trying to turn himself in,” he said.

“There was a lack of documentation about the process and procedure for this type of readmission ... it is unusual but it is not unheard of.”

Mr Malinauskas said the Corrections Department would implement new procedures for managing prisoners returning from bail or surrendering themselves when unlawfully at large.

The department’s chief executive would undertake a separate process to discipline the staff and senior managers responsible for the incident.

Rigney has not been located, despite several appeals for him to hand himself into authorities.

READ THE FULL STATEMENT BY CORRECTIONS MINISTER PETER MALINAUSKAS:

Mr President, I seek leave to make a Ministerial Statement.

Mr President, the response to Mr Robert Gordon Rigney presenting himself to surrender at Yatala Labour Prison on Friday 15 July was quite simply unacceptable.

Both the Department for Correctional Services’ and South Australia Police have undertaken investigations in relation to the matter and have provided me with briefings detailing what happened and what is being done to ensure a situation like this is never repeated.

Before I continue, I would like to read you the relevant excerpt from Mr Rigney’s Bail Agreement granted to him by the courts so that he could attend his sister’s funeral.

“I (Robert Gordon Rigney) will be released from custody from Yatala Labour Prison on Monday 11 July by 12 noon and return to Yatala Labour Prison by Friday 15 July 2016 at 4pm.”

And, as I’m sure you would all be aware, this is exactly what Mr Rigney did.

Mr Rigney presented to Yatala Labour Prison as per the conditions of his bail agreement accompanied by a Program Manager from the Aboriginal Sobriety Group who was supporting him throughout the process. Mr Rigney did what he was supposed to do.

Regrettably Mr President, it seems that while Mr Rigney did as he was supposed to do, the Department for Correctional Services failed to do what it was supposed to do — which was to readmit Mr Rigney at the conclusion of his temporary period on bail.

I can tell you that as soon as this regrettable incident was brought to my attention, I immediately sought to be kept advised of the situation and was given an assurance that the Acting Chief Executive was conducting an investigation and review of the matter.

I also made it clear that I viewed the matter as serious, and there is a requirement for accountability.

The investigation into this incident has revealed that relevant staff involved in Mr Rigney’s temporary release on Bail, failed to properly communicate these unusual arrangements to the relevant senior managers.

As such the relevant senior managers did not put in place appropriate arrangements for this man’s return to custody. I have made it very clear that this situation is totally unacceptable.

Mr President, while the conditions of Mr Rigney’s temporary release to Bail Home Detention were unusual, similar arrangements have been put in place in the past for offenders.

It is reasonable to expect appropriate arrangements would have been in place to facilitate Mr Rigney’s return to custody.

Of course, it is easy to say what ‘should’ have happened. My priority is to make sure that every possible step is taken to ensure that this will never happen again.

I would like to return to the management of Mr Rigney when he reported to reception at Yatala Labour Prison.

I am advised that the Supervisor on duty informed Mr Rigney and his support person that he was not satisfied that lawful authority existed for Mr Rigney to be taken into DCS custody. The Supervisor then sought managerial guidance on Mr Rigney’s legal status.

Mr President, Access Control to a high security prison goes both ways. Those entering a prison are subject to as much scrutiny as those exiting a prison and rightfully so.

It stands to reason that Mr Rigney was asked to wait while the Supervisor verified that he had lawful authority to take Mr Rigney into custody. What doesn’t stand to reason is why he wasn’t taken to a secure place while any paperwork issues were resolved.

Had this happened, I would not be here today providing this statement.

Mr Rigney and his support person left Yatala at 3.29pm en route to the Holden Hill Police Station, here he again tried to hand himself in.

SAPOL made inquiries with Yatala Labour Prison who confirmed that they would not permit Mr Rigney’s return to prison as they were not satisfied that there was a legal authority to imprison Mr Rigney.

The police officer at the Holden Hill Police Station investigated alternative options to detain Mr Rigney, which included checking for active warrants on SAPOL systems.

The police officer considered all the circumstances and available advice. The officer formed the view that he could not establish that Mr Rigney was unlawfully at large.

The Police Officer allowed Mr Rigney to return to his bail address.

I would like to point out that it wasn’t until Mr Rigney attended at Holden Hill, when Mr Rigney had departed Yatala, that the Acting General Manager was informed of the situation.

The Accommodation Manager at Yatala formed the view that SAPOL would transport Mr Rigney to Yatala from Holden Hill. This was a serious misunderstanding on the part of the Department of Correctional Services.

The misunderstanding that SAPOL would transfer Mr Rigney to Yatala from Holden Hill was communicated to the Acting General Manager at Yatala and no further action was taken to ensure Mr Rigney’s return to the prison.

Eventually the legal authority to imprison Mr Rigney was realised. SAPOL subsequently took action to locate Mr Rigney. These efforts continue.

Mr President, to summarise, the investigation has raised four key issues:

1. Corrections officers responsible for Mr Rigney’s release and his subsequent supervision in the community did not take appropriate steps to plan for his return.

2. When Mr Rigney did present to Yatala, and then again at Holden Hill, there was too much emphasis placed on paperwork and very little on the man standing in front of them trying to turn himself in.

3. There was a lack of command and control exercised at the prison. No follow up. No actions taken. Not good enough.

4. There was a lack of documentation about the process and procedure for this type of readmission. As I said, it is unusual but it is not unheard of. That there is no documented operating procedure to manage this type of situation is unacceptable.

In light of this, an Action Plan has been prepared by the Department of Correctional Services that includes the following immediate action items:

• An Instruction has been issued directing General Managers and staff on how to manage a prisoner returning from Bail or surrendering themselves when unlawfully at large.

• The Instruction will also direct managers working in Community Corrections to ensure that appropriate communication and planning takes place between the supervising community corrections office and the prisons for these complex cases.

• Finally, the instruction requires communication between DCS and SAPOL to take place between General Manager level and an officer of appropriate rank within SAPOL for any related incident;

• The Standard Operating Procedures will be strengthened and updated to include the full and complete process for readmission;

• Training is to be provided to appropriate DCS staff to ensure a clear understanding of warrants and court documentation;

• Escalation processes are to be mapped to ensure that unusual occurrences are escalated to senior management immediately;

And finally Mr President, the Chief Executive has also advised that he will be initiating a separate process that holds to account the relevant senior managers and staff that were responsible for this regrettable incident.

Mr President I can only hope that Mr Rigney turns himself in soon so that we can move on and take steps to ensure that this situation does not repeat itself.