Darwin prison has reopened the mums and bubs unit after pregnant mum’s bail rejected

A newborn baby boy will remain with his mother in Darwin prison after a mammoth fight to keep them together.

Darwin Correctional Centre has reopened a purpose-built mums and bubs unit for pregnant and new mothers and their children in prison.

A mother and her baby boy has been granted access to a specialised prison unit after overcrowding took over the mums and bubs wing of Darwin prison.

The 31-year-old woman went into labour while at the prison in the early hours of Wednesday morning, and about 12 hours later gave birth to a healthy baby boy.

Her natural labour comes after a mammoth legal battle over her bail, after it was initially believed she would be forced against her will to induce early and give up her newborn.

The Corrections Department said the new mother and baby would be able to access the wing.

“In light of changed circumstances, NT Corrections Services reviewed a matter involving a prisoner who applied to be accommodated with a baby at Darwin Correctional Centre,” a spokesman said.

“A decision has been made for the mother and baby to be accommodated at DCC in accordance with a multidisciplinary child care plan.”

He said the plan included input from NT Health and Territory Families.

A pregnant prisoner's legal team lawyer Storm Lawlor, left, barrister Koulla Roussos and instructing solicitor Robert Welfare outside Darwin Supreme Court.

The woman’s instructing solicitor Robert Welfare said the mum was “thankful for the kind attention of the jail”, with the paramedics arriving quickly to her aid.

“She’s just very grateful that she can spend this time with her child,” Mr Welfare said.

The reopening of the wing comes almost two weeks after the Supreme Court rejected the then-pregnant woman’s bail after it was approved by Darwin Local Court.

Chief Judge Elizabeth Morris granted the 31-year-old bail on Wednesday, May 10, but less than 24 hours later her decision was revoked by Supreme Court Justice John Burns.

The heavily pregnant woman sat alone on the videolink with her hands clasped around her belly, facing the court gallery of nearly 30 government bureaucrats, lawyers and journalists.

Justice Burns heard from major government departments — including the new chief health officer, the Darwin prison manager and Territory Families representatives — when deciding the future of the 31-year-old and her unborn child.

The woman broke down in tears when she heard that if she was rejected from the mum’s unit, it was likely she would only get one hour a week with her baby boy.

Her barrister Koulla Roussos told the court that given the bail rejection and the closure of the mums and bubs unit, the prison faced a cruel decision.

Ms Roussos said either she would be separated from her baby boy within hours of giving birth, or expose him to the dangers of an overcrowded general population wing of the prison.

“Because of overcrowding, there are regular fights that erupt between women prisoners,” Ms Roussos said.

“More recently they had to use capsicum spray to contain a number of female prisoners that were fighting.

“Because of their use of capsicum spray, even moving the child from one end of the women’s prison to the other end … could be potentially dangerous.”

Ms Roussos said her client’s dilemma illustrated why the 10-bed mums and bub’s unit was built.

“The practical reality is one where everyone is well meaning — but when it comes to the care, support and nourishment of an infant child, there’s no better arrangement than the child being in the care and embrace of its mother,” Ms Roussos said.

“(It’s) to allow for women prisoners not to be stripped of their fundamental human rights, not to be stripped of their status as mothers, and a special status to be able to care for, nourish and nurture their children.”

The court previously heard concerns that she had been coerced into giving birth nine days before her due date, due to operational issues at the prison.

But chief health officer Christine Connors confirmed to the court that the inducement appointment had been cancelled — the day before she was due for the booking.

Chief health officer Christine Connors confirmed to the court that the inducement appointment had been cancelled. Picture: Supplied

“Obviously, the hospital is not going to undertake an inducement without getting consent,” Dr Connors said.

She said it was believed the pregnant woman had consented to the procedure, as it was explained that her “slightly large” baby meant the birth could be rapid and come with complications.

“I think it was purely the logistics and transport (issues) … overnight there’s no on-site medical staffing.”

It was alleged she had an intimate relationship with the Mongols bikie boss, and was charged with supplying a commercial quantity of drugs, escape from lawful custody, and possession of a traffickable quantity of drugs.

She also faces allegations of failing to obey a police officer’s direction, dangerous and careless driving, failure to report a crash and conspiracy to pervert the course of justice.

Ms Roussos had advocated for her client to be released on bail with strict conditions similar to home detention, however that was rejected by the Supreme Court.

Justice Burns said he would provide more comprehensive reasons for his decision, but said the pressing nature meant that would be provided at a later date.

The new mother will return to Darwin Local Court on July 12.

Originally published as Darwin prison has reopened the mums and bubs unit after pregnant mum’s bail rejected