Crown fights claim of jail-rape warning

The Crown has denied that a probation officer told a man who took his own life that he was a "pretty boy" and could expect to be raped in prison.

Father-of-two Damon Machiavelli, 32, committed suicide in June 2002 while waiting to be sentenced on a charge of manufacturing a Class B drug.

His wife, Tassia Machiavelli, and parents Jill Campbell and Graham Ambrose, blame probation officer Jude Bowkett over the death.

Their lawyer, David Garret, has lodged a claim for $600,000 damages against the Attorney-General on behalf of the Corrections Department.

But in papers filed in the High Court at Auckland the Crown denies the allegations.

Mr Machiavelli's family say in their statement of claim that he was told he was definitely going to prison where he could expect to be raped because he was a pretty boy and the authorities could do nothing about it.

They say that Ms Bowkett ought to have known that it was, in fact, most unlikely that he would be sent to jail and that, if he were, steps would be taken to prevent him being harmed.

The family alleges that Mr Machiavelli was a known suicide risk and the possibility of him taking his own life was significantly increased by Ms Bowkett's statements.

They also claim that Ms Bowkett phoned Mrs Machiavelli and told her that her husband was definitely going to prison for up to seven years.

He would be taken straight to jail from the court and there would be no chance for her or her children to say goodbye.

The family says Ms Bowkett knew or ought to have known that these statements were untrue.

But in its statement of defence, the Crown denies that Mr Machiavelli was told he was a pretty boy, that he would be raped in jail and that there was nothing the authorities could do to stop it. The Crown says Ms Bowkett merely considered prison a possibility.

The Attorney-General accepts that Mr Machiavelli was stressed, but denies that Ms Bowkett's statement increased the possibility of suicide.

It is accepted by the Crown that Ms Bowkett told Mrs Machiavelli that imprisonment was a possibility she should be prepared for, but it is denied she was told that her husband would definitely be jailed.

The Crown admits Ms Bowkett said that, if he were jailed, Mr Machiavelli would be taken straight from the court. But it denies that she said there would be no chance to say goodbye.

The Crown also denies that Ms Bowkett made any statements she knew were untrue in her conversation with Mrs Machiavelli.

The Attorney-General acknowledges that a departmental investigation into Ms Bowkett's conduct upheld allegations that the level of sentence conveyed to Mr Machiavelli was excessive and unsafe, given his level of anxiety and emotional stress.

There was also a finding that Ms Bowkett referred to Mr Machiavelli's physical appearance and implied he might be sexually assaulted in prison.

A preliminary hearing is set for next month.