Dylan Voller seeks early release from jail into outback rehabilitation program
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Version 0 of 1. Dylan Voller, a former Don Dale detainee now jailed in Darwin’s adult prison, is seeking early release from jail into an outback rehabilitation program. The crown opposed the application, telling the court “past behaviour is the best predictor of future behaviour” and that Voller had displayed consistent bad behaviour while incarcerated. Voller is one of six teenage boys who were teargassed by guards in the Don Dale juvenile detention centre in 2014. The incident was subject to at least two damning reviews and formed the basis of a Four Corners episode, alongside vision of Voller in a spit hood and tied in a restraint chair, which sparked a royal commission. Voller is currently serving three years and eight months in Darwin’s adult jail on convictions relating to an aggravated robbery. Previous applications for parole have been rejected. On Wednesday Voller’s lawyer, David Dalton SC, told the NT supreme court the 19-year-old was “highly unlikely” to receive parole and thus would not be sent to a conditional rehabilitation program on his full release in October. Dalton requested Voller be permitted into the Alice Springs residential rehabilitation program, Bush Mob, as either a suspended sentence or a condition of bail. Bush Mob has indicated a space for Voller is available. Dalton argued a pre-sentencing report and two medical reports – one of which called into question the other’s diagnosis of PTSD – supported Voller’s release into the rehabilitative program. The crown, represented by NT government lawyer, Trevor Moses, said Voller should not be released, submitting a folder of offender development reports prepared by Darwin correctional centre staff and detailing hundreds of incidents of alleged misbehaviour. Moses rejected what he described as a submission from Voller’s lawyers that Voller had been reclassified as a high-risk prisoner “through no fault of his own”. He said the documents spoke to the “very particular efforts” by staff to give Voller “every possible chance be de-escalated” to a lower-security classification. “Mr Voller has consistently been of poor behaviour while he has been in prison. That is why corrections have been unable… to move him to a lower classification,” he said. Dalton countered the reports were only allegations and had never been tested, and said at least one assault allegation had been looked at by NT police who were taking no further action on it. Voller’s representatives have previously submitted allegations of mistreatment and harsh treatment against Voller – for which he is suing the NT government – in support of his early release. However, Justice Peter Barr said on Wednesday any harsher conditions placed on a prisoner must be weighed against whether it occurred out of their control, such as an unprovoked attack, or was brought upon themselves through misbehaviour. Barr also questioned the benefit in keeping Voller in prison for another eight months if he could be released early “on a tight leash” under strict monitoring with severe consequences for breaching any potential conditions of bail. Moses said that would be true of any prisoner and the court “shouldn’t have confidence” that Voller would comply with any rules set. He pointed at Voller’s previous releases from detention, including five times when Voller was rearrested between one and 48 days. This, and Voller’s alleged misbehaviour in detention demonstrated he was not ready for release and to do so would be “setting him up to fail”, Moses said. Dalton told the court Voller “very much wants to get out”. “He is prepared to suffer the consequences should he breach these stringent conditions recommended … including electronic monitoring. That in itself speaks volumes about a change in the evidence with respect to his prospects of rehabilitation. He wasn’t even interested in rehabilitation in 2014 [when he was sentenced]”. Sine the age of 12, Voller has spent about 18 months outside of custody, Dalton told the court. There was no evidence he was a willing participant in earlier bouts of supervised release, and was now much more enthusiastic for it, he added. Barr adjourned his decision until Thursday afternoon. |