EXCLUSIVE
The jailed leader of the notorious Sydney gang Brothers 4 Life has begged a judge to grant him access to a laptop computer, just days after it emerged he was planning to build a resort in Central America with the Chinese government.
Bassam Hamzy, 45, this month filed a civil lawsuit against the NSW Corrective Services Commissioner in protest at current conditions at Goulburn’s Supermax prison, one of Australia’s toughest correctional facilities.
Hamzy, who has been in prison for more than two decades for various crimes including murder and large-scale drug trafficking, lives in a separate cell in the prison’s high-risk section.
But the underworld figure, who was found guilty just three months ago of running a drugs gang from prison, is angry after storage bins were removed from his cell on June 27.
In the case before the Supreme Court of New South Wales, he argued that the eight bins contained material he needed to prepare for the upcoming trial.
He also stated, for the same reason, that he needs a laptop with word processing capabilities, as he has arthritis in his thumb which makes it difficult for him to write.
‘I had 8 tubs in my cell for over 4 years. The tubs are 20 inches long, 12 inches wide and 11 inches deep. I have the tubs in the left corner of my cell, 4 tubs high. The floor space [they] “The image is 100 cm by 30 cm,” reads an oath submitted by Hamzy.
“The tubs were removed because of the fire hazard. I’m in a cell with one way out. In 25 years I haven’t started a fire in the prison system.
Bassam Hamzy (pictured) has taken NSW Corrective Services to court in an attempt to gain access to a laptop
Hamzy is housed in Goulburn Supermax Prison in southern New South Wales
‘I am currently trying to settle 10 separate legal cases. I have a very complex criminal case on Friday for the supply of commercial quantities of drugs. I am already preparing my appeal against this guilty verdict.
“I also have a lawsuit for obstruction of justice. I have a family law case. I need my legal books, reports, transcripts, evidence, and case law to prepare for these cases.”
The court ruled that Hamzy will still be allowed to have one bin of legal material in his cell, while the rest – 12 bins, one archive box and two canvas bags – will be kept in a room that he only has access to during the day.
The commissioner told the court that in light of recent fires in correctional facilities in the state, there has been a review and tightening of existing security policies that impose restrictions on the possessions prisoners are allowed to accumulate in their cells.
However, Hamzy claims his access to his legal facilities – including his bathtubs and a phone inmates use to call lawyers – has been hampered by recent prison lockdowns, which have left him unable to leave his cell for hours – or even days.
He said he currently has a laptop in his cell that is “locked” and has no word processing capabilities, and he doesn’t understand why he is allowed to have a device but not type.
“I have a severe injury to the upper joint of my right thumb. This makes it extremely painful to write. Sometimes my thumb just locks up,” he wrote.
The facility (pictured) has housed the worst criminals this country has produced in the past three decades
Hamzy is in the High Risk Management unit (pictured)
He is angry after a limit was placed on the number of trays of documents he is allowed to have in his cell. Pictured is the inside of a cell within the HRM unit
‘I have asked for a laptop several times to type my documents and submissions. I have been denied without good reason. I even offered to buy a laptop myself.
‘Trying to prioritize cases and documents has not only delayed, hindered, and impeded my effective preparation of my cases, but has also caused me a great deal of stress, anxiety, and frustration.’
The Commissioner argued that prisoners’ property posed two security risks: the risk of a fire spreading and the opportunity for prisoners to hide prohibited items.
The court also heard that Hamzy has “greater access” to his legal materials than other inmates, as he has exclusive use of the prison’s day room and can also “rotate the legal materials in his cell as he sees fit”.
The commissioner further noted that the laptops provided to inmates are essentially e-readers only. While officials are investigating ways to securely add other programs, no other inmate in the state has devices that can type words.
‘The Commissioner considers that in the circumstances of this case nothing more is required to be fair. The Commissioner should not be forced to make additional allowances for access to Mr Hamzy’s legal materials.
‘Making such an exception for Mr Hamzy not only raises the practical problems outlined above in relation to being able to provide the computer access that Mr Hamzy desires, but also raises concerns about the equal treatment of prisoners in the management of correctional facilities.’
However, a ruling was due to be made on Tuesday, during the final hearing before Chief Justice Ian Harrison, the commissioner wrote to the court to announce that the prison had decided to allow Hamzy to use a second laptop in preparation for his trial due to begin next month.
The commissioner said the decision would be reconsidered after the trial and that the decision to restrict access to his baths would be upheld.
Meanwhile, behind bars, Hamzy is busy building a resort in Belize (photo)
He has contacted the Chinese government to ask for help in financing the project in the Central American country (pictured) in exchange for help with their ‘political influence’
Chief Justice Harrison acknowledged that prison security was overseen by the prison service, not the courts, but ruled that, for the sake of procedural fairness, Hamzy needed a laptop without an internet connection to prepare his case.
He also said it was time for prisons to modernize their facilities for inmates, calling the use of bins for legal documents “primitive.”
“At a time in our history when elementary school students are using this technology in the classroom, it seems like there is a need for some level of lateral thinking in the context of the janitor,” he said.
According to the decision, the device is paid for by Hamzy and must be inspected by prison authorities to ensure it meets prison requirements.
Hamzy’s victory comes after The Daily Telegraph Last week he revealed that he is using his time in prison to build an alliance with the Chinese government.
According to court documents, Hamzy contacted Chinese officials — through the country’s embassy in Australia — offering to help build a multimillion-dollar tourist resort, dubbed “Boss City,” in Belize.
In exchange for “partial or full” funding of the project by China, Hamzy said he would help promote “recognition” and increase Chinese political influence with the Belizean government.
The proposed resort would include villas, a water park and a sports stadium and Hamzy hopes it will surpass Mexico’s Cancun as the region’s favorite tourist destination, the documents said.
It is known that Hamzy’s mission to develop in Belize, where several of his relatives live, is completely legal.
Hamzy has pleaded not guilty to kidnapping and his trial is set to begin in Sydney District Court on September 2.