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Metropolitan Remand Centre smoking ban riot: Prisoner seeks compo

A WOULD-be thief is seeking taxpayer compensation after being locked in his cell during a riot at the Metropolitan Remand Centre sparked by a smoking ban.

A BUMBLING criminal is seeking taxpayer compensation for being locked in his cell and injured during a riot, which was sparked by a smoking ban, at the Metropolitan Remand Centre.

In a writ filed in the County Court, Derrick Archer, a non-smoker, claims he feared for his life as the result of smoke and tear gas entering his cell door vent during the 15-hour riot involving about 400 inmates.

During the siege, prisoners armed themselves with makeshift weapons, threw rocks at staff, rammed internal gates with vehicles, damaged accommodation units and security cameras, broke down cell doors and lit numerous fires.

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Afire burns inside the prison compound at Metropolitan Remand Centre. Picture Norm Oorloff
Afire burns inside the prison compound at Metropolitan Remand Centre. Picture Norm Oorloff

The rampage caused $12 million of damage and has already sparked civil claims by inmates and guards.

In November 2016, Ballarat Magistrates’ Court heard that since the June 2015 riot, Archer had suffered post-traumatic stress disorder.

The court heard that in December 2015, 5½ months after the riot, Archer allegedly left a trail of bloody footprints after cutting his arms and legs while breaking windows and shouting obscenities at the resident of a Sebastopol home who had refused his demands for money.

Remand Centre Riot. Police prepare to storm the prison. Picture: Jay Town
Remand Centre Riot. Police prepare to storm the prison. Picture: Jay Town

When Archer was arrested, he was allegedly found with his wounds wrapped in cloth.

Archer, who was undergoing a 300-hour community corrections order at the time of the hearing, avoided further punishment after telling the court he had stopped drinking and was undergoing counselling for anger and alcohol issues.

Archer’s writ claims that once order was restored after the riot, he was forced by riot police to lay on the ground with his hands behind his back.

Fire crews at the prison as inmates riot. Picture: Jay Town
Fire crews at the prison as inmates riot. Picture: Jay Town

“His hands were cuffed and he was pulled up to his feet by his cuffed hands/arms, which pulled his left shoulder back, significantly aggravating a pre-existing injury,” it claims.

Archer claims prison authorities breached their duty of care by failing to adequately plan for the protest, despite knowing that banning cigarettes would cause a riot.

He is seeking unspecified damages claiming he has suffered psychiatric injuries in addition to his shoulder injury.

peter.mickelburough@news.com.au

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Original URL: https://www.heraldsun.com.au/news/law-order/metropolitan-remand-centre-smoking-ban-riot-prisoner-seeks-compo/news-story/e58807f4beaf7648326b6ca6573ac450