Brookingblog

Graeme Burton spent 14 years in prison  - doing next to nothing – before he was released and killed Karl Kuchenbecker. Murray Wilson, aka the ‘Beast of Blenheim’ –  committed his crimes well over 18 years ago. He’s been sitting in prison ever since – also doing nothing – and the whole country (well, Wanganui anyway) is up in arms. Why? The ‘doing nothing’ in prison seems to be the problem.

For many years Wilson was held in Rolleston Prison, a low-security prison with a sex offenders unit that delivers group-based treatment to child sex offenders – just what Wilson needed.  But  Corrections refused to put him into this programme because he would not acknowledge  his guilt. That’s very strange considering the entry criteria for this programme state that “denial or other cognitive distortions related to offending behaviour” are an indication of suitability for the programme.

Wilson clearly lacks insight, but it seems Corrections wouldn’t even let him see a psychologist. Speaking via video link to the High Court at Wellington in June 2012, Wilson complained, not for the first time, that he had even been denied counselling with a psychologist for the same reason – he would not admit he was guilty. He said he has had only four hours counselling in the 18 years he has been in prison.

Dealing with denial

Being ‘in denial’ is not uncommon and is often an issue when dealing with drug addicts and alcoholics.  ‘Ambivalence’ is similar – a state of mind where the drinker or drug user is aware they have a problem but is not yet willing to address it.  Alcohol and drug counsellors work with ambivalence and denial on a daily basis by using ‘motivational interviewing’ – individual counselling designed to enhance insight and motivation. It requires a non-confrontational approach to the client and the ability to ‘roll with resistance.’ Once rapport has been established using these techniques, then more in-depth treatment can begin.

Unfortunately, it seems Corrections psychologists were not able to establish rapport with Wilson. He refused to even meet with the psychologist who wrote the final damning risk assessment on him and so she prepared her report from information on his file.  Apart from the dubious ethics involved in writing a report without talking to the subject of that report, why would Wilson not want to meet with her? Probably because Corrections psychologists are generally employed to write risk assessment reports rather than provide therapy – and she had already written a number of negative reports about him.   That’s probably where the ‘four hours counselling’ went that Wilson was referring to. Clearly there was not a lot of trust between Wilson and this particular psychologist.

Wilson’s background

This is not surprising. Wilson comes from a background that makes it very hard for him to trust anyone. His parents were both alcoholics and it appears he was sexually abused as a child himself.   As a teenager he was hospitalised for a long period in psychiatric institutions, and had little in the way of education. Given his personal limitations, that puts the onus on Corrections psychologists to make more of an effort. But they didn’t. They appear to have met with him only four times in 18 years and declared him unco-operative. They wouldn’t allow him to attend any counselling or attend treatment in the sex offenders unit unless he admitted his guilt.

The most pathetic part of  this farce is that Corrections claims it cannot compel offenders to attend rehabilitation programmes. That makes no sense at all. The police have the power to arrest criminals; the court has the power to send them to prison; but Corrections claims that once in prison they can’t compel anyone do a programme. That’s bullshit.  He’s in prison for God’s sake – attendance should be compulsory – especially when international research indicates that compulsory treatment is just as effective as voluntary treatment. The same research also shows that long term programmes work better than short-term programmes – because they give an offender time to become engaged in the process.  That’s why the sex offenders’ programme is the longest the Department provides  – it takes nine months and reduces the risk of re-offending by more than 50 per cent.

Setting offenders up to fail

Unfortunately, Corrections never gave Wilson a chance. They seemed to think he had  to have the necessary insight and motivation right from the start.  That’s just totally unrealistic.  The majority of offenders are also alcoholics or drug addicts who are often unmotivated, in denial or ambivalent at the start of a rehabilitation programme – but become engaged once it gets going.

The reality is that Corrections was responsible for rehabilitating Wilson but made almost no effort to do so.  All they did with him in prison is isolate and contain him – for 18 years. Now he’s being released to Wanganui under the most stringent conditions ever imposed on anyone ever released in New Zealand. That’s  more containment. The people of Wanganui have made it very clear they don’t want him. That’s more isolation.

Someone who knows something about rehabilitation is Victoria University Professor, Tony Ward, a clinical psychologist with expertise in sexual offenders.  He described the fervour at Wanganui’s public meetings as a type of “moral panic” and said that given Mr Wilson’s age, he was unlikely to reoffend.  ”The reoffending rate for very high risk people over 60 is about six per cent.” Professor Ward said the best way to rehabilitate sex offenders was to keep them in the midst of other people – where they could be watched – and give them support.”

