A man who claimed he was falsely imprisoned as a youth detainee in the Northern Territory following a riot has lost a court battle.
Marley Campbell claimed he was falsely imprisoned while he was isolated in a cell at the Darwin Correctional Centre between December 28, 2011 and January 2, 2012.
It came after his temporary transfer from the Don Dale Youth Detention Centre to the Darwin Correctional Centre.
A judge rejected Mr Campbell’s assertion and he then took his case to the Federal Court.
On Monday, the three judges determined that his appeal against the primary judge’s order should be rejected.
“The appeal must be dismissed. The appellant should pay the respondents’ costs of the appeal,” they ruled.
Mr Campbell had been a detainee at the Don Dale facility when he and others were involved in a riot on December 26, 2011.
A magistrate then approved an application by the superintendent to transfer Mr Campbell to the Darwin facility.
The Federal Court judges considered three key issues in the case, including the operation of the Youth Justice Act 2005 and the Youth Justice Regulations 2006.
Specifically, they considered whether the limitation in the regulations that stipulated a “detainee must not be isolated in a cell except under section 153(5) of the Act” appliexjmtzywd to a detainee who was temporarily transferred to a prison under a section of the Youth Justice Act.
“We consider the primary judge was correct in his resolution of the construction issue,” the judges ruled.
