A group of dangerous criminals in Victoria is pursuing a class action against the state government, alleging human rights abuses in a new prison. At least 11 inmates from the maximum-security Western Plains Prison are seeking sentence reductions based on their treatment in a high-security unit. The challenge, launched in May, has garnered support from a variety of offenders, including murderers and gangland figures.
The inmates were relocated to the Western Plains Prison in Lara, north of Geelong, after Barwon Prison was evacuated in April 2023 due to a suspected gas leak. Following the prison’s formal opening in July 2023, several prisoners held at the high-security Karlton unit have leveled accusations of inadequate conditions that violated their rights.
Among those leading the charge is notorious criminal Christopher Dean “Badness” Binse, who is joined by fellow inmates including Alexander Semaan. They argue that their confinement in the Karlton unit’s exercise areas, which lacked natural light and sufficient space, amounted to a breach of the Charter of Human Rights. One affidavit described the conditions as akin to a “24-hour lockdown day” at Barwon Prison.
The class action involves claims that the design of the unit, including a roof that prevents sunlight from entering, constitutes an enclosed space that denies inmates their right to outdoor access. The complaints are detailed in court documents that highlight the psychological toll on inmates, with one stating, “This is an enclosed space in every sense of the word ‘enclosed’.”
In September 2023, a judge ruled against allowing the case to proceed as a class action, a decision that is currently under appeal. The inmates are leveraging Victorian law, which permits a maximum four-day sentence reduction for each day spent in emergency or deprived conditions, known as emergency management days (EMDs).
An open letter circulated among inmates at the Karlton unit outlined their intention to contest their conditions and seek support for their legal claims. Notably, several other high-profile inmates, including Ramazan Acar, who was convicted of murdering his two-year-old daughter, and Daniel Treasure, serving 20 years for killing a drug dealer, have joined the proceedings.
Despite their bleak circumstances, the plaintiffs are mobilizing support. The letter stated, “The prison system is arguing that our cases should not benefit any other prisoner because there is no evidence that other prisoners want to complain.” This appeal for solidarity highlights the shared grievances among the inmates regarding their treatment.
The construction of the Western Plains Correction Centre cost $1 billion, raising questions about the adequacy of facilities provided for inmates. As legal battles continue, concerns persist regarding the implications for the prison system and the treatment of inmates within it.
A spokesperson for the Department of Justice declined to comment on the ongoing legal matters, emphasizing the inappropriateness of discussing active court proceedings. As this situation evolves, the outcomes may significantly impact how prisons operate and the rights of those incarcerated within the system.
