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Ex-prisoner sues over drug disablement
By Leonie Lamont
May 11, 2004
A former prisoner who was left severely brain damaged after a drug overdose in jail is suing the state for more than $4 million.
James Samuel Steward, now 28, was serving a three-year sentence at Goulburn jail when he overdosed on illegally acquired methadone in May 1998.
His barrister, Barry Hall, QC, said Mr Steward lay undiscovered in his cell from the lock-down at 3.30pm until 6.30 the following morning, during which time he lapsed into deeper unconsciousness, his brain starved of oxygen. Mr Steward was left a quadriplegic and is cared for by his parents, who are bringing the case on his behalf.
The case in the District Court is not affected by a new law which limits compensation payments to injured inmates. A spokesman for the Justice Minister, John Hatzistergos, said the state was "vigorously defending the case".
Mr Hall argued that among the department's breaches of duty of care was its failure to adequately manage the jail to prevent the entry of illegal drugs. The state will argue that Mr Steward was acting illegally, that he voluntarily accepted the risk of taking drugs, and that it owes no duty of care in the circumstances.
Giving evidence yesterday, Pamela Steward agreed her son had a long criminal record, and said he had used heroin. His solicitor said he was in jail for armed robbery with a screwdriver.
On the day of the overdose, she and her husband had noticed at their visit that he was agitated, and he told them he had had a drink of methadone. Her husband was concerned and spoke to a prison guard that their son should be seen by a doctor.
When the prison governor called the next morning, they went straight to Goulburn Hospital where their son was on life support.
He was released into their care in late 1999.
The hearing continues.
Link
By Leonie Lamont
May 11, 2004
A former prisoner who was left severely brain damaged after a drug overdose in jail is suing the state for more than $4 million.
James Samuel Steward, now 28, was serving a three-year sentence at Goulburn jail when he overdosed on illegally acquired methadone in May 1998.
His barrister, Barry Hall, QC, said Mr Steward lay undiscovered in his cell from the lock-down at 3.30pm until 6.30 the following morning, during which time he lapsed into deeper unconsciousness, his brain starved of oxygen. Mr Steward was left a quadriplegic and is cared for by his parents, who are bringing the case on his behalf.
The case in the District Court is not affected by a new law which limits compensation payments to injured inmates. A spokesman for the Justice Minister, John Hatzistergos, said the state was "vigorously defending the case".
Mr Hall argued that among the department's breaches of duty of care was its failure to adequately manage the jail to prevent the entry of illegal drugs. The state will argue that Mr Steward was acting illegally, that he voluntarily accepted the risk of taking drugs, and that it owes no duty of care in the circumstances.
Giving evidence yesterday, Pamela Steward agreed her son had a long criminal record, and said he had used heroin. His solicitor said he was in jail for armed robbery with a screwdriver.
On the day of the overdose, she and her husband had noticed at their visit that he was agitated, and he told them he had had a drink of methadone. Her husband was concerned and spoke to a prison guard that their son should be seen by a doctor.
When the prison governor called the next morning, they went straight to Goulburn Hospital where their son was on life support.
He was released into their care in late 1999.
The hearing continues.
Link
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