Key Takeaways
- Kane Graham Dawson, a convicted sex offender, was involved in an incident in June 2023 where he threatened to swallow a razor blade in prison.
- Dawson was charged with misconduct and later applied for a judicial review of the disciplinary process, which found in his favor regarding the denial of legal representation.
- The incident occurred while Dawson was serving a sentence for his history of sexual offending, which dates back to 2005.
- A psychological report in 2023 found that Dawson still maintained that his sexual offenses involved consent from the victims and expressed no remorse.
- Dawson was released from prison but remains under an extended supervision order, which allows probation officers to continue monitoring "high-risk" offenders.
Introduction to the Incident
The details of the incident in June 2023 have come to light in a High Court review of the disciplinary measures taken against Kane Graham Dawson. The incident involved Dawson threatening to swallow a razor blade in prison, and he was subsequently charged with misconduct. Dawson has since been released from prison but remains under an extended supervision order, which allows probation officers to continue monitoring "high-risk" offenders. He persisted with the High Court action because he felt strongly about the "vindication of his rights" and he felt the misconduct charges might count against him in the future.
History of Sexual Offending
Dawson’s history of sexual offending dates back to August 2005, when he had a sexual connection with an intoxicated 13-year-old girl. In 2011, he was found guilty of raping two 16-year-old girls two days apart in August 2009. A psychological report in 2023 said Dawson still maintained that all three of his sexual offenses involved consent from the girls. He expressed no remorse for his offending, and the psychologist assessed that Dawson remained at "high risk" of committing a further sexual offense while in the community. Dawson was initially released from his 14-year jail sentence in November 2022 but was recalled to prison four months later.
The Incident with the Razor Blade
The incident with the razor blade occurred between his recall and his eventual sentence end date on June 29, 2024. It happened after Corrections officers told him he was being transferred between the Nikau Unit and the Puriri Unit at Waikeria Prison, near Te Awamutu. The shift was thought necessary after allegations were raised that Dawson had been bullying other inmates in the voluntary segregation unit where they all lived. When he was taken to his cell to pack up his things, he showed officers the blade in his mouth and threatened to swallow it if taken to the Puriri Unit. He demanded instead to be taken to the At-Risk Unit (ARU) at Spring Hill Correctional Facility, about 100km away.
Negotiations and Disciplinary Action
Instead, Corrections officers handcuffed Dawson and took him to a prison visitor area where he could be monitored. Dawson allegedly asked for the names of the inmates who had "narked" on him so he could deal with them later. He said if officers had not been with him when he packed up his cell, he would have gone into the unit and "smacked over the narks". The negotiator and senior officer were with Dawson in the visitor area from about 11:38 am to 4:35 pm trying to get him to hand over the blade. At 3:30 pm, Dawson was given the formal order to do so. It was then that he said he had swallowed it. Health staff were brought in and determined Dawson had swallowed the blade. They arranged for him to be taken to Waikato Hospital for an X-ray and from there to Spring Hill, where he was kept in a "dry cell" without running water or a flush toilet for 11 days.
Judicial Review and Outcome
High Court Justice James MacGillivray, who later conducted a judicial review of the disciplinary process against Dawson in prison, said the evidence was "far from consistent" about when he swallowed the blade. He said it was possible Dawson still had the blade in his mouth when given the order. Dawson was charged with two counts of misconduct after the incident. One was for threatening behavior, in saying he would have "smacked over" the other inmates. The second was for not following a lawful order when he refused to surrender the blade. He subsequently applied to the High Court for a judicial review of the Department of Corrections’ decision to charge him and the actions of a Visiting Justice in finding the charges proven and declining him legal representation. Justice MacGillivray reviewed the disciplinary process and found in Dawson’s favor regarding the Visiting Justice’s decision not to allow him legal representation. The judge made a declaration that the findings against Dawson in the disciplinary process were "unlawful and in breach of natural justice".
Conclusion and Implications
The incident highlights the complexities of managing high-risk offenders like Dawson, who have a history of sexual offending and continue to pose a risk to the community. The judicial review and outcome of the case also raise questions about the fairness and transparency of the disciplinary process in prisons. The fact that Dawson was denied legal representation and the evidence was "far from consistent" about when he swallowed the blade raises concerns about the integrity of the process. The case also underscores the importance of providing adequate support and resources to manage high-risk offenders and prevent further incidents. Ultimately, the outcome of the case and the ongoing supervision of Dawson will be crucial in ensuring public safety and preventing further harm to the community.