Back in August 2016, my client James was serving time at HMP Swaleside.
He secured a key worker position in the kitchens and was a valued member of the prison kitchen inmate staff.
On the morning of 24 November 2016, James was assaulted by a senior officer. As is often the case, there was a dispute between James’ account and the prison officer’s version of events.
The prison maintained that that morning, James had been banging on the inside of his cell door and had been verbally abusive to an Officer when he was asked to stop. . As a result of James’ behaviour, Supervising Officer (“SO”) McDermott directed that 3 Officers should serve James his lunch at his cell door, instead of at the servery with other prisoners. Those 3 Officers went to James’ cell with James’ lunch. The cell door was opened. James stepped forward and took his food, and then placed his foot in the door to prevent it from being closed. He demanded an explanation for why he was being served his meal in his cell. The Officers attempted to explain that it was due to his abusive behaviour earlier that day. James refused to move his foot out of the door and shot the bolt of the door to prevent it being closed.
SO McDermott was contacted to attend and as requested did so and spoke with James, but James continued to protest that he was being treated unfairly. SO McDermott asked for 2 more Officers to attend to assist. It was alleged that James became increasingly aggressive and, holding his left hand behind his back, stated “The first Officer to lay hands on me will get slashed” or words to that effect. The Officers present alleged that they genuinely and reasonably believed at this point that James had a sharp or bladed weapon that he was concealing behind his back and intended to use it on them.
The Prison Officers entered the cell, restrained James and forced him onto his bed. With James under control, the Officers tried to encourage him to calm him down so the restraint could be ended. Even on the account of the Officers, it was accepted that James was calming down at that point, and it was not disputed that they had him completely under control.
However, SO McDermott then entered the cell and without warning, and whilst James was being held down on the bed by his fellow Officers, punched James hard in the face, in the region of his left eye. James started to shout “Who banged me? I’ve been banged” and began to resist the restraint actively again. Nonetheless, the Officers were able to progressively release the restraint and left the cell.
In the Officers’ accounts, it was alleged that at this point James produced a ‘bladed article’ from his trousers and moved towards the cell door.
However, this account – that James had a weapon in his possession- was significantly undermined by the fact that James was ‘unlocked’ after lunchtime and allowed to attend to his usual duties in the kitchen, with no suggestion that his cell was searched for a weapon, that any weapon was confiscated from James or that he was charged with possession of such a weapon.
James was subsequently referred to healthcare, who advised him to collect an ice pack from the treatment room and to contact healthcare with any other concerns. They did not prescribe any medication but noted bruising and swelling to his left eye, albeit with no visual impairment
As a result of James’ allegation, an investigation was conducted by the Prison Governor, which involved interviewing the staff involved. The Governor found that there was a case to answer against SO McDermott for punching James. He was due to attend a disciplinary hearing on 15-17 March 2017, but resigned prior to that hearing taking place.
Whilst continuing to maintain the allegation that James had a knife, in response to the claim the Prison admitted that SO McDermott had unlawfully assaulted James when he punched him in the face and the Ministry of Justice in due course agreed to pay James £7,500 compensation plus his legal fees.
Also read: The Phantom Knife? Violence and Lies by Prison Officers
