The 'Four Corners' Abuse Footage Wasn't Withheld From the NT Government: it Was Sent to Them

On Monday evening, ABC's Four Corners aired horrific footage from the now-defunct Don Dale Juvenile Justice Centre in the Northern Territory. The nation responded with outrage. Prime Minister Malcolm Turnbull called for a royal commission. But the NT's Chief Minister Adam Giles was resolute: he and his fellow politicians had no idea this abuse was going on. In fact, he claimed there was a culture of coverups.

"To think that this footage has not only been withheld from the former Corrections Minister and myself and many officials in government, to me says this culture of cover-up doesn't just go back to 2010, which the footage shows, but goes back way beyond," Giles said in a Tuesday morning press conference.

Giles does admit fault, but the statement is misleading nonetheless.

The footage of Dylan Voller being stripped, restrained, hooded, and beaten by guards at Don Dale wasn't withheld from the NT's former Corrections Minister, John Elferink. They were sent to him personally in 2014, by Dr Howard Bath, who was then Children's Commissioner of the territory. (You can read a copy of Bath's 2014 letter to Elferink here).

Dr Bath confirmed to VICE the footage he sent were the same tapes of Dylan that aired Monday night on Four Corners. "If you read the letter, you see that it says 'attached are three videos'," he explained.

So, for more than two years, Elferink has had this footage. Having said that, VICE was unable confirm whether or not the former Corrections Minister actually pressed play on the tapes Dr Bath sent him. Elferink issued the following response: "There will be no statement or media commentary from the minister in the foreseeable future."

Dr Bath did confirm to VICE that other senior corrections staff in the NT had, two years earlier, seen footage of Dylan Voller's abuse: the very same footage that aired on Four Corners.

In 2012, Bath became aware of the footage of Voller's abuse, calling a meeting to make corrections staff aware it was unacceptable. "When this came to my attention in 2012, I called a meeting where these tapes were shown to senior officers from the Department, including those from youth justice," Dr Bath told VICE.

"The idea was to make sure they saw the video. Now, we knew the footage was already in their attention because they were their videotapes," he continued. "They already knew that we had asked for the footage, but we weren't sure if it had gotten passed all they way up the line of command. We wanted to make sure senior staff would see the tapes." Dr Bath personally made sure senior corrections officials saw footage of Dylan being stripped naked and pinned to the ground. Four years ago, in 2012.

A 2015 report from the Children's Commissioner confirms this meeting, noting that, "In April 2012, surveillance tapes depicting the inappropriate and unsafe use of restraint were shown to senior staff of the Department of Justice… and undertakings were provided that such practices would cease."

What about the other footage from Four Corners, the CCTV footage from the tear-gassing? A spokesperson for the current Children's Commissioner Colleen Gwynne confirmed this was the same footage also described in their 2015 report on the incident.

Former Corrections Commissioner Ken Middlebrook read this report. He responded to a draft, and that response was included in the final copy (you can read that document here). Police are currently investigating Middlebrook, as well as Elfernick, over their potential roles in the "systemic abuse" of underage prisoners at Don Dale.

A spokesperson for the current Children's Commissioner denied the footage was "withheld" from any ministers, telling VICE the government readily had access to the tapes. "It's not our footage," a member of the legal team said. "It's the Department of Corrections' footage."

Dr Bath confirmed this. "Any authority that obtains tapes [has to] get them from government services. We had to get that footage from them, so they have to know what we're asking for. Before they pass it on, they would obviously review it and discuss it internally. They have all the material."

What about the CCTV footage given to Ken Middlebrook, the Corrections Commissioner? Did John Elferink see that? What about Chief Minister Adam Giles, who is on record saying he only saw it for the first time on Monday night, along with the rest of Australia?

Dr. Bath offers an explanation. "The head of government departments may not pass information on to their political masters," he said. "We assume it's passed on to the minister, but cannot confirm."

John Elferink may never have seen the tear-gassing footage. If so, that's because his own department didn't pass it on. Still, the report in which it was detailed was publicly available. A member of Children's Commissioner's legal team confirmed any minister could have read the report, "if they had taken to do that—just like the public."

Minister John Elferink was stood down as Corrections Minister in the wake of the Four Corners episode. He still holds numerous portfolios: Children and Families, Health, Disability Services, and Mental Health Services. He remains Attorney-General of the Northern Territory.

Dr Bath is no longer Children's Commissioner. He didn't see any changes during his tenure, despite trying to bring the abuse to light. Nevertheless, he's happy now. "Of course, I would've liked these to get resolved years ago. If there hadn't been Four Corners, I doubt we'd be seeing it resolved now."