Man who filmed rape of 2-year-old given special privileges because of ‘human rights’

Charlie Herbert

Warning: article contains details some readers may find upsetting

He claimed having a cellmate infringed his human rights

A man serving 19 years behind bars for sexually assaulting a two-year-old has won a claim that his human rights have been breached.

Jason Daron Mizner won a temporary Queensland Civil and Administrative Tribunal (QCAT) order that ruled he should not be placed in a cell with another prisoner until the conclusion of a discrimination case.

Mizner, in his late 40s, is serving 19 years in Brisbane’s Wolston jail for raping and videotaping his assault of a two-year-old over a number of months.

He had previously spent 11 years behind bars in Thailand for assaulting another young girl, before he was deported to Australia.

But after being placed in a two-man cell, he claimed discrimination by Queensland Corrective Services.

Mizner claims he is impaired by post-traumatic stress disorder (PTSD) following his time in the Thai prison and suffers from “persistent emotional hyperarousal.”

The QCAT heard that if Mizner shared a cell for more than a few weeks it would “impact on his mental health and lead him to have a mental breakdown,” the Mail Online reports.

Mizner claimed that sharing a cell with someone would cause him to have a mental breakdown (iStock)

He claimed Corrective Services failed to “give proper consideration to his human rights in making decisions.”

A prison psychiatrist supported Mizner’s request to have a single cell because of “persistent emotional hyperarousal, hypervigilance and intrusive recollections’ consistent with PTSD.”

The prison argued Mizner was eligible for a shared cell and that the overcrowded Wolston prison meant that only extreme circumstances allowed for inmates to get single cells.

However, QCAT member Ann Fitzpatrick ruled that Mizner had demonstrated “a sufficient likelihood of success in the complaint” and that the risk of harm to his mental health should not be ignored because of the prison’s overcrowding problems.

He is currently serving a 19-year sentence for a total of 65 child-sex offences involving a two-year-old girl who he repeatedly raped over a three-month period.

He was found guilty of more than 30 counts of rape and videotaping the assaults.

Mizner was sentenced to a minimum of 15 years behind bars in 2018. He had been arrested during a holiday in Thailand where he befriended a woman whose baby daughter he had started to sexually assault as well.

Meanwhile, the mother of the two-year-old found a bag of his possessions at home. This included handwritten notes with children’s names on, along with details of how to abuse them and videos of his abuse.

He served 11 years of a 35-year sentence in Thailand before he was deported to Australia.

Once in Brisbane, Mizner was then sentenced to 19 years in an Australian prison, where he must serve at least 15 years of the sentence.

At the sentencing in 2018, district court judge Leanne Clare said the video recordings of the assaults were so shocking that she had put time between viewing them and sentencing Mizner so that her judgement wasn’t clouded, the Guardian reports.

She added: “I only watched a portion and it has been a battle to get the vision of your offending out of my head. I cannot imagine the horror of it for [the girl’s] mother.”

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