This is all so familiar. Graeme Burton committed two murders under the influence of alcohol and drugs. Corrections had him in their custody for 14 years and never put him into a programme to address the core issue – his drug addiction.  They also ignored the recommendations of six expert reports pointing out that drug use was a risk factor for Burton and did not bother to provide the Board with an alcohol and drug assessment on him despite a statutory obligation to keep the Board informed about all aspects of his offending.

The Department had Wilson in custody for even longer – 18 years, and they’ve done exactly the same thing – nothing.  One can only conclude that Corrections is deliberately setting up Murray Wilson to fail – just like they did with Graeme Burton.

Jane Wilson is 36 year old drug addict. She was referred to me for an alcohol and drug assessment after being charged with possession of methamphetamine for supply.   She started using meth about ten years ago and began selling to friends and acquaintances to fund her habit.  She had also been smoking cannabis since she was 14 – usually on a daily basis.  I interviewed her in July 2012 in Arohata prison – by which time she had been on remand for three months as her case slowly winds its way through the courts.

This is not an uncommon story – except that Ms Wilson has diabetes, diagnosed at the age of 11. So for 25 years she has been injecting herself with insulin on a daily basis and usually requires five injections a day.

Diabetes requires careful management.  Diabetics are supposed to test their blood sugar levels four or five times a day in order to know how much insulin to inject. A normal reading is between 4.00 and 7.00 mmol. Readings below 4.00mmol are potentially dangerous as the brain is being starved of oxygen – a condition known as hypoglycaemia. The patient becomes weak, anxious and confused and if the blood sugar level continues to drop, they may become comatose and die.

Diabetics generally carry barley sugars or something sweet to give their sugar level a rapid boost if it drops too low.  Soon after arriving in Arohata, Ms Wilson was given a supply of glucose tablets and the prison nurse gave instructions that she was to have these with her ‘at all times’. The nurse then went on leave for eight weeks. Apparently believing that inmates cannot be trusted, even with glucose, prison officers took the tablets off her and kept them in the office. So whenever her blood sugar tested low, Ms Wilson had to press the emergency button in her cell and ask for help.

These requests were met with a variety of unhelpful or insulting responses such as:  “I hope you’re not cunting us around Wilson.”  On another occasion when her blood sugar was down to 2.4mmol, an officer said: “We can’t be doing this every night Wilson.” On yet another occasion, about half an hour before dinner was due to be served, her blood sugar dropped to 3.4mmol. She pressed the buzzer twice and was ignored twice. She had to ask the officer who brought the dinner to give her some sugar as well.  Next day Ms Wilson told a nurse what had happened and was assured the officers would be spoken to.  Later that day, a male guard said: “We don’t appreciate being complained about so don’t be expecting any favours.” Another officer told her: “It’s not all about you Wilson.”

In the report which I provided to the judge, I pointed out that this situation was making Ms Wilson very anxious. She was so upset she cried virtually every day, and became so depressed she needed antidepressants. She was afraid she might die from a hypoglycaemic attack because the prison officers just didn’t care. In my report I wrote:

1)      Ms Wilson’s situation is complicated by diabetes. Her concerns about the quality of care she currently receives significantly exacerbate her underlying anxiety.  Ms Wilson worries that she might die in prison because prison staff either don’t care or don’t know how to assist her regulate her blood sugar levels – especially at night when medical staff are not available. 

 2)       Corrections Department rules make it difficult for Ms Wilson to gain effective control of her blood sugar levels. I spoke to the specialist diabetic nurse (at Kenepuru Hospital) who expressed particular concern about the last meal of the day in prison being served at 4:30 p.m. She said that to maintain control of their blood sugar levels, diabetics need to eat six meals a day and need supper before going to bed in order to avoid developing low blood sugar during the night. She said that ‘low blood sugar is an extremely dangerous condition’ for Ms Wilson.  

 3)      In a recent report on the health of prisoners, the Ombudsman reported that: “Prisoners continue to complain that the national menus implemented by the Department do not consider the specific health needs of prisoners, especially diabetics.” Ms Wilson’s GP and the specialist diabetes nurse both expressed concern about the fatty prison food which is not good for diabetics.  They both felt that the prison regime with limited physical activity makes it even more difficult for a diabetic to manage blood sugar levels which require an appropriate balance between food intake and physical activity.

