By Avani Dias
Former Don Dale detainee Dylan Voller is applying to be released from prison because of his mistreatment in detention.
Voller is known for the footage of him spit-hooded and shackled to a restraint chair in detention in a Four Corners expose, which sparked a royal commission.
The now 19-year-old told the commission this week that he was denied food and water by guards and had to defecate into a pillowcase while in detention.
His lawyer Peter O’Brien said the judge did not take into account this mistreatment when sentencing Voller in 2014.
“We say that Dylan Voller’s circumstances have changed significantly,” he said.
“Had the judge sentencing him in July of 2014 known the type of circumstances in which he’d been housed and accommodated and the way he’d been treated … then there would have been a different sentence applied,” he said.
“The second basis is that he’s currently being diagnosed with difficulties related to those ongoing problems and we’re seeking to prove that there’s additional traumatisation for his continued incarceration.”
Voller is serving a sentence of more than three years in the adult prison for aggravated robbery and is not due for release until October next year.
Circumstances for reconsideration ‘very exceptional’.
Mr O’Brien said he would propose alternative detention options to the judge in an application that will be heard in the Supreme Court on Tuesday next week.
“The application is that he should be released as soon as possible and any further incarceration could be detrimental,” Mr O’Brien said.
Voller was eligible for parole in October 2015 but his applications for it were rejected.
“A sentence reconsideration is not an uncommon or exceptional type of application,” Mr O’Brien said.
“But there would never have been one done in these types of circumstances where a young, convicted offender is seeking to show by demonstrated evidence in a whole body of reports, his own appearance within the royal commission,” he said.
“The circumstances of this reconsideration are very, very exceptional.”
This post originally appeared on ABC News.
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