The lawyer for one of the highest-ranking officials in Western Australia's department of corrective services has made an application for the coroner in the inquest into the death of Cleveland Dodd to recuse himself over "bias".
On Monday, The West Australian reported Mintie Tantiprasut, the lawyer for deputy commissioner for women at Corrective Services', Christine Ginbey, made the application at a directions hearing for coroner Phil Urquhart to recuse himself.
Mr Urquhart said it was a "serious application", but one that had taken him "by surprise".
16-year-old Yamatji boy Cleveland Dodd died in custody in 2023 in Unit 18 of the notorious Casuarina maximum security prison.
Evidence at the ongoing inquest has highlighted a series of "grievous lies" told to the public by former Department of Justice director general Adam Tomison about staffing issues and conditions inside Unit 18, while former President of the WA Children's Court, Denis Reynolds, described the justice department as "incompetent" and with "no will" to change.
In July, Mr Urquhart granted Ms Ginbey's application to be represented by a dedicated lawyer when she gives evidence instead of the justice department's legal team.
Department lawyer David Leigh said during the application: "It's clear that counsel assisting [Anthony Crocker] intends to impugn Deputy Commissioner Ginbey's conduct when she is examined and to put to her profoundly serious allegations."
Pressed by Mr Crocker on Monday about why there was a perception of bias from Mr Urquhart, The West Australian reported Ms Tantiprasut said it was "what happened in those two-and-a-half days" [when Ms Ginbey gave evidence].
"The line of questioning," Ms Tantiprasut said. "I can't put it any more specific than that."
Ms Tantiprasut said Ms Ginbey's new legal counsel, Grant Donaldson SC, would attend a hearing on the application this Friday where he could provide further information.
In July, a previously undisclosed 30-page document detailing the operation of Unit 18, as well as information about decision making that led to the facility being opened, was received from lawyers representing the justice department.
They also included the proposed closure date of the facility, which was eventually not adhered to.
"I am very, very concerned about this. Someone is at fault here and I want to know why it was the court did not receive this," he said.
He also called for Ms Ginbey to appear within hours over her statement to the court that came with the late material, where she struggled to provide answers about the department's preparations for Unit 18 and wrote herself a note in the witness box to find out more.
"I have about 80,000 emails in my inbox," Ms Ginbey said after revealing she had only recently performed a partial search of her emails to prepare her statement, despite being asked to do so the previous year.
She apologised for misleading the court about answers department lawyers had given her before she gave evidence.
"I certainly didn't need to be untruthful," Ms Ginbey said after coroner Urquhart asked her about the information she provided.
"Can I remind you…about the importance of the oath that you've taken and the importance of giving truthful and honest answers," he said.
The inquest also showed a promotional video inside Unit 18, filmed two days before it opened, where Ms Ginbey stated: "It is going to be staffed fully by youth custodial staff."
However, during her testimony, she conceded she knew at the time that adult prison officers would also be working at the facility.
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