Notorious prisoner Anthony John Smith launches court bid to get out of high-security Yatala Prison

Anthony Smith was a notorious bank robber with an uncanny ability to escape custody. So much so, he ended up becoming one of Australia’s most wanted men — and now he’s launched a Supreme Court bid to be transferred to a low-security prison.

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A notorious prisoner with an extensive record of escaping custody and conspiring to escape from prisons has launched a Supreme Court bid to have his security rating downgraded.

High-profile criminal Anthony John Smith wants a decision to maintain his “high’’ security status quashed and a fresh review ordered — so he can be transferred to a low security prison.

He is currently held in Yatala Labour Prison — due to his extensive record and uncanny ability to smuggle contraband — including tools and mobile phones — into prison.

Supreme Court documents reveal he is challenging the decision made by Correctional Service’s Serious Offenders Committee on numerous grounds — including his current conduct, his Aboriginality and his rehabilitation.

Smith’s initial application requested that a decision not to admit him to the Violence Prevention Program at Port Augusta prison also be reviewed.

However, that aspect of his appeal was withdrawn when he was admitted to the program at Yatala.

His appeal against the security downgrade decision, being heard before Justice Kevin Nicholson, is ongoing.

Armed robber and prison escapee Anthony John Smith at Radisson Plaza Hotel.

Smith is serving a 30-year sentence with a 18-year non-parole period.

He was eligible for release on parole last October, but has not yet applied because he has not completed the required rehabilitation programs — such as the VPP.

In 2003 he pleaded guilty to a series of armed robberies committed in 1999 and 2000 while he was on the run after escaping custody.

Smith was 19 when he robbed the Buckingham Arms hotel at Walkerville.

He was arrested but, one month later, became the South Australia’s most wanted man by escaping custody while visiting his father in hospital.

While on the run he robbed the ANZ bank at Myrtle Bank and shot two people while escaping.

During his time on the run he spent 10 days staying at a five-star hotel on North Tce and took a photograph of himself with the proceeds of his bank robberies.

In late 2003 prison officers foiled an escape plot from Yatala Labour Prison involving Smith and two other violent prisoners — Paul John Page and Michael Barry Fyfe.

Smith was the ringleader in the plot — which involved crashing a heavy vehicle through the perimeter of the jail.

The plot involved smuggling a mobile phone and hacksaw blades into Yatala for Smith and his accomplices to use to co-ordinate a mass escape, but it was thwarted by an undercover operation.

Prison escapee Anthony John Smith being led out of court in 2000.

In 2006 Smith was linked to the discovery of four hacksaw blades, pliers and three mobile phones in Yatala’s B-Division, where he was being held.

In 2013 Smith was caught with a stash of contraband in his cell at Port Augusta prison, including illicit drugs, two mobile phones and chargers.

After that discovery Correctional Services chief executive David Brown described him as “resourceful and cunning.’’

Smith’s statement of grounds states the decision of the Serious Offenders Committee made last February not to lower his security rating was “in breach of the rules of natural justice.’’

He is also challenging the “omission or refusal’’ of the SOC to provide him with procedural fairness, the reasons for its decision and its failure to “properly, fairly or reasonably apply a criteria for its decision.’’

The statement says the decision was unlawful and unreasonable and the SOC failed to grant Smith “the opportunity to make representations in person or in writing’’ as required under the Correctional Services Act. “ … the determination was unreasonable in light of the recommendations, information and materials concerning the plaintiff …’’it states.

Anthony John Smith after leaving court in 2003.

It also claims the SOC did not take into consideration Smith’s current attitude and conduct, his Aboriginality, progress to date, the nature and purpose of parole and the structure of his sentence.

In its summary of argument the Crown Solicitor, acting for Mr Brown, seeks summary judgment or that Smith’s grounds be struck out as there is no statutory provision in the Act “in relation to prisoner security ratings.’’ “In the statutory context, the decisions and omissions identified in the grounds are not properly subject of judicial review proceedings,’’ they state. “…. the prisoner has no legal right with respect to the setting of security rating. There is no reasonable prospect that, should the matter proceed to trial, the plaintiff would succeed. The court should dismiss the proceedings.’’