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A prisoner who was assaulted by another person in jail twice has failed in his latest bid to hold Corrections responsible.
The first attack happened in April 2017, and the victim was moved to a separate wing of the prison. Two months later, a Corrections officer encouraged the man to go into an exercise yard, but his attacker was already out there.
The man was punched in the head and face for up to five minutes before staff intervened, receiving facial bruises and a cut lip.
He claimed Corrections had failed to keep him safe, but the guard involved said he had misunderstood the situation.
"He thought there had been a reconciliation between [the prisoners], but this must have been wrong," a decision by the Supreme Court read.
The High Court earlier ruled the Corrections officer breached a duty of care and his actions were the reason the prisoner was injured. However, it found the breach was the result of an error, rather than bad intent.
"This was a one-off mistake by a well-intentioned and not indifferent Corrections officer, and the breach of the common law duty falls far short of the requisite threshold to establish a breach of [the man's] right to be treated with humanity and with respect."
The decision was upheld by the Court of Appeal, which found: "Corrections officers involved were sensitive to the appellant's needs, honestly believed his safety was not at risk, and treated him throughout thoughtfully, and with humanity and respect for his inherent dignity."
The Supreme Court has this week declined to hear the prisoner's latest appeal, saying it was clear the Corrections officer had made an honest, non-systemic mistake.
