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West Australian taxpayer funds could be used to pay out a child rapist and a handful of other criminals who are suing the state over “inhumane living conditions” in prison.
It comes after inspector of custodial services Eamon Ryan released a report in June outlining the “deteriorating conditions” at Hakea prison, potentially amounting to “cruel, inhuman or degrading” treatment.
The Aboriginal Legal Service has lodged three writs in the Supreme Court of Western Australia since last Friday on behalf of prisoners alleging a lack of duty of care by the State of WA, the Department of Justice chief executive, and the superintendent of Hakea prison.
Fernando Octavio Salas-Collard, 35, who raped a 16-year-old girl in the Coogee Beach toilets in January, 2024, is among the growing number of prisoners taking legal action.
Salas-Collard, who was previously jailed for aggravated grievous bodily harm for abusing a former partner, claims he was confined to his room for different periods while behind bars between December, 2022 and August, 2026, according to a writ.
The father claims this was “inhumane” and had “severely reduced access to essential entitlements and services”, which is unlawful and a breach of a duty of care. He is seeking damages, interest and legal costs, the document states.
Sales-Collard was sentenced to 6½ years prison in October, 2025, for the Coogee beach sexual assault.
Judge Seamus Rafferty told Perth District Court that Sales-Collard “showed a callous disregard” for the welfare of the girl who he pulled into the men’s toilets, according to the sentencing transcript.
Rafferty told the court Sales-Collard put his hand over the victim’s mouth to “to keep her quiet” when the girl’s friend called for her outside the toilet block.
“(The victim) was scared throughout the whole incident … you are not remorseful, in any way, for the conduct in which you engaged,” Rafferty told the court.
Fellow Hakea prisoners, Arthur Lewis Ninyette, who is serving a 10-year sentence for serious domestic violence offences against his partner, and Dylan Ross Sesar are also suing the same entities for “inhumane living conditions” at the facility.
In June 2024 at the Perth District Court, Ninyette, who was 36 at the time, was convicted of 14 offences by a jury including multiple counts of sexual penetration without consent.
During his sentencing, Judge Martin Flynn said Ninyette had made his victim’s life “hell”, according to the transcript. Flynn told the court the offending included “significant violence or sexual violence or both”, over a 12-day period.
In one incident, Ninyette held a tomahawk above his head and held the victim’s throat with the other and yelled, “I’m going to kill you”, before choking the woman until she passed out.
In the victim’s own words she wrote: “I pictured my kids and then … I passed out”, according to the sentencing transcript.
In June, Sesar was sentenced in Mandurah Magistrates Court to 10 months behind bars for several offences including stealing, aggravated common assault and assaulting retail workers.
An Aboriginal Legal Service spokesperson said it was not providing public comment on the matters at this stage.
A Justice spokesperson said the department had undertaken coordinated operational, workforce and infrastructure measures to manage prisoner population, capacity and staffing to support the wellbeing of people in custody while maintaining community safety.
“The government continues to strengthen the corrections system through significant investment in prison and youth detention infrastructure as well as staff recruitment campaigns,” they said.
“The Department has not been served with any writs this year related to conditions at Hakea Prison.”
Carla Hildebrandt is a journalist with WAtoday. She previously worked on ABC’s Four Corners and as a court reporter at The Daily Telegraph in Sydney. For secure contact: carlahildebrandt@proton.me.Connect via email.From our partners
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