Vic: Prisoner unsuccessfully seeks order against jail head

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Vic: Prisoner unsuccessfully seeks order against jail head

By Darrin Barnett

MELBOURNE, April 19 AAP - A prisoner who sought a restraining order against the directorof a private Melbourne prison has had his case struck out in court.

John Richard Walsh, who is serving a 10 year sentence at the regional Barwon Prison,claims he was bashed while in a holding cell at Port Phillip Prison nearly two monthsago.

Walsh, 57, appeared by videolink at Geelong Magistrates Court yesterday, but MagistrateJohn Klestadt struck out the case brought against Port Phillip Prison Director KelvinAnderson, citing section 21a of the Crimes Act.

Mr Klestadt said it was not possible to bring an apprehended violence order againstthe head of a prison, but suggested Walsh take his case to Victorian Attorney-GeneralRob Hulls.

Walsh was jailed for 10 years in March 2000 over a $98 million swindle involving thetiny Pacific island of Nauru.

The charges involved a bogus investment scheme spanning three continents.

Walsh had been transported to Melbourne for an appeal hearing and was held at PortPhillip Prison because it was close to the court.

He told the court yesterday he was bashed in his cell after its door was locked, whichmeant his assailant must have been either a prison guard or someone let in by prison staff.

Walsh suffered two detached retinas in the attack, and has still not regained his fullvision, his mother Dot Walsh told ABC Radio today.

Walsh told the court he feared for his safety if he was returned to Port Phillip Prison.

Dot Walsh said her son was in need of urgent medical attention.

"I'd like to see him go into the Eye and Ear Hospital," Ms Walsh told ABC Radio today.

"It's two months now, since the attack, and he is still not seeing properly.

"He still hasn't any colour vision in his eyes, he can't stand any light on one ofhis eyes at all ... his head has still got the indentation in his skull.

"In two months you would think a normal injury would be healed, but this one has not."

A spokesman for acting Correctional Services Commissioner, Dennis Roach, said policewere now conducting an investigation alongside an internal inquiry by the commission.

Walsh was now receiving medical treatment and would not be transferred from BarwonPrison until the inquiry was completed, he said.

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KEYWORD: WALSH