A dedicated prison maintenance officer accused of ‘playing the hero’ after he bravely tried to stop a prisoner from escaping has enjoyed a win against his bosses.
Glen Smits, a maintenance worker at Fulham Prison in Victoria’s Gippsland region, was left with a devastating spinal injury after he was ordered to tackle an inmate bolting towards him during a daring abscond attempt.
A Gippsland jury this month delivered the significant WorkCover verdict in the Latrobe Valley Civil Circuit, awarding substantial compensation to Mr Smits after finding in his favour.
The former prison employee suffered a catastrophic lumbar spine injury that required three surgeries and the implantation of a spinal cord stimulator to help manage his chronic, debilitating nerve pain.
Lawyers acting for Victorian WorkCover Authority had backed the private operator of the jail, international giant The GEO Group, accusing Mr Smits of ‘playing the hero’ and acting outside proper procedures by stepping in to stop the escaping prisoner.
But the defence dramatically backfired when they failed to produce any documentation showing that maintenance staff had ever received training, instructions or guidance on how to respond in the event of a prisoner escape.
The absence of proper training proved decisive, with the jury rejecting the workplace watchdog’s arguments.
While Mr Smits was successful, the jury did find a small degree of contributory negligence on his part.
Glen Smits’ brave actions were branded ‘reckless’ by his bosses, who were forced to pay him out after a bid to deny him compensation
While the settlement remains confidential, it is understood the Victorian taxpayer’s WorkCover bill, including legal costs, will top the $1million mark.
The case was run by the Traralgon team at Arnold Thomas & Becker, led by lawyer Marita Snipe, with Bethany Hourigan instructing in her first-ever jury trial.
Speaking after the verdict, Ms Snipe told Daily Mail the outcome highlighted serious failures by authorities.
‘Our client suffered a catastrophic spinal injury while responding to an emergency situation at his workplace,’ she said.
‘The jury carefully considered the evidence and ultimately rejected the suggestion that Mr Smits was acting outside his responsibilities without proper guidance.’
Ms Snipe added that the outcome sent a strong message to employers.
‘Where employees may be placed in harm’s way, clear training and procedures are essential,’ she said.
‘This verdict reinforces that workers should not be left without direction when confronted with serious risks in the course of their employment.’
Fulham Prison in Victoria’s Gippsland region
Ms Hourigan described the result as hugely meaningful for Mr Smits after a tough legal battle.
‘This case was strongly defended, so achieving this verdict was very meaningful for our client. The jury clearly recognised the long-term impact that these injuries have had on his life,’ she said.
The case has drawn attention to the dangers faced by prison support staff and the importance of adequate training in high-risk environments such as Fulham Prison.
The privately operated jail has been rocked by a swag of outrageous incidents over the past decade.
In 2012, about 30 prisoners rioted over new flexible toothbrushes, the removal of pay TV, and stricter dress codes.
Then in 2016, two prisoners, Chris Lyons and Michael Jarmyn, escaped from the medium-security facility.
They were recaptured shortly afterwards after a police manhunt.
In 2022, the Victorian Ombudsman found that a prison supervisor used unreasonable force by punching a remand prisoner in the face, failed to report the incident, and restricted the prisoner’s access to medical help.
Michael Jarmyn and Chris Lyons went on the run after escaping Fulham in 2016
Fulham has been the site of numerous ugly incidents
A riot broke out at Fulham in 2012
The prison has seen prisoner-on-prisoner assaults, staff injuries from brawls, and several deaths in custody, including cases that triggered coronial scrutiny and public concern.
WorkSafe Victoria declined to comment on the incident on privacy grounds.
Daily Mail contacted GEO for comment, but did not receive a response in time for publication.
