Eggs and Bacon Bay murderer Stuart Russell loses Risdon Prison discrimination battle

A Risdon Prison inmate who once murdered a blind pensioner at Eggs and Bacon Bay has failed to get a discrimination case against the prison off the ground. What the tribunal found >

A 2010 photo of Stuart Russell.

A Risdon Prison inmate who once murdered a blind pensioner at Eggs and Bacon Bay has failed to get a discrimination case against the prison off the ground.

In a newly-published decision, the Tasmanian Civil and Administrative Tribunal dismissed the complaint brought by Stuart Barry Russell, finding he had failed to follow directions, engage a lawyer, or provide evidence or documents.

Russell first lodged a complaint three years ago against Risdon Prison guards and fellow prisoners, claiming he was being discriminated against and victimised on the basis of his disability – namely that he has no toes.

The tribunal noted Russell said he also suffered a brain injury, but said there was no evidence of this.

He said on one occasion, he was put into a locked cage yard by guards, who then gave access to other inmates to throw boiling water, urine, and a “marmalade and honey slurry” at him.

Russell said prison guards had cornered and threatened him – and that they had kicked and stomped his feet stumps.

The Eggs and Bacon Bay murder scene in 2011, where the body of Brett Edward Williams was found.

He said two inmates constantly abused him, “asking to see his toes”, and that other inmates had threatened to “rape him to death”.

Russell also said he needed medical aids like a shower chair, but this had not been provided to him, and that some correctional officers had laughed along with inmates who abused him for “being crippled”.

After a number of preliminary hearings, Russell was advised in September last year that he needed to provide the tribunal with documents, a list of witnesses and witness statements.

Tribunal deputy president Alison Clues said Russell was provided an extension of time, but still failed to meet the deadline in December last year, and had not followed any of the directions.

In March this year, Russell told the tribunal he was still trying to find a lawyer, and he’d been refused access to his documents.

Police at the murder scene in 2011.

The Tasmania Prison Service applied to have the complaint dismissed.

Ms Clues said the tribunal had made numerous attempts to help Russell with his complaint, and that he’d been given “every possible opportunity” to get a lawyer and provide evidence, but the matter had still not progressed.

The prison argued there was no evidence to support Russell’s claims, saying he had a history of conflict with other prisoners and that staff had taken action to address any negative behaviour towards him.

The prison said there was no evidence he was treated less favourably or that staff had assaulted him.

It said while he had previously been given a medical-issued shower chair, it was removed after an “improvised weapon was located secreted within it” – but that a new shower chair had more recently been approved.

Murderer Stuart Russell first lodged a discrimination complaint against Risdon Prison three years ago, saying he was victimised on the basis of his disability.

In dismissing the complaint, Ms Clues said the complaint was “lacking in substance” and that she believed no matter how much time was given to Russell, he would not comply with directions or take action to progress the case.

In 2011, Russell fatally stabbed his landlord in the heart, then attempted to burn his body.

According to a 2018 coronial finding, while his victim lay dying, Russell and two others did nothing to help him, but instead held a “vigil” next to the victim’s body with a candle, incense and a bottle of wine.

Russell then played a song on his guitar attempting to set fire to the corpse.

Follow @ambervwilson