The Warden’s Plot

Pillar 3: Consitutional Heritage

Media description: Deleted scenes from the movie Broken Hill (Audience Alliance Pictures 2009) reveal a jail warden’s scheme to allow a prisoner to escape.

MEDIA CONTEXT
No one is above the law. All public servants - including police, judges and politicians - are bound by the law, as set out in the Constitution of Australia. Yet in these deleted scenes from the movie Broken Hill (Audience Alliance Pictures 2009) the warden of Willyama Gaol (Leo Taylor) meticulously plans for the escape of the high profile prisoner, Kalai Takalua (Che Timmins). His objective is not stated in these scenes but later in the movie media personnel speculate the warden had hoped to catch Kalai with the stolen diamonds for which he was imprisoned. This is all to happen en route to a performance in Broken Hill for prison ensembles. The lead character, Tommy McAlpine (Luke Arnold), is understandably disappointed by the warden’s plot, for the concert will double as an audition to the Sydney Conservatorium and Kalai plays a key part in Tommy’s musical composition.

MEDIA CRITIQUE

As portrayed in deleted excerpts from the movie Broken Hill, a prison warden appears to break the law in order to serve justice, without any qualms. Are the directors trying to indicate that this behaviour is common practice among prison wardens or is it a rare situation? Perhaps the section was deleted to avoid negative political insinuations. 
When meeting with the warden Tommy seems more worried about his concert than pursuing explanations for Kalai’s escape. He appears to go along with the plan but perhaps the scene should have included the warden extending an ultimatum, thus demonstrating Tommy’s reluctance. 
How likely is it that prisoners would have been un-cuffed when waiting for the second bus?

ANALYSIS & REVIEW

1. The recovery of stolen diamonds via Kalai’s eventual escape may have been the warden’s intention in allowing Kalai to participate in Tommy’s musical group. Was he within his dutiful rights to mislead Tommy? 
2. As an officer of the law, sworn to uphold justice, are the warden’s actions justified?
3. Tommy has been let down. Does he have a right to expect any personal consideration from the warden, particularly as one completing community service for his own infringement of the law? 

THE AUSTRALIAN CONSTITUTION & AUSTRALIA TODAY

The Rule of Law is enshrined in the Australian Constitution, which was developed based on well tested ideas inherited from past societies. It is the principle that every person, no matter their station or position in society, is subject to the same set of laws. This means the warden in the movie Broken Hill was obliged to follow the law, even if he did not. Is this provision in The Constitution restrictive? Should police and prisons have their own set of laws in order that justice is served in every case? Would that work? Presently only courts have the authority to interpret the law.

PERSONAL APPLICATION

There may come a time in your life (if not already) when you are pressed to do something you instinctively feel is wrong. Spend some quiet time considering the possibility and decide now how you will act when that time comes. 

AUSCIVICS FILM & TV SERIES LINKED TO SCHOOL CURRICULUM

Learning areas and/or outcomes relating to the questions and issues above have been identified for each state and territory in the following links:*