Lawyer seeks clemency for Comanchero Justin Clark after solitary anguish in prison
- Herald Sun
- June 03, 2014
Justin Clark, 41, has been kept in solitary confinement for more than 13 months with as little as 14 minutes a day outside his cell.
Most of that time he has had no contact with other prisoners and there is no natural light in his tiny cell.
His lawyer, Peter Morrissey SC, told the County Court Clark’s inhumane conditions in custody should be taken into account when he was sentenced.
“This is very extreme what’s happened to this person (and) we say clemency is called for in this case,” Mr Morrissey said.
“There’s a clear human rights breach happening.
“He is really being oppressed in a genuine way.”
Mr Morrissey said all his client could do was “watch the minutes crawl past”.
He said medical experts had witnessed a significant decline in Clark’s mental and physical state, urging Chief Judge Michael Rozenes, in sentencing his client, to consider the additional hardship imposed on Clark because of the permanent lockdown.
For legal reasons the Herald Sun cannot disclose the circumstances that led to Clark being put in solitary confinement.
Clark has pleaded guilty to one count each of importing a marketable quantity of a border-controlled drug, namely cocaine and methylamphetamine.
He became involved in the Mexican drug cartel after meeting a connection at a business conference in Las Vegas.
The syndicate manufactured cocaine and other drugs, and exported them from Mexico using airline passengers.
The court heard the offending happened between 2011 and 2012, in a desperate attempt by Clark to raise funds to secure the future of his waste management business.
He made payments of $330,000 for drugs that had a potential street value of $3 million.
He was charged in 2012 after a 16-month investigation by a joint multi-agency taskforce, including Victoria Police.
Mr Morrissey said when released Clark had good prospects of rehabilitation, had a successful business to return to and a supportive girlfriend.