A Perth man who was remanded in custody after his family could not raise the money for bail was forced to spend more than two weeks in isolation and solitary confinement at Casuarina Prison.
Tyler Burich's case has put a spotlight on staffing in prisons, and how COVID-19 restrictions have been used to isolate inmates for 10 days even when they test negative.
The 22-year-old was ultimately in COVID-19 isolation and solitary confinement for 15 days.
Mr Burich, who was charged with aggravated armed robbery, had been in custody since late December.
His lawyer Paula Hudson told Midland Magistrates Court that when he was at the Hakea intake unit, it was locked down for 23 hours a day due to staff shortages.
"There was nowhere else to put them due to a lack of staff," she said.
After a couple of weeks in the general population at Hakea, Mr Burich was told in January he would be moved to the maximum security Casuarina Prison.
Ms Hudson said Mr Burich had informed authorities there were people at Casuarina that he had issues with.
"Bad luck, you gotta go," Ms Hudson said her client was told.
On February 14, a magistrate granted bail for Mr Burich with a $5,000 surety and a requirement he not leave WA.
But his family could not meet the surety and he was forced to stay in custody.
Cellmate's positive test sparks isolation
While he was at Casuarina, a cellmate tested positive for COVID-19 and Mr Burich had to isolate along with him for 10 days, during which time he tested negative.
He spent an additional five days in solitary confinement, two of which were due to threats and assaults against him in the jail.
The court also heard he had shared a cell with a convicted murderer.
He said a guard told him what was happening was "not right" and suggested he contact his lawyer.
Ms Hudson told the court the confinement and isolation was due to understaffing in the prison system.
Magistrate Mark Millington said he had no control over the prisons.
But he granted Ms Hudson's request for the surety to be reduced to $2,000, with a 7pm to 7am curfew, along with the requirement he not leave the state.
The ABC has been told of other prisoners at Hakea who have spent much time in lockdown, including weekends, due to a lack of staffing.
Another prisoner was moved to Albany Prison despite his family members being in Perth.
Corrective services in chaos: opposition
WA's shadow corrective services minister Peter Collier said the portfolio was in "complete disarray".
"There are endemic issues that permeate right through all of our jails and that stems from a cultural issue from the top," he said.
"I'm hearing constant stories of dismay from prison officers and from the families of prisoners.
"Something needs to be done because quite frankly we have a system in chaos at the moment.
"My sympathy lies with the prison officers, completely and absolutely."
The prison system has been affected by the labour force shortages affecting just about every sector in WA.
Mr Collier said there were political realities surrounding issues in the sector.
"The issue with the corrective services portfolio is that it's not a vote winner," he said.
"The government sees that they are going to get a lot of political gain [out] of going hard on crime.
"Having someone on remand in isolation for 10 days is problematic and is quite frankly unheard of, or it should be unheard of.
"There are some serious questions that need to be asked, particularly when the restrictions are based on COVID standards which don't exist anywhere else outside the prison system."
COVID isolation period cut
A WA government spokesperson rejected Mr Collier's claims that the corrective services portfolio was in "chaos" from the top down.
In a statement, the spokesperson said that until February, the 10-day COVID-19 isolation period was mandatory in order to minimise infection and protect vulnerable prisoners.
That period has now been reduced to seven days.
"The government is committed to employing additional staff to fill current vacancies," the statement said.
There have been 67 new prison officers employed this year already, with another 192 anticipated to start during 2023.
"Staffing levels at prisons can differ subject to a number of reasons including workers compensation and personal leave, and in these circumstances, adaptive regimes are implemented for the safety of staff and welfare of prisoners," the statement said.
A statement from the Department of Justice said unit lockdowns were a last resort on days impacted by staff shortages.
"Staffing has a minimal impact on prisoner transfers," the statement said, adding that prisoners, including those on remand, may be transferred to manage risk, populations or other operational reasons.
"As at 28 February 2023, custodial prison officer staffing numbers were adequate for the prison population at the time," the statement said.
