Corrections department expels veteran prison guard Sharon Irwin for unclean housing

The Department of Corrections said its decision to expel a veteran corrections officer who is suing the department for failing to keep him safe on the job was not retaliation but a last resort.

Sharon Irwin was attacked by an escaped inmate who pushed her down, breaking her arm so badly she needed surgery.

That was in October 2020, and since then, Irving, who has been a prison officer for more than 30 years, has suffered from post-traumatic stress disorder, anxiety and depression as a result of the attack and has had to take a long break before returning to work.

Meanwhile, she has been granted permission to launch a private lawsuit against the Department of Corrections for failing to keep her safe at work, after WorkSafe chose not to take any action.

The case is still before the District Court, but this week Corrective Services took Owen to the Tenancy Tribunal, which ultimately ordered her to be evicted from a property it owns, where she has lived for about 20 years.

Irving’s lawyers claimed the move was a double whammy and a reprisal for her taking the agency to court, while the corrections department said the house was so messy they had no choice but to kick her out.

“Our view is that because of the injuries she suffered, she was not able to keep her room tidy,” Irving’s attorney, Tim Leighton, said during Wednesday’s court hearing.

“The landlord’s actions had a serious impact on Ms Irving’s body and mind, and the court should have taken that into account.”

Layton said he has never seen a case where a defendant tried to remove a key prosecution witness at an upcoming trial.

He said Irving had lived at the Department of Corrections-owned Oakland Housing Village near Paremoremo Prison for nearly 20 years without any incidents and only had cleanliness issues because of injuries sustained on the job.

‘This is unhygienic’

In contrast, the Corrections Department said it tried to work with Irving for nearly a year after a failed lease inspection.

“Essentially, we have reached a point where it is unsafe, unsanitary and things need to be addressed,” the agency’s lawyer, Luke Sizer, told the court.

Sizer produced an inspection report completed by property manager Colliers in 2023 that found the floor was covered with debris and cat feces, garbage was piled up, mold was everywhere, and there were approximately 20 to 30 cats living in the house.

It is recommended that the apartment be completely cleaned, including replacement of all wall linings, requiring the disposal of an estimated 10 loads of rubbish.

“The overall condition is unsanitary and poses a risk to the health of residents, pets and visitors,” the inspection report states.

Setzer denied any allegations that the Department of Corrections sought to deport Irving in order to put pressure on her during Irving’s private lawsuit against the Department of Corrections.

“We cannot reasonably suggest that the Department of Corrections was acting in this way for an improper purpose,” he said.

‘It all got too much’

Irwin told NZME on Thursday she admitted the house was not clean but her health had deteriorated significantly since she was attacked at work.

She said: “I was deeply ashamed and embarrassed by this incident and it took a toll on me mentally.”

“It’s all become too much.”

Owen said she took about a year off but went back before she was fully ready, with depression, post-traumatic stress disorder (PTSD) and anxiety affecting her ability to work and keep the house clean.

She said: “I had never had any problems before the attack and I had lived in that house for over 20 years.”

Tribunal adjudicator Rex Woodhouse ruled in favour of the Corrections Department, finding it agreed and that it had gone “well beyond expectations” in supporting Owen.

“Landlords spend a lot of money hiring cleaners and bins and doing everything they can to support tenants,” he said.

“What the landlord has done here is way beyond what a landlord should do.”

Woodhouse said the property posed a significant health risk and he did not accept Irving’s assertion that the Department of Corrections had ulterior motives in expelling her.

“Whether or not the tenant can prove that the landlord engaged in unethical or criminal conduct, it is obvious to me that given the condition of the property, no reasonable landlord would have intervened,” Woodhouse said.

“I have seen no evidence or defensible argument that allowing the landlord to bring a claim would be an affront to the public conscience and I see no reason why ordering a termination would assist the landlord or any other landlord in engaging in unlawful conduct.”

A Corrections Department spokesman said the agency strongly denies any claims that its case was retaliation against Irving, and the court ruling supports that.

“We have a responsibility to ensure the safety and sanitation of our property and the welfare of our animals, and to respond to our neighbors’ concerns,” the statement read.

“We understand this is difficult for everyone involved and we remain committed to ensuring the employee is well supported.”

The Department of Corrections owns 97 residential properties, originally built in the 1960s to house Auckland Prison staff, which are available to the public and Corrections staff for the same rent.

This story originally appeared in New Zealand Herald.