‘Ears scratched, bleeding’: Child rapist’s claim on earplugs raised during discrimination action

A child rapist suing the state of Queensland for discrimination has claimed prisoners weren’t allowed earplugs.

A convicted child rapist who is suing the state of Queensland for discrimination because he can’t get his own cell has claimed his ears were “scratched and bleeding” from stuffing rags in there because prisoners weren’t allowed to wear earplugs.

But the former manager of the very prison where he is currently housed has responded to the claim, stating prisoners would be asked to remove on the occasion they would not hear any public announcements.

Joel Smith, the Assistant Commissioner of Corrective Services’ custodial operations and the former general manager of Queensland Wolston Correctional Centre, is the second respondent in discrimination action launched against the state Jason Daron Mizner.

Convicted child rapist Jason Daron Mizner has taken discrimination action against the state of Queensland, claiming he is not suitable to share a cell with other inmates because of his multiple “impairments”. Picture: Supplied / Queensland Police

Mizner, who is serving a 19-year sentence for a raft of vile child-sex offences, has claimed he was discriminated against because of the prison’s decision to house him in shared cell accommodation.

He gave evidence where he claimed prisoners were not allowed to have earplugs, save for “one” who needed them for his autism condition.

He said the ban was announced over a PA call sometime last year.

Mizner rejected suggestions the call did not happen, telling the tribunal he had “strenuously” requested it to doctors and psychologists to help with his sleep disturbances.

“I told (my doctor) from stuffing pieces of rag in my ears that they were scratched and bleeding,” he said.

Mizner claimed his requests were rejected.

During Wednesday’s hearing, Commissioner Smith said he was not personally aware of any instances where Mizner had asked Corrective Services for earplugs.

He said Mizner “could have” asked for earplugs but clarified there was no general prohibition on the item in the jail.

He said prisoners could be called up on the prison’s public announcement (PA) systems.

During the hearing, Mizner has given evidence prisoners in Wolston Correctional Centre were not allowed earplugs, but Joel Smith – the former general manager of the very jail he is now housed in – responded to the claim on Wednesday.

If they did not answer a second time, staff would go looking for them, Commissioner Smith said.

“In that scenario, if a prisoner were to say ‘Oh sorry I didn’t hear you, I had my earplugs in’, then I think it would be entirely reasonable for staff to remove them,” Commissioner Smith said.

He said supervisors did not have authority to make “blanket calls” on prohibiting such items.

The tribunal was told correctional staff were responsible for monitoring prisoners in shared cell accommodation every fortnight.

Commissioner Smith said some audits had determined this process had not been followed but he could not identify any specific incidents.

“Sometimes there is the exception where a fortnightly review has been missed,” he said.

Superintendent Smith said supervisors could ask prisoners about their cell arrangements specifically or ask them in a formal interview, or could just note the topic was brought up in general conversation.

He said the process was “discretionary” and “more nuanced” than a formal assessment.

“If a prisoner was having a conversation with staff, they might make reference to that … particularly if they’re placed with another person.”

Prior to his current 19-year term, Mizner spent 11 years in a Thailand prison before being deported to Australia in 2018.

The QCAT hearing continues.

Originally published as ‘Ears scratched, bleeding’: Child rapist’s claim on earplugs raised during discrimination action