Perez v Northern Territory Department of Correctional Services

This matter came before Judge Brown of the Supreme Court of the Northern Territory. The dispute concerned the actions of Mr. Perez, a correctional officer, on 12 June 2013, during a prisoner count at the Darwin Correctional Centre. Mr. Perez's conduct was being assessed in light of an incident involving a damaged rubbish bin in the G Block courtyard, a maximum security area.

The court was required to determine the reliability of the evidence presented by Mr. Perez and Mr. Fullerton, another correctional officer, regarding the events of that day. Specifically, the court needed to assess whether Mr. Perez conducted an adequate security assessment before entering the courtyard, given the presence of a smashed rubbish bin, and whether his actions were appropriate in the circumstances.

Judge Brown found Mr. Fullerton's account of the incident to be more reliable than Mr. Perez's. The court accepted Mr. Fullerton's evidence that he observed a smashed rubbish bin with debris strewn across the courtyard and that he questioned Mr. Perez about it, to which Mr. Perez did not respond. The court reasoned that a damaged bin in a maximum security area should have alerted a correctional officer to a potential disturbance. While acknowledging Mr. Perez's anxiety to complete the prisoner muster for lunch, the court found Mr. Fullerton's concern and questioning to be logical and credible. The court rejected any suggestion that Mr. Fullerton had fabricated his evidence.