Unit 18’s promised closure after one year was not being “actively” planned before a massive riot at Banksia Hill became the Department of Justice’s key reason for keeping it open, Cleveland Dodd’s inquest has been told.
Christine Ginbey, who was demoted in the wake of the 16-year-old’s self-harming death in October, has been one of the most highly anticipated witnesses and took the stand on Friday.
Her testimony was delayed — causing a big knock-on effect on the inquest’s planned schedule — after she dropped representation by the State Solicitor’s Office and hired her own lawyer.
A guarded Ms Ginbey admitted that Cleveland’s death could have been prevented, had the paper he’d covered his in-cell camera with been removed, but repeatedly rejected expert opinion that it was predictable amid dire conditions in youth detention.
She accepted the controversial Unit 18 — hurriedly set up within nine days in mid-2022 inside the maximum-security adult Casuarina Prison — had been open “much longer” than its planned 12 months.
That was due to the massive riot at Banksia Hill on May 9 last year, she said, but admitted preparations for closure before then could not be described as “active planning”.
“I’m not aware of any paperwork,” Ms Ginbey said.
“What, have a cup of tea and have a talk?” counsel assisting the coroner Anthony Crocker asked.
“We had commenced discussion … there was not a formalised planning process,” Ms Ginbey replied.
![Pictures of Corrective Services Minister Bill Johnston and Department of Justice Deputy Commissioner Christine Ginbey will hold a press conference about last night’s riot at Banksia Hill., outside Parliament House in Perth.](https://timesofsydney.com/wp-content/uploads/2024/08/72fc9e78fd69ddde8177363af96025c626c9de09.jpg)
Unit 18’s superintendent at the time of the tragedy, Douglas Coyne, who was actually promoted after Cleveland’s death, recently testified that the handful of Unit 18 detainees could be moved to the Jasper wing at Banksia Hill after “strengthening” works were complete.
Echoing Mr Coyne, Ms Ginbey said closing Unit 18 was a priority but not the only one, nominating “the end of this year” when pressed by Mr Crocker on a shuttering date.
“There are from time-to-time higher priorities,” she said, citing repair work at Bunbury Regional Prison after a tornado in May.
“It doesn’t mean it isn’t a priority.”
Ms Ginbey then described how work needed to be done beyond Jasper, including protecting female detainees after boys broke into their wing during the riot.
The West Australian exclusively revealed days after the uprising that in the midst of the chaos, a male and female detainee engaged in what was described as a sexual “tryst”.
Ms Ginbey alluded to the incident, saying it “hasn’t been the case previously” that the girls were safe.
She said she was “terrified” of another incursion by the males again.
“We had girls with a sharpened pen and a cup of urine to protect themselves if the boys came in,” Ms Ginbey said of the 2023 riot.
Asked if the work could gain pace, she said the custodial estate wasn’t “an easy environment to get contractors to work in” because they were subjected to security and character checks.
Ms Ginbey was the deputy commissioner for women and young people when Cleveland fatally self-harmed — but the State Government announced days later that she had been stripped the latter portfolio as part of a restructure.
It wasn’t implemented until last month.
Earlier, the SSO copped another spray from Coroner Phil Urquhart over the “not acceptable and not satisfactory” late lodgement of documents.
Proceedings were not held on Thursday to allow his office to work through last-minute arrivals.
“The failure to prepare Ms Ginbey’s first statement in a … timely manner has had wide-ranging implications,” Mr Urquhart said.
While some witnesses have taken longer than expected, the belated documents — including the Unit 18 operating manual — have helped push out the inquest to a third tranche.
This second tranche after the first phase of hearings in April will continue next week before resuming for three days in October.
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