Don Dale: Adam Giles says 'can't recall' 60 times in first hour at NT inquiry

Updated

The former Chief Minister of the Northern Territory has told a royal commission he does not recall being told of major failings in the youth detention system.

Adam Giles was the Chief Minister in the Country Liberals Government when the ABC's Four Corners program was broadcast detailing the mistreatment of juvenile prisoners in detention.

Mr Giles repeatedly told the commission he did not recall being told or briefed about a range of issues with youth detention including inadequate staffing and conditions.

During the first hour of evidence Mr Giles said more than 60 times that he "did not recall" or had "no recollection" of being told or briefed about a range of issues with youth detention, including inadequate staffing and conditions.



That included any recollection of a tour of the old Don Dale youth detention centre with the then Minister for Corrections, John Elferink, in 2014.

Q. "Do you remember going to the behaviour management unit?" A. "I don't remember."

Q."Do you remember going to a unit that had a series of unlit dark cells? A. "I don't recall."

Q. "Do you remember going to a unit that stank of urine?" A. "I don't recall." Q. "With silent children with lights off inside those cells?" A. "I don't recall."

Q. "It might've happened, but you just don't remember?" A. "Well I can't recall it ever happening." Exchange between Counsel Assisting the Royal Commission, Peter Morrissey, SC, and Adam Giles

He also said he was not told about incidents where detainees were forced to eat bird faeces or had food thrown at them by youth justice officers.

Why haven't you come prepared?: lawyer

During his cross examination Mr Giles was criticised by John Lawrence, the lawyer representing one of the vulnerable witnesses, for not preparing adequately for the day's hearing.

Mr Giles did not prepare a statement for the commission and said he had not been listening to the hearings or keeping up to date with what had occurred in the news.

"Why haven't you come today prepared properly to assist us, bearing in mind your key role historically in what they are investigating?" Mr Lawrence asked.

Mr Giles said he disagreed and that he was fully prepared to answer any questions.

"I was hoping I was involved, I wanted to be involved, I want the royal commission to be successful," Mr Giles said.

Mr Lawrence said other people who had given evidence had put in more effort to assist the inquiry.

"Mr Elferink came here yesterday and he had prepared a statement," he said.

"He had looked into the issues and looked into the material that was available so that he could provide a statement as best he could.

"You could've done that... so that you could answer questions instead of turning and saying you can't remember."

Issues were handled by ministers, commissioner: Giles

When asked by counsel assisting Mr Morrissey how it was possible he was not made aware of the systemic issues, Mr Giles said he relied on the corrections minister and the corrections commissioner to relay any information about their concerns.

"How can it be that you didn't know, as chief minister, when that was an acute public crisis and you had a minister under you that you knew was responsible for the area?" Mr Morrissey asked.

"Well if the information doesn't flow up to the chief minister the chief minister doesn't know," Mr Giles said.

"You've got a minister responsible and a commissioner responsible, who is seen to be an expert in that area of responsibility, who has the functionality of administering everything in corrections.

"And if there are things happening within the purview of the agency or the detention systems, they have the responsibility to operationally manage those things and provide advice to us at the time they see fit."

His comments came after former corrections minister John Elferink, and former corrections commissioner Ken Middlebrook both gave evidence to the commission that they had approached the government on multiple occasions with funding requests to improve facilities, but were rejected.

They said without funding they could not implement the recommendations of a number of reports that condemned the staffing, resourcing and conditions of youth detention centres.

"There were always proposals for money," Mr Giles said.

Giles wouldn't expect to be told of a death in custody

LANGUAGE WARNING: Children tear-gassed inside Don Dale detention centre

Mr Giles also told the commission he did not expect to be briefed by the Mr Elferink about particular incidents, extending to a death in custody.

Commissioner Mick Gooda asked Mr Giles at what kind of incident he would expect to be told about it.

"If a person died in custody, would you expect to be told?" Commissioner Gooda asked.

"No," Mr Giles answered.

"So you wouldn't be expecting to be told about incidents that we saw on those videos?" Commissioner Gooda asked.

"No... I mean we were briefed [in Cabinet] after the gassing incident, which I think was the right thing to do," Mr Giles said.

Mr Giles told the commission he would often hear about incidents in the media before receiving a briefing from his department or minister.

The commission continues.

Topics: royal-commissions, law-crime-and-justice, prisons-and-punishment, youth, community-and-society, nt

First posted