NSW:Former Tamworth inmates 'could sue govt'

AAP General News (Australia)
12-16-2011
NSW:Former Tamworth inmates 'could sue govt'

SYDNEY, Dec 16 AAP - Former inmates of a northern NSW institution linked to more than
35 violent deaths across Australia could be able to sue the state government for false
imprisonment.

The Institution for Boys Tamworth, which opened in 1947, was designed to accommodate
boys who absconded or misbehaved in other boys' homes and became known as the most feared
institution in Australia.

Several former inmates of the institution grew into some of the country's most notorious
criminals, including murderers Kevin Crump and James Finch, an ABC investigation found.

However, there is evidence the institution may have been founded illegally, meaning
inmates could be able to take legal action against the government, the ABC reported on
Friday.

The Public Interest Advocacy Centre (PIAC) has looked at the legislation and proclamations
which created the institution.

It found the 1939 Child Welfare Act empowered the government of the day to establish
schools and shelters only, while Tamworth was founded as an institution.

"If it turns out that in fact the institution was established beyond the government's
power then that opens the door at least potentially to former inmates suing the government,"

PIAC'S chief executive officer Edward Santow said.

False imprisonment, assault, or battery could be some causes of legal action, he said.

"It would really depend on what precisely occurred there," Mr Santow said.

"(But) there would of course be some significant obstacles to bringing such a claim,
given that many years have passed."

A list of more than 35 violent deaths across Australia linked to former Tamworth inmates
was compiled by the ABC under a Freedom of Information request.

Former inmates include James Finch, jailed for life for the murders of 15 people in
the Whiskey Au Go Go Brisbane nightclub firebombing and Kevin Crump, jailed for life over
the murder of Ian Lamb and conspiracy to murder NSW mother Virginia Morse in 1974.

Others included alleged Sydney crime lord George Freeman, notorious rapist William
Munday, gangster Arthur Stanley "Neddy" Smith and Sydney's `Kill Seven' murderer Archibald
McCafferty.

The Tamworth institute was later renamed Endeavour House before it was finally closed
in 1989 following a spate of suicides.

AAP ih/jjs/it/goc/

KEYWORD: CRIMINALS

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