After nearly four months on remand, numerous hypoglycaemic attacks and one emergency visit to hospital, Ms Wilson eventually appeared in Court. The judge showed compassion and released her on electronic bail while her case proceeds. But if she receives a sentence of more than two years, she will have to go back to prison where she will be exposed to the same kind of treatment all over again.

Debra Kaye has a young son in prison at OCF. On April 17, she wrote on BrookingBlog: “Currently in Otago Correctional Facility there are five men that have been locked up for twenty three hours a day in their punishment cells. They have been put into the management (punishment) wing for over three months and denied any freedom other than an hour a day of basic exercise. ”

They were put into the management wing because they “raised a peaceful objection to the fact that they were being unfairly treated in the wing they were previously in. The power was turned off by the wardens, the water was cold when showering, and they were left outside in freezing weather, rain and snow for long periods. They were also given meagre (amounts of) food which does not allow for growth development in young men.”

When the men complained, “This led to accusations and unfounded allegations directed at them and a serious beating and assault on one or more of them. They were put into lock down and their basic human rights denied for months on end!”

“The youngest (of these men) is 19 years old and has spent two years in OCF without attending any rehabilitation programmes.  Apparently Corrections officers believe a prisoner has to earn the right to attend rehabilitation and they believe this is an acceptable way in which to teach prisoners about their wrong doing.”

The Coroner’s findings

Debra Kaye, who wrote this, is the mother of the 19 year old. As such one might wonder whether she is able to provide an objective account. Isn’t she just a naïve parent inclined to believe anything her son tells her. I don’t think so. She’s right about one thing at least. Prisoners who ‘misbehave’ are not allowed to attend rehabilitation. If the ‘misbehaviour’ is a trumped up, that’s just one of the many ways in which prisoners are denied access to rehabilitation programmes.

She also seems to be right about the abuse of prisoners at OCF – indeed, the coroner, David Crerar, has backed her up. Mr Crerar has just released his findings into the death in prison of Richard Barriball in which he was highly critical of Otago Corrections Facility (OCF) staff.

Barriball was found dead in his cell in conditions indicative of suicide on October 9, 2010. He was on remand at the time of his death. The coroner wrote that: “Richard Barriball considered that he was ‘set up’ in respect of the charges he was facing. The term of imprisonment he expected was uncertain. He also suffered from an underlying fear that he would be the victim of a prison assault.”

The coroner also noted that as a result of a recent operation on his arm, one of his arms was in a sling and Barriball was in a ‘considerable amount of pain’. However Corrections staff refused to give him painkillers which had been prescribed by a doctor. The coroner wrote:

“The causes of the death and the circumstances of the death of Richard Barriball have shown suboptimal care by OCF in two respects. One was the failure of OCF to provide delivery of prescribed pain relief at a time deemed most appropriate by clinicians”.

The other was that “his family’s concerns over his state of mental health went ignored by prison officials.” The coroner said two separate communications were made by family and by the prison chaplaincy expressing concerns to OCF about Barribal’s mental state. “This intelligence was not collected, recorded, reported or acted upon.” In the days leading up to Barriball’s death, Crerar said the stressors faced by Barriball, were overwhelming and this led to his suicide. In a separate case, the coroner was also highly critical of the way prison officers treated Anna Kingi who died in prison in 2008.

Systemic psychological abuse

In the Annual Report of Activities under the Optional Protocol to the Convention against Torture (OPCAT), which New Zealand signed in 2007, the Ombudsman expressed concerns about the treatment of vulnerable prisoners by the Corrections Department. Corrections refusal to provide medication to prisoners who are in pain has been discussed in this article:  The prison health system – maybe it’s not torture, but it hurts like hell.  The use of sleep deprivation and the ‘naked squat’ on mentally ill prisoners in New Zealand, is discussed here: Officers look up prisoner’s anus – 84 times in three weeks.

Are prison officers abusing their power and psychologically torturing the inmates? The evidence is mounting and it’s time for an inquiry – especially at the Otago Corrections Facility.

Kim Dotcom recently spent a month on remand in Mt Eden prison after the Solicitor General bowed to pressure to have him extradited to the United States.   The police took away his cars and froze his bank accounts.  In prison, Corrections took away his blankets and deprived him of sleep – they woke him up every two hours. Dotcom said he was treated like a convicted criminal – as if depriving convicted criminals of sleep was a legitimate practice.

