Complaints
by Serco about Corrections investigation into organised fight clubs within Mt
Eden prison were dismissed by the High Court as unfounded and inaccurate. Serco’s court action was more in the nature
of a fishing expedition to find out who was narking, ruled Justice Clark.
Serco, private operator of Mt Eden prison
since 2011, was in the public eye when YouTube footage surfaced in July 2015 of
organised fighting between prisoners.
Corrections Department immediately resumed temporary control of the
prison and set up an inquiry. Before the
investigation was complete Serco sued, stalling release of any final
Corrections report and demanding access to interview notes compiled during the
investigation. Serco said any failure to
share evidence given to the investigator was a breach of natural justice. The High Court was told Serco conducted its
own parallel inquiry but refused to provide Corrections with its evidence and
its report. Corrections provided
sections of its report to Serco for comment and review as the investigation
proceeded. Serco demanded access to notes
written up after interviews with prisoners and Serco staff. Anonymity was promised at interviews. Prisoners were unwilling to co-operate
without a promise of anonymity for fear of reprisals from both Serco and fellow
prisoners. Many Serco staff were also
unwilling to be interviewed without similar promises of anonymity.
Natural justice does not require
disclosure to Serco of interview notes, Justice Clark said. She was critical of Serco describing
Corrections final report as “wilfully portray[ing] Serco in the worst possible
light” and using language that was “deliberately controversial, sensational and
prejudicially selective”. The Report is
measured and temperate and Serco’s description is wholly unwarranted, she
said. Release of the 92-page report was
ordered.
Serco
v. Corrections – High Court (11.08.16)
16.125