A Canberra detainee who claimed he was discriminated against and subjected to jokes involving Islamic State because of his Muslim faith has lost his case in the ACT Court of Appeal.
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Isa Islam, a street preacher who bashed a fellow inmate in 2013, leaving the victim hospitalised for four weeks, claimed in court documents that corrections officers at the Alexander Maconochie Centre did nothing when inmates made reference to "IS" or terrorism in comments to him.
He alleged one officer had asked, "when are you going to join IS, Isa?"
Islam, who made more than 20 separate claims of discrimination against corrections officers, sought orders requiring prison management to ensure officers and contractors did not breach the Human Rights Act, and for two officers to undergo remedial training in relation to discrimination, unlawful search and seizure and inmate safety.
Associate Justice David Mossop said in his February judgment the detainee, who has completed three masters degrees while in prison, was "clearly intelligent" but had "a propensity to attribute a persecutory explanation to the events which are otherwise explained".
Mr Mossop said no findings of discrimination could be made out against the officers, and he was not satisfied the alleged comment by the officer was made.
"There was evidence of abuse or hostility by other detainees directed to the plaintiff because of his religion," he said.
"However, there was no evidence that abuse or hostility based upon religious intolerance was treated any differently from any other form of abuse or hostility."
Mr Mossop said it was likely officers had spoken to the prisoner about his religion, but after Islam had made a request for this not to occur there was nothing to indicate they failed to take appropriate action.
The 2013 bashing, which led to the victim spending five days intubated in intensive care, occurred while Islam was behind bars for a near-fatal stabbing outside a takeaway shop in Ainslie in 2008.
The earlier attack left the victim a quadriplegic. Islam was found guilty of inflicting grievous bodily harm and was sentenced to nine years with a non-parole period of 4½ years. He is currently appealing the later six-year sentence for the prison bashing and is self-represented. He will be eligible for parole in January 2019.
Last year he unsuccessfully launched civil action in an attempt to force the prison to allow him better access to a computer, the legal website Austlii and cheaper faxing facilities.
A preliminary hearing in the sentence appeal matter was held in the ACT Court of Appeal on Wednesday.
