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1/1/Nal OIC/05 ___INQUIRY INTO the MANAGEMENT OF 1/1/nal OIC/05 Copyright in this document is reserved to the State of Western Australia. Reproduction of this document (or part thereof, in any format) except with the prior written consent of the attorney-general is prohibited. Please note that under section 43 of the Copyright Act 1968 copyright is not infringed by anything reproduced for the purposes of a judicial proceeding or of a report of a judicial proceeding. _____ INQUIRY INTO THE MANAGEMENT OF OFFENDERS IN CUSTODY THE HON DENNIS LESLIE MAHONEY AO QC, Presiding TRANSCRIPT OF PROCEEDINGS AT PERTH ON TUESDAY, 2 AUGUST 2005, AT 10.27 AM Continued from 19/7/05 MR PETER QUINLAN, Counsel assisting MS NICOLA FINDSON, Instructing solicitor 2/8/05 938 (s&c) Spark & Cannon 1/2/nal OIC/05 MAHONEY, MR: This is the resumption of the public sittings of the inquiry. As foreshadowed in the first public sittings in this public sitting the inquiry will deal with the case of Paul Stephen Keating. It will detail at some length what led to the crime with which Mr Keating is now charged and to which he has pleaded guilty. What will emerge will, it is anticipated, illustrate some of the more important aspects of the administration of the prison system at the present time and it will allow judgments to be made as to what defects or deficiencies there may be in it. It's important that government and the public be aware of what is involved and the problems which are posed. The administration of a modern prison system inevitably poses problems . It poses complicated problems, problems for which there are no easy solutions. It illustrates the old truism to every complicated problem there is always a simple solution and it's always wrong. It must be understood that to the prison problems there are no magic wands. The present case is an example of, amongst others, two of these problems. First, men can and do commit brutal crimes. One must ask is it wise to treat them equally brutally or should we recognise that if we treat men brutally we will produce brutes? To produce brutes does us no good in or out of prison. Second, we must try to rehabilitate those who can be rehabilitated in our own interest and, if one continues to speak in these terms, in their own interest and in God's, but who should we try to rehabilitate and when? If our prison system is such that it puts into the rehabilitation process the wrong person or the wrong time we may produce the kind of crime which occurred and will be described in the Keating case. The problem is how is our choice to be made? Must we refuse to rehabilitate the 99 per cent because we may try to rehabilitate the wrong man and lead to what has occurred in the present case? The details of the Keating case will, it is believed, present for public examination the kinds of problems which face those who must administer the prison system and one may ask please that they be understood in what they do. To understand is not necessarily to forgive the mistakes that are made, if mistakes there have been, but it is hoped that the knowledge of what is involved will lead to a lively but an informed discussion of what is involved in the work of those who must administer the prison system. Mr Quinlan will detail the matters involved in the Keating case in due course. Yes, Mr Quinlan? QUINLAN, MR: May it please you, sir. As you have indicated, these public hearings fall to consider the prison management of Paul Stephen Keating, who is a 2/8/05 939 Spark & Cannon 1/3/nal OIC/05 sentenced prisoner within the WA prison system. On 27 July this year Keating pleaded guilty to offences in relation to an incident at Bunbury Regional Prison that occurred on or about 16 March this year. On that day, on the 27th, Keating pleaded guilty to 10 counts of aggravated sexual penetration, two counts of indecent assault and threats to compel, three counts of threats to kill and one count each of deprivation of liberty and assault occasioning bodily harm. That matter has been adjourned for sentence by the District Court on 15 September this year and in that context it is important that in the public sittings of this inquiry the position is made very clear in relation to the nature of these proceedings and the purpose for which they are held. The matter of sentencing in relation to the offences for which Mr Keating pleaded guilty on the 27th of last month are entirely a matter for the courts and he will be sentenced for those offences in accordance with the usual sentencing principles. It is not the purpose of these proceedings to be involved or comment in any way upon that process. In particular, Keating is to be sentenced for those offences by the court and not for any offences or acts he has otherwise committed in the past and for which he has already received a sentence. 2/8/05 QUINLAN, MR 940 Spark & Cannon 2/1/slh OIC/05 As will be seen, Keating is already serving a life sentence for offences committed in 1979 and is the subject of an order for an indeterminate sentence which was made under the former section 662B of the Criminal Code. Those sentences applied to Keating before the current offences and they will continue to apply to him after he has been sentenced by the court in relation to the offences which he has recently pleaded guilty to. These proceedings are not concerned strictly speaking with Mr Keating as such, they are concerned with his management by the Department of Justice. For these reasons, and given that the matter is still before the courts for sentence, the details of the offences which occurred on 16 March 2005 are not the subject of the inquiry and the detail, other than to note that serious offences occurred on that day, will not be the subject of detailed examination by the inquiry. The inquiry has gone to some lengths to ensure that the administration of justice by the courts in relation to those offences is in no way affected or interfered with by these public sittings which must be held prior to the reporting date of the inquiry, which according to the terms of reference is 1 October this year. For the sake of completeness I will set out the lengths that have been gone to. Firstly, on 12 May 2005 - this is document 519 - a letter was written to Mr Cock QC the director of public prosecutions in relation to the public hearings generally. Indeed, a meeting was held between the inquirer and the director on that day. That letter of 12 May stated: Commencing on 9 June 2005 the inquiry into the management of offenders in custody under the Public Sector Management Act 1994 will hold public sittings to examine inter alia the management of the following offenders who are serving terms of imprisonment in West Australian prisons. The three prisoners who are then referred to were Paul David Cross, who was dealt with in the sittings in June, Brian William Edwards, who was dealt with in the sittings in July, and the third was Paul Stephen Keating. The letter continued: These offenders have been selected for examination by the inquiry because of offences alleged to have been committed by them while sentenced prisoners on the following dates. The third referred to Paul Stephen Keating on or about 16 March 2005. The letter continued: 2/8/05 QUINLAN, MR 941 10.34 Spark & Cannon 2/2/slh OIC/05 It may be that proceedings are pending or are intended to be brought which have a relationship to the actions of these persons. The inquiry is of course anxious to ensure that during its public sittings nothing will be done which will constitute an unacceptable interference with the course of justice or will otherwise be inconsistent with its obligations. As far as presently appears, nothing of such a nature appears likely to occur. However, in order to ensure that what is done by the inquiry does not interfere with any proceedings the matter is brought to your attention. If you wish to raise any matter in this regard you are invited to communicate as soon as possible with the executive director of the inquiry Mr Peter Byrne. Thank you for your consideration. Yours sincerely, Dennis Mahoney AO QC. On the same day a letter was sent to Mr Keating who is in the special handling unit at Casuarina Prison. That letter, document 521, from Mr Byrne the executive director stated: Dear Mr Keating, commencing on 9 June 2005 the inquiry into the management of offenders in custody under the Public Sector Management Act 1994 will hold public sittings to examine the management of a number of offenders serving terms of imprisonment in West Australian prisons. It is likely that you will be one of the prisoners whose management will be considered during the course of the public sittings. It may be that proceedings are pending or are intended to be brought which relate to your conduct while a sentenced prisoner. The inquiry is anxious to ensure that during its public sittings nothing will be done which will constitute an unacceptable interference with the course of justice or will be otherwise inconsistent with its obligations. As far as presently appears, nothing of such a nature appears likely to occur.
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