A wicked baby rapist who repeatedly sexually assaulted a two-year-old girl on camera has won an interim lawsuit alleging that his human rights were violated when he was housed in a cell with a cellmate.
Jason Daron Mizner, whose heinous paedophile offences span two nations and include stifling a toddler’s screams with a muzzle, had already expressed dissatisfaction with the length of his sentence.
The Courier Mail said that the former Gold Coast yoga instructor, who is in his late 40s, has now secured an interim Queensland Civil and Administrative Tribunal (QCAT) injunction preventing him from being held in a shared cell while his discrimination complaint is resolved.
Mizner claims discrimination by Queensland Corrective Services for putting him in a two-man cell after serving 11 years in a Thai prison for raping and recording kids before being deported to Australia.
Inmates at Wolston Correctional Centre in Wacol, west of Brisbane, also include the husband killer Gerard Baden-Clay and paedophile killer Brett Peter Cowan, who killed Brisbane schoolboy Daniel Morcombe.
Mizner claims that he suffers from problems, such as post-traumatic stress disorder, as a result of the 11 years he spent in a Thai prison for raping a child.
He claims that in addition to having autism, brain damage, and foot or leg problems, these conditions make it challenging for him to share a cell with another prisoner.
And it appears that QCAT will grant him his demand indefinitely because having to share a cell with another inmate is intolerable for someone who experiences “chronic emotional hyperarousal.”
He was convicted of 65 child sex offences in Queensland and is currently serving a 19-year sentence for repeatedly raping a two-year-old girl over a three-month period in the early 2000s.
His disgusting criminal record comprised over 30 incidents of rape and recording the crimes.
Mizner was apprehended while on vacation in Thailand, where he had made friends with a Thai woman whose infant daughter he had also started to molest.
The mother of a two-year-old girl had discovered a suitcase of his belongings back on the Gold Coast, which had handwritten notes with the names of the children, instructions on how to exploit them, and films of his horrible assault.
The bag included plans for a child exploitation ring as well as recordings of children’s names and addresses of single mothers.
Mizner served 11 years of a 35-year sentence after being found guilty of horrifying child sex offences in Thailand, and upon his release, he was deported to Australia.
He was charged with the Gold Coast offences and given a total term of 26 years in continuous custody in two nations in 2018.
Despite having 30 years of expertise with severe child abuse cases, Justice Leanne Clare admitted at sentencing that she had found it difficult to handle the upsetting video of Mizner’s crimes.
Judge Clare observed, “I only watched a bit and it has been a struggle to get the visual of your offending out of my thoughts.
“I cannot fathom the horror of it for the mother of (the girl)”
Judge Clare claimed Mizner had exhibited no remorse for his horrible crimes and that she had to postpone sentencing because she was so traumatised by the gruesome footage.
A year later, Mizner argued in the Queensland Court of Appeal that his sentence did not adequately account for the time he spent in prison abroad.
As a result, he will not be eligible for parole until 2031.
His case was rejected.
Currently being imprisoned at Wolston Correctional Centre while QCAT decides on Mizner’s initial Anti-Discrimination Act suit.
The tribunal was informed that Mizner’s plea to not share a cell was supported by a prison psychiatrist because of his “chronic emotional hyperarousal, hypervigilance, and intrusive recollections” typical of PTSD.
According to Mizner, a prolonged stay in a shared cell “would affect his mental health and cause him to have a mental collapse,” QCAT heard.
According to Mizner, Corrective Services failed “to give adequate respect to his human rights in making judgments” and that he did not satisfy the criteria for the “Do Not Double Up” list, according to a prison psychologist.
Mizner, according to Corrective Services, is suited to shared housing, and QCAT heard that single cells are the unusual in the overcrowded Wolston jail, with offenders only kept in a cell alone in dire situations.
Mizner had proven “a significant chance of success in the complaint,” according to QCAT member Ann Fitzpatrick, and the risk to his mental health had to exceed the operational issues with the institution.
In a published judgement, she stated, “Overall, I am not satisfied with the minimal information available that the applicant would not suffer harm if placed in a shared cell.”
She commanded that he not be housed in a double occupancy cell until his discrimination claim was resolved.