BY NIGEL HUNT
A man who was raped while in state care at the Magill Training Centre is seeking a $100,000 settlement from the State Government. The man, now aged 19, was attacked by a fellow inmate when he was an 11-year-old ward of the state.
The Advertiser can reveal that, despite a police investigation conducted into the December 2005 incident, the offender was not charged.
Duncan Basheer Hannon lawyer Matt DeGregorio said the man had been subjected to a horrific sexual assault that had impacted the past eight-plus years of his life.
“For an 11-year-old in a prison to be raped by an older, larger inmate would be very traumatic,’’ he said.
“Besides the initial attack, one of the most distressing aspects remains the fact that the prison population is aware of what took place because of the circumstances.
“The sad fact is those he has been in custody with know about it and as a direct result he has been the subject of bullying and taunting for a considerable period of time in juvenile facilities and more recently, in adult facilities.’’
Mr DeGregorio has been acting for the man since 2008, but an offer of $50,000 by the Crown Solicitor’s Office last month to settle the claim has been rejected because it will essentially see the man receive nothing.
The CSO has stated it will deduct $10,614 in unpaid fines the man has incurred from that amount and legal and medical costs incurred already total more than $44,000.
Mr DeGregorio said the move was “not uncommon’’.
“We have had other cases that have settled in which the Crown has insisted on any unpaid fines being recovered,’’ he said.