‘Idiotic, cruel, boneheaded’: Judge slams police over sleep-deprived inmates

2 months ago 15

Victoria Police has been slammed over its “cruel and boneheaded” practice of waking inmates every hour in regional holding cells to monitor their welfare, with a judge saying the severe sleep deprivation was akin to torture.

The Supreme Court judge warned the “idiotic policy and the intransigence of Victoria Police” could force trials in regional Victoria to be permanently moved to Melbourne, which would place further strain on the state’s judiciary.

Justice Michael Croucher examined the practice while overseeing a murder trial for three accused in Shepparton and said the police “just should stop”.

The court heard inmates awaiting cases in regional centres are roused every hour by police officers as part of welfare checks, usually with a torch but sometimes by being asked to speak or stand.

“It is idiotic. It is cruel. It is boneheaded. It just should not be happening. Sleep deprivation is a well-known form of torture,” Croucher said in a withering judgment published on December 16.

“Those who are responsible for making these policies (or for commanding others to enforce them) really need their heads read. They should think again.”

But Victoria Police has defended the practice, saying it is based on findings from the Royal Commission into Aboriginal Deaths in Custody and several Coroner’s Court inquiries.

“Victoria Police has strict policies in place to ensure the safe management of people in police custody,” a spokeswoman said. “These processes take into account prisoner welfare and are regularly reviewed to ensure police are supporting the human rights of any detained person.

“As this matter is currently before the court, we will not be making further comment at this time.”

Croucher ordered that the trial of Kylie Stott, 40, Dimitri D’Elio, 27, and Danny Clarke, 41, on murder, kidnapping and arson charges be shifted to Melbourne, where remand conditions are better.

He found that the trio would be at risk of falling asleep in the dock and incapable of following court proceedings or giving proper instructions to their lawyers because of their tiredness if the trial remained in Shepparton.

Murder victim Charlie Gander’s body was found in a burnt-out car near Shepparton.

“These people are on trial for murder, the most serious crime in the criminal calendar, as well as kidnapping and arson. It is unthinkable in today’s world, to me at least, that police would engage in such behaviour all dressed up in the name of welfare,” Croucher said.

He said that while the policy, which was enforced across the state, appeared to be Victoria Police’s response to coronial findings into deaths in custody, those cases “involved circumstances nothing like the situation that obtains here.

“If it is truly aimed at welfare, it is a complete and utter overreaction,” Croucher said.

“There is no evidence that they are suffering mental or physical illness of the type that would require that sort of monitoring. They are classified as low a risk as the scale of classification allows, even by Victoria Police.”

Croucher urged police to rethink their approach, saying those responsible for the policy need “their heads read”.

“The consequence will be that, if this practice is going on throughout the regions ... then it is the end of criminal trials of any substantial duration in those regional courts when the accused are in custody,” he said.

“Here, in Shepparton, we have this relatively new, massive, purpose‑built building, and there are similar buildings in other regional centres, and, yet, if this practice continues, they are not to be used for such trials. What a waste. What a disgrace. Victoria Police should hang their heads in shame. It is disgraceful.”

Croucher finished his judgment by sardonically commending the force for refusing to review or revise its policy.

The location on Loch Garry Road, where Gander’s body was found.

“Well done, you, Victoria Police. Well done.”

On December 10, D’Elio was found guilty of murder, kidnapping and arson, Stott was found guilty of kidnapping and manslaughter, and Clarke was convicted of kidnapping.

Last week, Clarke was sentenced to four years in prison, with a minimum sentence of two years and four months, over his role in the death of teenager Charlie Gander.

The trio were accused of kidnapping Gander on Christmas Eve 2022 from a holiday park in Shepparton and murdering him before dumping his body in a car and setting it on fire.

The court heard the group believed Gander had implicated a friend of theirs to police in a crime.

D’Elio and Stott are to be sentenced on February 9.

Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.