Precisely 12 hours before a teenage boy attempted to take his life in a WA youth detention unit last week, he was told his bid to be given bail had been delayed again.
Key points:
- The teen had his bail hearing adjourned 12 hours before self-harming
- He had been due to have his next bail hearing tomorrow
- The boy is now on life support in Sir Charles Gairdner Hospital
WARNING: This story discusses incidents of self-harm.
It was at least the third time his bail had been adjourned since he allegedly broke into a caravan park and committed aggravated burglaries in July.
The boy, simply known as "V" in the Children's Court transcript obtained by the ABC, had been on remand since then.
He was detained at Unit 18 – a controversial youth detention facility within the maximum-security Casuarina adult prison – where he spent his 16th birthday in September.
V's Aboriginal Legal Services lawyer and Judge Wendy Hughes both expressed concerns about his wellbeing there.
But there were several issues holding up the bail hearing. Administrative delays
On October 3, the Children's Court heard the state prosecutors were yet to view the evidence and information relevant to the case tendered by police.
"The state advised, as they say today, that they hadn't received any disclosure – although we had," V's lawyer Georgia Keysers said.
"And that they were seeking an adjournment to consider the state case in relation to those. So, it's a month later. V is still in custody."
The court was told V was charged with other offences, including breaching bail and assaulting a public officer – which complicated things further.
Then there was finding someplace else the boy could stay.
"It is difficult to find somewhere suitable for V to put him in the best place for bail," a Youth Justice officer told the court on October 11.
Grandmother willing to house teen
Several options were proposed, including his grandmother's house.
"He has spoken to grandma, she's willing to have him," Ms Keysers, said.
"He's obviously good to have bail."
But the state argued that a bail report was necessary, and Judge Hughes agreed.
She reassured V that she was not denying him bail, she just needed a plan.
"V, your lawyer has done the right thing," she told him.
"She has told me that she's worried about you being in Unit 18. I, last time when I spoke to you, said likewise.
"I've got concerns about you being there. I just need a plan, okay?
"So you don't need to persuade me that being locked up in Unit 18 is bad. I already agree with you, okay?"
V responded with: "Yes."
Judge ordered bail report
The ABC understands the teenager has a developmental language disorder, having trouble with communication and processing linguistic information.
"I haven't said no, I'm just saying I'm going to see you next week on Thursday," Judge Hughes reiterated. If you or anyone you know needs help:
- Lifeline on 13 11 14
- Kids Helpline on 1800 551 800
- MensLine Australia on 1300 789 978
- Suicide Call Back Service on 1300 659 467
- Beyond Blue on 1300 224 636
- Headspace on 1800 650 890
- ReachOut at au.reachout.com
- Care Leavers Australasia Network (CLAN) on 1800 008 774
"I'm going to talk about it more, okay?"
V again simply replied: "Yes."
Judge Hughes ordered a bail report, and told V to tell his family that Youth Justice officers were going to come around for a home visit and that she would see him again next week.
But V did not get the chance to speak to his family again.
In the early hours of Thursday morning, the boy was involved in what the government described as an "incident" in Unit 18.
Corrective Services Minister Paul Papalia said that just minutes after V was heard speaking on an intercom – which left officers "concerned" – guards conducting a routine check found him unconscious in his cell.
The teenager remains on life support in Sir Charles Gairdner Hospital.
i don't fucking like this. i don't like a single detail of this. i'm so angry and so sad, even more so to be reminded this happens in more countries than my own
highest rates of indigenous incarceration in the world baybee
Youth detention facility inside of maximum security prison, wtf is going on??
We arrest too many people, juvies and prisons are full. Indigenous people are HIGHLY overrepresented within the incarcerated population.
https://www.abc.net.au/news/2023-06-08/banksia-hill-juvenile-detention-centre-custodial-services-report/102451022
https://www.abc.net.au/news/2023-06-10/banksia-hill-custodial-services-report-more-revelations/102463102
https://www.abc.net.au/news/2023-06-15/casuarina-prison-unit-for-banksia-hill-juveniles-to-stay-open/102483016
"It's okay sweetie, you don't need to worry, I'm on your side, I just need to open a request for the commission of an assessment on the filing of a report on whether it would be permissible for me to consider allowing you to pay to wait for your trial somewhere other than a concrete cube with bars on the windows. Happy 16th birthday by the way."