Don Dale conditions centre of 16-year-old’s alleged assault defence case

A teenager who allegedly threw a paper cup of milk at Don Dale workers has argued he was acting in self defence against unlawful conditions. WARNING: Confronting content

A senior Don Dale officer will give evidence about the conditions inside Don Dale over an alleged assault by a teenager during a protest against ongoing lockdowns.

A 16-year-old boy, who cannot be named for legal reasons, has pleaded not guilty to assaulting three Youth Justice Officers (YJO), arguing he was acting in self defence against unlawful conditions inside the Don Dale Youth Justice Centre.

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 was previously shown footage of the 16-year-old, along with three other boys, being grounded by 11 adults using a last resort technique seconds after the milk was thrown.

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.

The CCTV footage appeared to show the 16-year-old being restrained face down onto the floor.

A different boy appeared to be held down by two officers as another pulled at his legs to flip him over, while a smaller boy was being restrained in a headlock and another was being held to the ground by his neck.

The court previously heard the 16-year-old and his friends were refusing to go into lockdown, which was sparked by staffing shortages at Don Dale.

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 latest Office of the Children’s Commissioner’s annual report said it was investigating an “evident regime of isolation in cells for children in Don Dale” around the same time of the incident.

Defence barrister John Lawrence said the lawfulness of the teenager’s detention was at the “centre of our defence”.

Mr Lawrence said given the 16-year-old’s mental condition “(he) should not have been placed in the conditions or receive the treatment he did”.

“Because if he did it would be considered unlawful, pursuant to the Youth Justice Act,” he said.

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

Mr Lawrence raised concerns that the “man responsible” for Don Dale had not been called as a witness.

The senior Don Dale worker cannot be named for legal reasons

He was part of the team responsible for the children in Don Dale, with obligations around their physical, psychological and emotional welfare.

“What we’re saying is that he hasn’t done lots of it, including these rollover lockdowns,” he said.

Mr Lawrence said the failure to list him or produce a witness statement was “ridiculous” and “an abuse of process”.

“80 per cent of the delays (in court) are caused by the office of the DPP – this place has ground to a halt,” he said.

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

Prosecutor Camille McKay argued the issues the defence wanted to raise with the officer were not relevant.

However, Judge Greg MacDonald said the senior officer had a “pivotal, central role” in the running of Don Dale.

Mr MacDonald said it was fair for the defence to get a witness statement from the current person in the role, given the evidence about the use of lockdowns already before the court.

He said the “chain of command” issues when questioning more junior YJOs would also be resolved by having this evidence.

“It is my feeling that the top of the tree is the place to start,” Mr MacDonald said.

The 16-year-old’s father told the court his son was working “religiously” to improve his life after the “trauma” of Don Dale.

He said he was 12 weeks into a construction training course to become a carpenter and was employed 40 hours a week in a permanent casual position.

“He’s loving it, and it really amazes me his courage and strength,” he said.

The 16-year-old has pleaded not guilty to seven counts of assault and committing a violent act causing fear.

Mr Lawrence asked for his young client to be excused from the next hearing, on January 10, as the evidence “rattles him”.