Men tear gassed in Darwin's youth prison have payout slashed by High Court

The High Court has slashed an award for exemplary damages for four former inmates from Darwin's notorious Don Dale Youth Detention Centre who were affected by a tear gas incident in 2014.

The High Court ruled in 2020 that the use of the gas, which was deployed against another inmate, did entitle the group to damages.

A Northern Territory Supreme Court judge awarded the four $200,000 in exemplary damages, but the Court of Appeal overturned the ruling, saying exemplary damages were not justified in the circumstances.

The Northern Territory government argued that even if the High Court disagreed, the award of $200,000 was manifestly excessive.

Today, the court allowed the appeal, but reduced the awards for exemplary damages to $50,000.

Cells had no windows, air conditioning: court documents

The drama began when another inmate, who was not part of the case, escaped from his cell in the Behavioural Management Unit and began damaging property.

A response team was called in, before the gas was used to subdue him.

But the other four in the unit, Ethan Austral, Leroy O'Shea, Keiran Webster and Josiah Binsaris, were also affected, including one who had asthma.

The submissions to the High Court detail how the cells had no windows, no air conditioning and no running water.

Lawyers for the four told the High Court they were taken to a basketball court, handcuffed behind their backs, and made to lay on their stomachs while they were sprayed with a hose.

The submissions included claims of an exchange between the director of correctional services and the response team which asked if they should: "Gas the lot of them?"

The director is said to have replied: "I don't care how much gas you use".

The submissions from the Northern Territory said the boy who had escaped and two others covered cameras in their cells with toilet paper, so the staff could not see what was happening.

On the government's account, one of the boys was heard saying: "F**k em. Let's run amok."

Today, the High Court found exemplary damages were applicable in the case.

But it allowed the government's case in part, detailing the damages owed to the group, which also included aggravated and general damages.

Ethan Austral was awarded a total of $90,000 and Josiah Binsaris $70,000.

The remaining two, Leroy O'Shea and Keiren Webster, were awarded a total of $100,000.