Sex between jail guard and prisoner ‘not a crime’

 

A COP killer and a female guard who were alleged to be having sex in prison were under surveillance for more than a month before Corrective Services suspended the officer and transferred the prisoner­ to Goulburn Supermax.

Corrective Services are powerless to charge prisoner Sione Penisini, who shot dead police officer Glenn McEnallay in 2002, or the guard with any criminal offence.

"It is not a criminal act but it is a breach of the code of conduct,'' Corrective Services Minister David Elliot said yesterday.

Cop killer Sione Penisini was jailed for 36 years.
Cop killer Sione Penisini was jailed for 36 years.

The Daily Telegraph understands the minister's office­ is now looking at ways to make sex between prisoners and staff a criminal offence.

Highway Patrol officer Constable Glenn McEnallay.
Highway Patrol officer Constable Glenn McEnallay.

The NSW Police Association has attacked­ Mr Elliott and Corrective Services Commissioner Peter Severin after Radio 2GB announcer Ray Hadley revealed on Monday that Penisini was having sex with prison guard Amy Connors­ while he was in maximum security at the Mid-North Coast correctional centre at Kempsey.

"If Elliott and Severin were doing their jobs, every cop killer would be rotting away in Supermax,'' Police Association president Tony King said yesterday.

"It's a direct slap in the face of every officer, all of us who have worn the blue shirt."

The woman was suspended on Friday and escorted from the prison and has since tried to unsuccessfully resign.

Minister for Corrective Services David Elliot.
Minister for Corrective Services David Elliot.

It is understood the department wants to complete its investigation before possibly sacking her.

It follows another incident earlier this year when another female officer was sacked for having sex with a prisoner at the department's training centre Brush Farm at Ryde.

 
Prison guard Amy Connors has had been suspended.
Prison guard Amy Connors has had been suspended.

Mr Elliott is also going to visit the Kempsey jail next Monday to see where it is alleged­ Penisini, who was jailed for 36 years for the police officer­'s murder, is alleged to have assaulted another prisoner earlier this month.

"I have been appalled by the alleged inappropriate behaviour and I appreciate it has caused concern for police officers and loved ones of Senior Constable Glenn McEnallay," Mr Elliott said yesterday.

"Today I spoke to Mr McEnallay's mother, Judy, and expressed my sincere regret and apologised to her.

"It is clear this inmate should never have been alone with a junior female officer. I am keen to see what options we could implement to ensure this is never allowed to happen again.

"Anyone who engages in an inappropriate relationship with an inmate has let down thousands of hardworking correctional officers."



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