Bassam Hamzy wins bid to have laptop to prepare for court case

A high-profile prisoner has convinced a judge he was disadvantaged in court without technology “primary school pupils” are using.

A notorious former Sydney gang leader known for his legal crusades from behind bars appears to have won the right to use a laptop in his cell after arguing he needs it due to arthritis.

Bassam Hamzy, the founder of Brothers 4 Life, launched a civil case last year against the Commissioner of Corrective Services calling for NSW’s most-secure prison to be shut down.

Hamzy claims conditions at Goulburn Supermax were so bad they exposed inmates to self-harm, the risk of “losing their minds” and were in breach of laws preventing cruel and inhumane punishment.

Bassam Hamzy is imprisoned at Goulburn Supermax. Picture: Supplied

A younger Hamzy, now in his mid 40s.

As he prepares for trial, the 45-year-old has convinced the NSW Supreme Court he should have access to a laptop with storage and writing capabilities so he could prepare for the case and nine others he is facing before various courts.

He argued recently developed “arthritis in the thumbs” would delay his ability to handwrite submissions to the court in this case, in which he is representing himself.

Currently inmates at in NSW prisons are only allowed an e-brief device which allow them to read documents but do not have typing functions or access to web browsing.

Hamzy said with his arthritis, he needed a laptop “so I could type up the submissions and have them in proper form, and type up the evidence so I could have it in proper form for the Court”.

Goulburn Supermax is the state’s most high-security prison. Picture: News Corp Australia

He also asked the court for it to reinstate full access to eight plastic tubs of legal documents he previously stacked in his one-out cell for the past four years, but now has to rotate through due to new jail policies.

The court heard Hamzy is now only allowed to have one tub in his cell at a time, and the rest were left in a day room he has exclusive access to.

He argued, however, he could only use the room until 2pm and regular lockdowns at the prison meant he could go days without leaving his cell.

Corrective Services said recent fires at NSW prisons had prompted a review of what property was kept in cells and the new protocol was “not related to Mr Hamzy in particular”.

It also argued allowing some items into cells “elevates the risk of contraband items being secreted amongst that property” and needed to be searched, adding a tablet was allegedly found among Hamzy’s legal documents in May.

Mr Hamzy argued he was often locked in his cell (not the one pictured) and could not access his court papers. Picture: Adam Taylor

Hamzy said he was the only person in his cell and in his decades of incarceration he had never had the inclination to set it ablaze.

“I have been in gaol for 25 years; I don’t think I’m going to wake up tomorrow and decide to burn my cell after 25 years,” he told the court.

“I have had a lot of opportunities to do anything I wanted.”

Hamzy said both issues had “caused me significant stress, anxiety and frustration”.

“And all of this is building up and I’m just trying to have that ability and capacity to run my case as smoothly as possible, Your Honour,” he told the court.

In its submissions Corrective Services said the Commissioner was currently exploring updates to laptop operating systems, which “may include word processing capabilities”.

It argued “making an exception” for Hamzy “gave rise to concerns about the equal treatment of inmates in the management of correctional centres”.

Hamzy was able to file handwritten submissions, it said, and therefore the court did not need to worry about procedural fairness.

A judge found Mr Hamzy was at a disadvantage.

The judge said technology was essential in modern court proceedings.

The application was heard by Chief Justice Andrew Bell, who wrote in his judgment on Wednesday he believed the laptop issue meant Hamzy’s access to the court was “relevantly denied”.

He found there must be a time in the “third decade of the third millennium” when a party in such proceedings needed access to a device with internal storage and writing capabilities.

Justice Bell wrote it was “difficult to understand” how Hamzy’s denial of that “does not realistically amount to a denial of access to the court process … in this case”.

He said the device, which Hamzy has offered to pay for, should also be able to store vis USB his legal documents, which “are currently stacked somewhat clumsily in plastic tubs”.

“Mr Hamzy, or any other prisoner in his position, undoubtedly requires that technology to run his case efficiently. That includes a laptop with writing and printing functions,” the judge found.

“At a time in our history when primary school pupils are utilising this technology in the classroom, it seems that the need for a degree of lateral thought in the custodial context may well have arrived.”

He understood the concerns of the Commissioner but was “left wondering how a fair balance can be struck” if the laptop was not provided.

“It is simply a fact that without the technology that I have described, Mr Hamzy’s access to this Court will be denied to him,” Justice Bell wrote.

“In these circumstances I consider this Court should intervene to protect that right.”

The judge did not make a formal decision but asked the parties to come back to court with a proposed order within seven days.

The trial proper is listed for December.