Career criminal Arthur Taylor has scored another victory for prisoner’s rights after being awarded damages of $18,000 for excessive strip searches and having a CCTV camera in his cell.
The 66-year-old had sought $1.45 million from the Department of Corrections relating to his treatment as an inmate and events stretching from June 2011 to March 2018.
Taylor, who spent about 38 years in prison for numerous offences before being paroled in February 2019, claimed his rights were breached under sections of the New Zealand Bill of Rights Act that prevented torture or cruel treatment and the right of prisoners to be treated with dignity and respect.
His claims were wide-ranging and alleged serious mistreatment, designed to disrupt his legal work against the department and to prevent him assisting other prisoners to assert their basic rights.
Taylor, who has more than 150 convictions for bank robbery, fraud, theft, possessing weapons and explosives, and escaping custody, studied law and began representing himself in court in the early 1980s which later lead to him advocating for prisoner rights.
The allegations were heard before Justice Andru Isac in the High Court at Wellington in a series of eight hearings between February 28 and April 14, 2022.
Justice Isac’s findings, totalling 266 pages, first released on November 30 and re-released on Monday, note Taylor’s work in the legal sector.
“He has made a significant contribution to the development of New Zealand’s constitutional law and brought numerous proceedings - many successful - for the benefit of others.”
He ruled a series of strip searches, in early 2018, had breached Taylor’s right to be free of unreasonable search and seizure.
“I am satisfied that given nine unlawful searches were conducted over a three-month period involving the same prisoner, at two different institutions, the conduct is sufficient to constitute a failure to treat Mr Taylor with humanity and with respect for the inherent dignity of the person.”
Taylor was awarded a total of $12,000, calculated at $1000 for each of the nine searches plus an uplift of $3000 for the cumulative impact.
Justice Isac also found Taylor’s placement in a cell, at the High Care Unit of Auckland Prison for periods of time in 2011 and 2012, with an operating and monitored CCTV camera also breached his rights under the NZ Bill of Rights Act.
He awarded Taylor $6000 for the breach which he described as a significant intrusion into his expectation of privacy.
Handcuffing Taylor for a three-hour journey from Mt Eden Prison to Waikeria Prison in March 2018, based on an escape risk due to an attempt in 2005, was also deemed inappropriate.
“As a result, Mr Taylor was unreasonably required to wear handcuffs during the transfer. That undoubtedly would have made the journey more uncomfortable for him.”
Justice Isac was, however, satisfied it was not inhumane treatment and made no award for damages which mirrored his findings in many of the other alleged breaches.
“First, Mr Taylor’s evidence in support of each specific claim at times amounted to little more than an unsubstantiated assertion or conclusion.
“I have also found that critical aspects of his case were exaggerated or simply untrue.”
He found Taylor had been deprived of his daily entitlement to exercise over a period of months but was not able to accept three fires lit by another prisoner had caused Taylor any adverse physical or mental effects.
Denying Taylor the Truth newspaper was an unjustified limit on his freedom of expression but Justice Isac did not award damages.
Taylor’s claim Corrections failed to provide him with rehabilitation opportunities, was dismissed with Justice Isac declaring Taylor was the only one responsible for a delay in his obtaining parole.
The transfer to Waikeria Prison was lawful, Justic Isac ruled, and the judge did not accept Taylor’s evidence he was unconscious during the journey, saying he found Taylor was pretending.