Carl Williams' family sue Vic govt

25 Sep 2012, 7:55 pm   -   Source: AAP
The family of murdered gangland boss Carl Williams are to sue the Victorian Government. (AAP)

The family of murdered gangland boss Carl Williams are to sue the Victorian Government. (AAP)

The family of murdered gangland boss Carl Williams are suing the state of Victoria over his bashing death in Barwon Prison in 2010.

The family of murdered gangland boss Carl Williams is suing the Victorian government, claiming it failed to ensure his safety in prison.

Williams' father George, his ex-wife Roberta and daughter Dhakota say they have suffered financial loss and psychiatric or psychological injury as a result of Williams being killed in Barwon Prison.

They allege the State of Victoria, which operates the prison, failed to ensure the proper management, security and good order of the prison.

The prison also failed to take reasonable steps for the safe custody and welfare of Williams, a writ filed in the Victorian Supreme Court on Tuesday alleges.

Fellow prisoner Matthew Johnson killed Williams on April 19, 2010, by repeatedly bashing him with a steel pipe from an exercise bike in the unit they shared in the Acacia section of the prison.

George and Dhakota Williams claim they were deprived of financial benefits they were to gain from Carl Williams as a result of him co-operating with police.

George was to have his $576,000 tax bill cleared, while Dhakota was to have her school fees paid until the completion of her secondary school education.

Johnson was moved to the unit with Williams in January 2009.

The writ alleges prison authorities ought to have known Johnson was a member of the Prisoners of War gang and that he had previously participated in a serious assault on a prisoner who had co-operated with police.

Authorities should also have known that Johnson had previously used an exercise bike during an assault on a prisoner, the writ says.

Johnson's potential to harm Williams was allegedly noted in an email between senior Corrections Victoria officials.

The writ alleges that before the transfer, prison authorities failed to carry out a comprehensive risk assessment of the potential harm Johnson posed to Williams.

Authorities also failed to ascertain whether Victoria Police had undertaken a comprehensive risk assessment of the transfer request, it is alleged.

The writ also claims there was a failure to properly consider knowledge of Johnson's prior conduct while at the prison.

After the transfer, prison authorities failed to adequately monitor the placement of Johnson with Williams and failed to regularly review the placement, it is alleged.

They also failed to ensure Williams was properly monitored via a CCTV system.

In a scathing report on Williams' murder in a high-security section of Barwon Prison, Ombudsman George Brouwer found that Corrections Victoria had failed to properly manage their most notorious prisoner.

Mr Brouwer's report in April said prison authorities knew there was a risk Williams could be murdered in jail but failed in their statutory duty to protect him.

Johnson received a life term for the killing.

At the time of his death Williams was serving three life sentences for murders committed during Melbourne's gangland wars.

Lawyers for the Williams have requested a trial by judge alone.

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