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Detention of former gang associate in special unit at Kent prison declared unlawful by judge

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In March there was a hearing before the warden that confirmed the transfer.

Raju applied to set aside the warden’s decision and argued in court that he was not treated fairly by prison officials, a claim the judge accepted.

“In my view, there has been substantial procedural unfairness visited on the applicant in these proceedings,” said the judge. “Significant disclosure on which the warden relied in reaching her decision was not disclosed to the applicant. Here, I refer to CCTV footage showing some interaction between the applicant and another inmate, said to depict an assault.”

Raj could not make submissions on what was shown on the CCTV footage because it was not disclosed to him, said the judge. The footage shows the other prisoner following Raju into his cell and six seconds later the other prisoner falling backward into the hallway, appearing to put his right hand up to the side of his face before immediately getting to his feet and re-entering the cell, he said.

“There is no way to discern from the CCTV footage what occurred between the two men during the critical six seconds. Because the CCTV footage was not disclosed to the applicant, he could not make submissions about what it did or did not depict,” the judge said.

The judge directed that Raju be released from SIU to a maximum security federal prison. Since the ruling, he’s been transferred to a prison in Edmonton.

kfraser@postmedia.com

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