An 81-year-old man who hanged himself in his prison cell was able to do so because budget cuts demanded by the government did not allow for safer fans in the new Darwin adult prison, a Northern Territory coroner has been told.
Coroner Greg Cavanagh said it “beggars belief” that a prison designed and built in the last decade had “such classic hanging points with no mitigation of that risk”.
Since the man’s death in 2015 at least one other prisoner has also taken their life in the same manner and another female prisoner has attempted to.
Roy Melbourne was sentenced to life in prison over the 1995 murder of 71-year-old Irene Chambers, his neighbour, and was eligible for parole in July 2015.
In October 2015 Melbourne withdrew from a parole agreement that would see him live with his brother in Rockhampton, Queensland, after his brother became ill. Around that time Melbourne also learned he may be ill with a type of leukaemia.
He was found dead in his cell in November 2015, having hanged himself from an overhead fan, a short time after his “open” security classification was mandatorily tightened under new directives.
“Where fans are desirable or necessary it is possible to use mechanisms to ensure fans are not able to hold a person’s weight,” Cavanagh said in his findings, which were handed down on Monday. “However, clearly that had not been done in the case of the fans in the new Darwin correctional precinct.”
The corrections commissioner, Mark Payne, told the coroner’s court the fans were “a result of the cost-cutting required by government”.
Payne said he had been told by his predecessor (Ken Middlebrook) that the builders had said the fan would not hold a person’s weight but provided no documentary evidence to support the claim.
A report by the architects of the prison revealed design specifications only sought to reduce hanging points in medium and high-security classification areas, not the low-security cottages where Melbourne was held.
Payne told the inquiry that as soon as bolts or a coupling mechanism that would mitigate the risks were available, they would be installed in single-room accommodation as a priority.
Nine months after Melbourne’s death another prisoner took their life in the same manner and one female prisoner attempted to, Cavanagh noted.
“I therefore encourage the commissioner to ensure that the mitigating solution is installed at the earliest possible time.”
A spokesman for NT corrections said the department had been investigating safety issues related to the fans, “taking into account the contribution made by the fans to the general comfort of prisoners”.
“We are currently considering a number of options in consultation with the owners of the facility,” including replacing all ceiling fans with pedestal fans, he told Guardian Australia. “It should be noted that only some accommodation areas at DCC have ceiling fans.”
The $1.8bn, 1,000-bed Darwin correctional precinct was commissioned by the former Labor government in 2008 and opened in 2014 by the Country Liberal party government. It has been highly criticised for its expense and inappropriate design.
Late last year a highly critical external review into the corrections system was leaked and then a redacted version released. It questioned whether the prison should ever have been built in the first place. The redacted report does not appear to have observed hanging points as a risk at the adult facility.
Multiple reports and inquiries have also examined issues around funding and implementation issues within the corrections department in recent years.
Middlebrook told the royal commission into the detention of children in April he had been told to find $30m in savings in the corrections department in 2013/14 and that repeated requests for funding were denied by the CLP government.
Cavanagh’s findings also criticised NT government policy that saw Melbourne’s security classification changed.
In 2014 Melbourne had been granted “open” security classification, which allowed him to work without security supervision in the community but, due to his age and health, he did not do so.
Melbourne’s open classification was increased a week after a high-profile blunder saw a convicted murderer escape from a work camp, prompting the minister to declare no prisoner with a murder or sexual offence conviction would be granted open security classification.
“By the looks of it, I will end up dying here,” Melbourne told a fellow inmate.
Two days later he was found dead in his room. Cavanagh found there had been no indication of Melbourne’s intent and he had no criticism of the prison staff.
Melbourne was described by the coroner as “well and truly institutionalised” with a low risk of reoffending and a limited desire for release.
“There was no rational reason for the revocation of [Melbourne’s] open security classification less than a week before he took his life,” Cavanagh said.
He said that, despite it being a “natural emotional response” against seeing murderers and sexual offenders allowed back into the community, “the fact is that terms of imprisonment usually end” and support programs reduced the risk of the prisoner reoffending.
“Given the inflexibility of the system and the potential for such a system to make it less safe for the community, I urge the government to reevaluate its policy,” Cavanagh said.
Natasha Fyles, the NT attorney general and minister for justice, said she would follow a “well-established process” in referring the findings and recommendations to the relevant agencies for a formal response.
Fyles described the incident as “a tragic event for the affected family and friends” and said the coroner’s findings would be tabled in parliament.
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