A PRISONER who presented himself to jail — but was not taken in — remains at large while an investigation into the bungle continues.

Robert Rigney, 33, was on temporary release from Yatala Labour Prison to attend the funeral of his sister, niece and nephew, who were killed near Gawler in May.

Rigney was due back at the prison last Friday, and presented himself to correctional services officers at reception around 3pm.

He was not taken into holding while staff were validating his paperwork and — fed up with waiting — left the prison just before 3.30pm.

An hour later, he arrived at Holden Hill Police Station where officers contacted Yatala — but he was not picked up and returned to the prison.

Department of Correctional Services deputy chief executive Jackie Bray told ABC 891 on Thursday that staff were aware of Rigney’s requirements to return to the jail.

She said the breakdown in the procedures for his readmission were being investigated.

Ms Bray could not confirm how long Rigney was at Holden Hill police station, but said her department was alerted to the removal of his tracking bracelet at a property at 6.30pm on Friday.

“We attempted to contact him when the bracelet was taken off,” she said.

“He obviously tried to do the right thing and contact the prison.”

Asked how, almost a week later, Correctional Services had not established how long he was at the police station and why he was not collected tto be taken back to Yatala, Ms Bray said she “did not know the full information from police”.

“That will be part of the full investigation,” she said.

“It doesn’t happen very often and it’s fairly unusual in these circumstances that someone is presented in that way.

“We need to look at the communication that was there with the corrections area.”

Rigney is still on the run, and anyone with information about his whereabouts is asked to contact police.

In the District Court on Wednesday, Judge Rauf Soulio questioned the appropriateness of prosecutors seeking to charge Rigney with breaching his bail.

Rigney, 33, was being held on remand pending his June 2017 trial on an aggravated charge of causing serious harm with intent to do so.

The charge relates to an alleged incident in Adelaide in November last year.

Under the terms of his bail, Rigney was to be released on July 11, wear an electronic monitoring device at all times and return to Yatala by 4pm on July 15.

media_camera Police issued this photo of Robert Rigney after they accused him of failing to return to jail.

On Monday, police issued a public appeal for information, saying he was unlawfully at large.

On Wednesday, prosecutors accused Rigney of breaching his bail — Judge Soulio, however, said that was not strictly the case.

“I don’t want to be difficult but his bail conditions were that he be released and return by 4pm,” he said.

“The acting general manager (of the prison) has confirmed he presented to the gatehouse within the time frame he was required to do so.

“I’ve been contacted by the chief executive of the Aboriginal Sobriety Group, who approached me directly and said Rigney was taken to Yatala Labour Prison on July 15 at 3pm.

“I was also informed that he attended a police station, attempting to return to custody, and that was not successful either.”

Prosecutors conceded that was the case, and that Rigney “was not accepted” at the gatehouse “for unknown reasons”.

They insisted he had breached his bail by removing his electronic monitoring device after he was turned away, but Judge Soulio disagreed.

“I don’t know that he was (legally) on home detention bail after 4pm,” he said.

“I know we need to get him back here, but I don’t know that he has breached his bail conditions.”

Amanda Lambden, for Rigney, said prosecutors had already filed a charge of being unlawfully at large against her client at the Port Adelaide Magistrates Court.

Judge Soulio said that would likely be the subject of legal argument.

“The simplest course at this stage is for me to order an arrest warrant be issued and for the matter to be called on before me when Rigney is arrested,” he said.

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