‘Inhumane’: Chief Justice Alan Blow condemns Risdon Prison’s solitary confinement unit

Tasmania’s Chief Justice has condemned Risdon Prison’s solitary confinement unit as “inhumane”, after a prisoner locked up alone for months started hearing voices and had his pleas for help ignored before he set his cell on fire.

A SUPREME Court judge has commented on the “inhumane” conditions of Risdon Prison’s solitary confinement unit, after an inmate who was locked up alone for months on end started hearing voices, with his cries for help unheeded, before he set his cell on fire.

Trent Mervyn Leonard, 24, was in jail for dangerous driving when he torched his solitary cell in Risdon’s Tamar Unit in October 2020.

In his published comments on passing sentence, Chief Justice Alan Blow said Leonard’s mental state had deteriorated in the lead-up to the fire, especially in the wake of his uncle’s death.

“At that time he was having to share a cell with another prisoner because of a crowding problem. He wanted to move into a single cell so that he could grieve in private,” Chief Justice Blow said.

Chief Justice Alan Blow.

Leonard asked to be moved to the Tamar Unit, but was refused, so he struck a prison officer in the hopes he would be moved there - and was.

On the day of the fire - which caused more than $10,000 worth of damage - Leonard had been in the Tamar Unit for more than two months.

The judge said it was a challenging period at the prison because of the Covid pandemic and “multiple lockdowns”.

“As a general rule, prisoners in the Tamar Unit have no access to television, and substantial restrictions on family visits and communications… they are allowed out of their cells for exercise and fresh air for only one hour per day,” Chief Justice Blow said.

“By the day of the fire, Mr Leonard had not been permitted to see or communicate with family members for over two months following the death of his uncle, and had not been allowed out of his cell for four days because of lockdowns.”

At that time, Leonard said he began to hear voices, “which he described as a whispering, with a number of voices all trying to talk at the same time”.

“He had been trying to get help because of his mental state, without success,” Chief Justice Blow said.

Risdon Prison.

Leonard had no recollection of starting the fire, but remembered coming out of the cell dry as a result of the sprinkler having failed.

The judge noted in a 2021 report, the Custodial Inspector said the Tamar Unit had “reverted to an inhumane environment with prisoners being held under unduly restrictive conditions, with too much time in solitary confinement, and insufficient access to exercise, sunlight and fresh air”.

Chief Justice Blow said it should “come as no surprise” that incarcerating prisoners in such conditions for months on end might lead to deteriorating mental health and misbehaviour.

A forensic psychiatrist noted Leonard had self-harmed by cutting his arm two weeks prior, and that subsequent requests for access to therapeutic services were denied, apparently due to problems caused by the pandemic.

Leonard pleaded guilty to unlawfully setting fire to property, but Chief Justice Blow imposed a one-month prison sentence to be served concurrently with another term already served, noting “the inhumane conditions in the Tamar Unit”.

Greg Barns SC, chair of the Tasmanian Prisoners Legal Service, said it was “inevitable” prisoners would sue over the impacts on their mental and physical health as a result of “inhumane conditions”.

“We hope that the Chief Justice’s very timely and accurate comments will see much greater interest in human rights issues in the Tasmanian prison system by lawyers and by those working within the system,” he said.

A Department of Justice spokesperson said most prisoners were unlocked for more than seven hours a day, although there were occasions when parts of the prison were unable to be unlocked due to staffing issues.

“All prisoners in Tasmania are entitled to be in the open air for at least an hour each day, and the Tasmania Prison Service works hard to ensure this minimum standard is met,” they said.

The spokesperson said lockdowns were an “essential operational tool”, used to ensure a safe and secure prison environment - but when these did occur, “essential services and prisoner supports” were maintained.

They also said most prisoners had access to televisions, radios, books and educational materials, with televisions now installed in the Tamar Unit.

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Originally published as ‘Inhumane’: Chief Justice Alan Blow condemns Risdon Prison’s solitary confinement unit