Sleep deprivation cells

It’s not legitimate. Sleep deprivation was declared illegal under Article 3 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. New Zealand signed the convention in 1985.  Then there’s Section 5 of the Corrections Act (2004) which requires the Department to ensure prisons are “operated in accordance with rules (and regulations) in this Act and… are based, amongst other matters, on the United Nations Standard Minimum Rules for the Treatment of Prisoners.”   Rule 31 states:  “All cruel, inhuman or degrading punishments shall be completely prohibited.”

The management of Corrections just ignore all this – sleep deprivation is a deliberate and daily practice in New Zealand prisons. What’s worse, it’s reserved primarily for those who are least able to cope with it – prisoners who are suicidal and psychologically vulnerable. The Corrections Department even has special cells for suicidal prisoners with camera surveillance 24/7 so the prisoner can be observed at all times – including on the toilet.  Anything the prisoner might use to commit suicide is taken away; they’re not allowed underwear, clothes, sheets or blankets – in case they rip them up to use as a rope.  All they get to wear is a canvas tunic. It’s so tough it can’t be ripped – and it’s very uncomfortable.

Throughout the night, the lights come on automatically every 30 minutes, so staff can see if the prisoner is doing anything – other than sleeping.  Euphemistically, the Department calls these ‘At Risk’ cells. In reality, they’re Sleep Deprivation cells and Corrections has 160 of them.

The naked squat

Sleep deprivation is not the only breach of UN Rule 31.  Another is ‘the naked squat’. I heard about this from a prisoner who spent a weekend in these so-called ‘At Risk’ cells. Immediately after being sentenced, he was taken to the Receiving Office at Rimutaka prison. There he was told to strip naked in front of four officers, and crouch down so the cheeks of his bum spread apart. Two officers got down and looked up his anus – to see whether he had a cell phone, drugs or other contraband hidden up there. Then he had to stand and hold up his penis and scrotum so they could see if he was hiding anything under his genitals. Finally they looked under his armpits and into his mouth.

After this inspection, the prisoner was asked: “How are you feeling?”  He replied: “A bit delicate.” That was enough to warrant a trip to the ‘At Risk’ cells.  Two officers escort him, and hand him over to another set of officers – who tell him to strip off once again. He protests – somewhat timidly – saying he’s just been searched five minutes ago. But it’s in the rules. All prisoners being admitted to the At Risk/Sleep Deprivation cells have to be searched.  So once again, he strips off and does ‘the naked squat’ while more officers eagerly examine every orifice.

In the morning, he’s taken to the shower block – where pretty much everything he does can be observed. Once he’s brought back to his cell, he has to do the squat again.  Then he’s taken to a different cell to have breakfast. He asks why? No one seems to know. After breakfast, he’s brought back and once again, the officers examine his anus and genitals. The same thing happens after lunch and after dinner. He’s required to perform ‘the naked squat’ every time he comes back to his cell. Why? Because he’s a prisoner, a species less than human, and it’s in the rules. In the course of one weekend, he had to spread his cheeks 11 times.

Another extremely vulnerable prisoner was kept in these Sleep Deprivation cells for three weeks. Imagine that – anxious and suicidal, nothing to do, no TV, no distractions for three weeks on end – except the lights turning on and off all night; and nothing to look forward to except the intense embarrassment of performing the naked squat in front of prison officers who want to examine every orifice four times a day. Don’t forget, this is all happening in a secure environment where the prisoner has no contact with the outside world – where it is simply not possible to find anything to put up your arse, except perhaps a piece of soap from the shower.  But why would you want to do that? This prisoner endured this indignity four times a day for three weeks – that’s 84 times. How degrading is that?

Anal analysis

The ideal treatment for depressed or suicidal patients would generally include emotional support, counselling and/or antidepressant medication. For such patients, getting a good night’s sleep is paramount.  Treatment should focus on improving the prisoner’s state of mind.

But the prisoner is not really human. He’s barely an animal, so the treatment is focused on his anus – and keeping him awake for days on end. This is an appalling abuse of power – and a breach of the Corrections Act and United Nations Conventions.  Dotcom was right. He was tortured. When this sort of abuse happens in other countries, Amnesty International and a few academics are quick to point out the perpetrators. Meanwhile, the abuse of sleep deprived prisoners in New Zealand has been going on for years.  The Corrections Department is obsessed with this anal analysis  - unfortunately, the rest of us don’t seem to give a shit.

Roger Brooking

Author of Flying Blind – How the justice system perpetuates crime and the Corrections Department fails to correct