Pregnant Darwin prisoner Crystal Deanne Roberts in bail application days before inducement

A pregnant mother faces a ticking clock to secure bail, alleging Holtze prison is coercing her into a birth plan because of staffing issues.

A pregnant mother locked up in Darwin prison faces a ticking clock to keep her child and “stop history repeating itself”, a court has heard.

Crystal Deanne Roberts appeared in the Supreme Court on Wednesday in a last-ditch bid to secure bail before she was scheduled to induce labour on Friday, nine days before her due date.

The court heard allegations the 31-year-old mother was being coerced into a birth plan she did not want, with her baby expected to be taken from her by Mother’s Day.

Her barrister Koulla Roussos said due to overcrowding and understaffing Roberts had been denied access to the prison’s mums and bubs unit, which was full of other prisoners.

“Look at options other than incarcerating her in circumstances, Your Honour, that we say amount to torture,” Ms Roussos said.

“If not torture, it’s certainly barbaric.”

Her barrister Koulla Roussos said due to overcrowding and understaffing Roberts had been denied access to the prison’s mums and bubs unit.

Ms Roussos told the court Roberts wanted to give birth naturally and avoid the “invasive procedure”, but was being denied that option because of “organisational pressures”.

She said the prison had booked the inducement, as they could not guarantee there would be adequate staff at the jail if she went into labour.

“It might not be considered a direct application of force against her, (but) the circumstances are such that someone in custody, with no agency, is to be faced with an inducement,” she said.

“She should not — because of her status as a prisoner — be put in a position where the inducement procedure … is her (only) option around organisational issues.”

Chief Judge Elizabeth Morris said the prison did not have the power to force a prisoner to have medical procedures without their consent. Picture: Che Chorley

Prosecutor Damien Jones accepted that Roberts could not be forced to undergo the procedure without her consent, but said the prison still had a duty of care and would not fail to take her to hospital when she went into labour.

However, he acknowledged that within 72-hours of giving birth, her baby would still be taken from her.

Despite the prison having a 10-bed specialist unit designed to accommodate mothers and their babies, Corrections confirmed it had denied Roberts access to the purpose-built facility.

Ms Roussos said the unit was being used for general population prisoners, as the women’s wing of Holtze was at maximum capacity.

Instead, she said Roberts was being kept in a block with no fridge or freezer or a space for her to express breast milk.

Despite the prison having a 10-bed mums and bubs unit, Corrections confirmed it had denied Roberts and another new-mother access to the purpose-built facility. Picture: Che Chorley

Mr Jones said the prison would allow a minimum of two one-hour visits per week, and would accommodate ways for Roberts to provide milk for her baby.

Ms Roussos said her Brisbane-born client was trying to “stop history repeating itself” by protecting her baby from a childhood like her own.

She said Roberts, like her mother before her, had struggled with drug dependency issues.

The court heard that when the seven-months pregnant woman was arrested in March, she admitted to recently using drugs, but Ms Roussos said Roberts had tried to seek help, attempting to book herself into rehab twice in the early stages of her pregnancy.

“She was on the waiting list, they were at full capacity,” she said.

“It’s not for want of trying.”

Ms Roussos said in prison she was able to wean herself off the drugs and had “profound realisations … about how she wants to mother and nurture her child”.

Police will allege that Roberts was involved in multiple shipments of methamphetamines being imported into the Territory and strong connections to the Mongols outlaw motorcycle gang.

The court heard she had an intimate relationship with the Mongols bikie president, and had asked her co-accused to send patched bikies to Katherine to collect $20,000 in drug debts owed to her.

It was also alleged that she used false names to travel interstate, moving drugs and cash over the border.

In opposing bail in the Supreme Court, Mr Jones said Roberts was considered a flight risk and alleged that in her bugged communications with her co-accused, she discussed fleeing the Territory.

Ms Morris had earlier granted Roberts bail, setting a $10,000 on recognizance order, with electronic monitoring, drug and alcohol testing and an 8pm curfew except for a medical emergency — including going into labour.

“In my view the prison not having a working mums and bubs unit is a very big factor in relation to my decision,” she said.

As the Chief Judge announced her decision Roberts clasped her hands together in prayer, before wrapping her hands around her swollen belly.

But her celebration was short-lived.

Mr Jones applied for a stay on the decision, which would give prosecutors 72-hours to contest Ms Morris’s ruling.

Roberts will also need to apply separately for Supreme Court bail, after allegedly breaching a suspended sentence handed down by the higher court.

Justice John Burns did not make a final decision on Wednesday, but revealed that under the Bail Act he was unable to take into account the interests of the unborn child.

Roberts will return to court on Thursday afternoon, a day before she is due to be induced.