16-year-old charged with seven counts of assault over alleged milk attack

CCTV footage allegedly shows Don Dale workers holding children by the neck, in headlocks and pinned to the ground. Watch the video here. WARNING: CONFRONTING CONTENT

A boy who allegedly assaulted three Youth Justice Officers (YJO) has claimed he was acting in self-defence to avoid “unlawful” isolation in Don Dale.

A 16-year-old boy, who cannot be named for legal reasons, has pleaded not guilty to assaulting three YJOs while on remand in the Darwin jail.

The teenager was charged with seven counts of assault after allegedly throwing a paper cup of milk at a YJO while refusing to return to his cell on October 31, 2021.

The court heard four boys were “grounded” by 11 officers using a technique of “last resort” seconds after the milk was thrown.

CCTV footage of the TV room appears to show three officers restraining the 16-year-old, face down onto the floor.

A 16-year-old boy is allegedly restrained face down by Youth Justice Officers during an incident on October 31 2021 at Don Dale Youth Detention Center.

One of the boys, who was not initially restrained, allegedly jumped over the table towards a group of YJOs, one of whom appeared to hold a smaller boy in a headlock.

He was then restrained by three officers, with one officer appearing to pull at his legs to flip him over as two officers pinned him down.

The footage appears to show another boy being held to the ground by an officer holding his neck, while another YJO holds his body down.

A teenage boy is allegedly held down by the throat by a Youth Justice Officers during an incident on October 31 2021 at Don Dale Youth Detention Center. Picture: Supplied

Footage shows the boys being taken to the cells, one being marched backwards while another is carried like a plank.

The boy watched from the court gallery as his 192cm tall alleged victim took to the witness box in the Darwin Children’s Court on Tuesday.

The YJO alleged the 16-year-old was the “lead man” in the protest and had hit him with a paper cup of milk.

Youth Justice Officers appear to hold a boy in a headlock during an incident on October 31 2021 at Don Dale Youth Detention Center.

The worker, who also cannot be identified, said the child was in a “aggressive state” and he had tried to manage it “theraputically”.

“I was like ‘Hey bro, what’s going on?’,” he told the court.

“(I was) trying to listen to them, trying to empathise, trying to get them to express themselves.”

Footage shown to the court showed an 18-second period between the YJO entering the room, leaning against the wall, before he approached the child.

Videos provided to the NT News did not include audio of the incident.

After the 16-year-old allegedly threw the milk, all four boys were soon restrained by 11 adult officers.

The YJO confirmed the Maybo physical restraint technique was used on all the children.

“It’s part of your toolbox ... it was the last resort, because you have lost control,” he said.

Prosecutors have alleged the cup of milk also had saliva in it and charged the boy with seven counts of assault and committing a violent act causing fear.

Barrister John Lawrence SC said the teen’s actions on the day were a direct reaction to the conditions and treatment he and other children were experiencing in the “notorious” H-Block of Don Dale.

Multiple Youth Justice Officers allegedly restraining a teenage boy during an incident on October 31 2021 at Don Dale Youth Detention Center.

Mr Lawrence said the teenager was acting in self-defence against “unlawful” extensive “isolation, deprivation, solitary confinement” in the centre, arguing it was a form of “cruel and unusual punishment”.

”They were never allowed out of the block .... unless visited by family or lawyers,” he said.

“Once all the evidence is in (it will show) that treatment is unlawful.”

Mr Lawrence asked the YJO how lockdowns worked when Don Dale was “working normally” with appropriate staffing numbers.

The YJO said there were two 30-minute lockdowns, at 11am and 3pm, to allow staff to have a break.

However, the alleged incident occurred at 1.30pm.

“Do you know why he was being told to go into lockdown?,” Mr Lawrence asked.

”On that day there was not enough staff,” the YJO replied.

He confirmed lockdowns were used both to allow for staff breaks and when “there are not enough staff in the centre”.

NT Barrister John Lawrence. Picture: Justin Kennedy

“Sometimes you come off your shift and you see only three, four staff,” he said.

“To keep everyone safe, stakeholders safe, the kids safe, officers safe, we have to find a way.”

The YJO said the isolation of the four boys was “not a punishment”.

He said he was unaware of reports of self-harm in Don Dale in October 2021 but added “self-harm is something that’s been going on in Don Dale since I started (in 2019)”.

Mr Lawrence said a WA court had ruled that isolating children in their sleeping quarters for long hours “should only be implemented in rare and exceptional circumstances”.

Quoting from the Perth Children’s Court president Hylton Quail when he said “when you treat a child like an animal, they will behave like one. If you want to create a monster, this is how you do it”.

Prosecutors argued the children’s court was not an appropriate place to debate the management policies and procedures in Don Dale.

The 16-year-old teenager, who wore a Tupac shirt to his hearing, told Judge Greg MacDonald he was keeping out of trouble and was six weeks into a construction course.

The teenager’s hearing will continue on December 8. His bail was extended.

Originally published as 16-year-old charged with seven counts of assault over alleged milk attack