A magistrate has questioned whether there needs to be a death in custody at the Alexander Maconochie Centre before prisoners are given their prescribed medications in a timely way, saying it is "outrageous" that an inmate has so far gone three days without crucial medicine.
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Magistrate Bernadette Boss remanded Daniel James Clayton in custody on Saturday. The man faces eight charges including robbery and aggravated burglary.
Clayton applied for bail on Tuesday, when his lawyer Tom Taylor told the ACT Magistrates Court that Clayton, who suffers from autism and Tourette's, had not been given his medication in the three days since being locked up at Canberra's jail.
Mr Taylor said he had personally seen that Clayton was prone to "rapid deterioration" without his medicine.
Dr Boss said she had made a note on Clayton's file during his appearance on Saturday saying he must be given his medication, but it seemed the court had been "completely ignored".
"Does there have to be a death in custody before detainees are provided with their prescribed medications?" Dr Boss asked.
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Dr Boss said she understood Clayton's medication to be "absolutely necessary" to his health and welfare.
She said she was not saying that in Clayton's case the lack of medication was life-threatening.
But Mr Taylor contended that it might be because Clayton suffered from physical Tourette's, which meant he was not always able to control the movement of his body.
He said without the medication, Clayton might make an involuntary movement that put his life at risk.
Dr Boss said she was "sufficiently concerned" to have someone responsible for medications at the Alexander Maconochie Centre subpoenaed to come to court on Wednesday and explain the situation.
Prosecutor Luke Crocker said he would make inquiries about who should be summonsed.
Dr Boss said she was willing to issue a warrant for the arrest of any person issued with such a subpoena if they did not turn up.
The magistrate said if the person responsible could not be found, the court may have to subpoena ACT Corrective Services commissioner Jon Peach and "see what he has to say for himself".
She said Clayton's medical situation would have "a material effect" on her ultimate decision as to whether he should be granted bail.
Clayton's bail application is expected to resume on Wednesday.
