The Department of Corrections will appeal against a High Court decision that ruled it breached Phillip John Smith's rights by not letting him wear a toupee behind bars.
Phillip John Smith Photo: RNZ / POLICE
Smith is serving a life sentence for murdering the father of a boy he was sexually abusing.
He challenged an Auckland Prison decision banning him from having a custom-made hairpiece when he was reclassified as a maximum security prisoner, after fleeing to South America.
Smith argued at the time that by wearing the partial wig he was exercising his right to freedom of expression, and Corrections had failed to treat him with humanity and dignity.
The judge in the High Court ruled the inmate's fundamental right to freedom of expression had been ignored, and the decision had not been properly explained.
Auckland Prison director Andy Langley said Corrections would appeal the decision because of its precedent-setting nature and the effect it could have on the department's decision-making abilities.
Smith would be allowed to keep his hairpiece, under certain conditions, while he was currently held at the prison at Paremoremo, he said.
Result of court-ordered review- prisoner Phillip John Smith allowed to retain hair piece w/ conditions while in current security environment
— CorrectionsNZ (@CorrectionsNZ) April 10, 2017
Separately, we’ve also filed an appeal against legal reasoning in High Court’s decision re: Smith’s judicial review.
— CorrectionsNZ (@CorrectionsNZ) April 10, 2017
