By Michael Morrah
One of the country's highest-profile inmates has been at the High Court trying to get the rule that bans smoking in jails thrown out.
Arthur Taylor, who is a non-smoker, claims the blanket prohibition breaches part of the Bill of Rights and it isn't reasonable or fair.
Taylor had his restraints removed before he addressed the court on the rule, which he says is unlawful.
“The right to decide whether to smoke or not to smoke, unless it's restricted by law, is an important aspect in my submission, sir, of human dignity,” says Taylor. “It's one of the few decisions that has any real importance to someone in prison.”
Taylor says that decision has been unfairly taken away by a change in policy that ignores a section of the Smoke-free Environments Act. That act, Taylor argues, preserves the freedom of inmates to smoke in their cells.
“Every other citizen in the country is entitled to smoke tobacco in their home if they choose to, and they’re effectively stopping prisoners from smoking in their home.”
Smoking was banned last year, partly because inmates were lighting fires. But Taylor and his legal assistant argue there are ways of securing lighters and limiting access to them.
“Prisoners do retain the normal rights, liberties and freedoms of other members of society,” says counsel assisting the court Gillian Coumbe.
Taylor's security classification means he needs to be accompanied by at least four guards while in court, at a cost of more than $1000 each time he appears for a full-day hearing.
He'll be back tomorrow for the final day of his hearing against the department. It's likely the judge will reserve his decision.
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