Closing submissions in Don Dale court case

The gassing of six boys at Don Dale Youth Detention Centre was a 'wrongful exercise of power' that should never have happened, an NT court has heard.

Dale

The current Don Dale youth detention centre is seen in Darwin, Wednesday July 27, 2016. Source: AAP

A Northern Territory prison guard who tear gassed six boys at Don Dale Youth Detention Centre wanted to "pulverise" one for escaping from his cell, a court has heard.

Four boys, who cannot be named for legal reasons, are suing the NT government over their alleged mistreatment, arguing it amounted to assault and battery.

In closing submissions, barrister Kathleen Foley, appearing for the teens , said they were gassed, handcuffed and spit hooded in August 2014 after one escaped from solitary confinement and began trashing an exercise yard.

"This was a wrongful exercise of power on young people," she told the NT Supreme Court in Darwin.

Five of the six boys in the isolation unit had been in there for up to 17 days after earlier escaping from the centre.

In handycam footage captured moments before the gas was sprayed, one guard can be heard saying "I'll pulverise the little f*****."

The court heard that former Corrections Commissioner Ken Middlebrook, who authorised the use of gas on the boys, said he didn't care how much was used.

A guard can then be heard saying "that'll learn ya, now he's sh****** himself."

The boys were later handcuffed and laid face down on a basketball court before being sprayed with a hose.

Some of the detainees had asthma, and handycam footage showed one boy complaining he couldn't breathe while being sprayed in the face with water.

Ms Foley said the boys were later transferred to Berrimah adult jail where they were made to stay in the same contaminated clothes for some time.

Footage of the incident was aired on national television this year, prompting Prime Minister Turnbull to call a royal commission into the juvenile justice system.

Justice Judith Kelly questioned whether it was right to impose "calm" hindsight reasoning in judging the use of gas to stop a "rapidly unfolding, chaotic situation with a young man out of control".

But Ms Foley said the guards were aware an attack dog had earlier scared the escapee and it could have been used to diffuse the situation.

"The gas was a decision that was reached too hastily," she said on Monday.

"And it shouldn't have been reached at all."

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Source: AAP



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