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A Don Dale Guard Who Tear Gassed Juvenile Detainees Has Defended His Actions

Luke Ross told court that he didn't consider the restraints shown in the widely-publicised footage to be "an excessive use of force."

CCTV footage aired by Four Corners showing guards forcefully stripping a juvenile detainee. Via

In July, the ABC's Four Corners aired disturbing footage from the Don Dale Detention Centre in the Northern Territory, which showed youth justice officers restraining juvenile detainees with spit hoods, zip ties, and tear gas. On Tuesday, the Northern Territory Supreme Court was told by one of the guards involved that this treatment was "necessary."

Luke Ross, one of the six officers accused of abusing of four juvenile detainees, is facing a lawsuit over the alleged mistreatment. The court heard Ross didn't consider the restraints shown in the widely-publicised footage to be "an excessive use of force." Instead, he believes they were a measure aimed at preventing the boy from self harm—not an attempt to humiliate or punish.

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Ross told the court that the boy had threatened officers by feigning punches, spitting, and refusing to return to his cell. The guards then determined he should be restrained in an "at risk" cell with his hands zip tied. The following day, when his behaviour didn't improve, the officers stripped the boy naked, and put him in an isolation cell.

The boy, who cannot be named for legal reasons, had never been considered "at risk" of self-harm or harm to others before. However when questioned, Ross said that despite this, it was "better to [restrain him] than call his parents and inform them he's died in custody."

Barrister Kathleen Foley, who is representing the four Don Dale detainees suing Ross, argued the boy had never been assessed for the mental health concerns cited by the officers who restrained him. To her mind, it seemed more likely the guards had wanted only to humiliate and shame him.

The court also heard that officers held one boy, who suffers from asthma, face down on the ground for 30 minutes while he struggled to breathe. Others were held in unhygienic isolation units for 23 hours a day. Foley also described how the officers allegedly dressed in riot gear and used attack dogs when transferring the detainees to Berrimah adult prison.

Led by Indigenous activist and public servant Mick Gooda, a Royal Commission into alleged abuse at Don Dale is currently underway.

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