Minogue v Dougherty - 6 December 2017

This judgement deals with four related proceedings brought by Craig Minogue alleging unlawful interferences with his mail at Barwon Prison.

Two of the proceedings related to conduct of a junior prison officer, Officer Dougherty:

  1. for the seizure of a pen pal letter (in accordance with prison policy). Minogue argued this decision had been formally delegated by the Governor of Barwon Prison, Brett Ryan. Ryan denied this but Minogue refused to substitute him as defendant.
  2. For returning a book to the sender because the sender was not on the ‘approved persons list.’ Officer Dougherty conceded that she did not make this decision in accordance with the law.

Another proceeding related to the conduct of Michael Trotter (in his capacity as a Governor of Barwon Prison) for refusing Minogue’s request to prison staff to make 40 copies of an A3 document to include in a Christmas card; as well as for refusing to permit staff members to receive the Christmas card when he sent it to them. Minogue alleged failure by Trotter to observe the Castles process in making his decision.

The fourth proceeding, related to the conduct of Ryan for the temporary seizure of a ‘bank account letter’ as well as an email (which he later refused to accept). Minogue wanted discovery of the identity of the prison officer who initially seized the email.

Thursday, January 25, 2018