Prison chiefs ‘failed duty of care’ in death of frail inmate

Prison authorities have “legal obligations” to protect the health of prisoners after a “frail” 61-year-old inmate died following an assault in a shared cell.

The Inspector of Prisons said the deceased, a convicted child sex offender, “should not” have been in the same cell as a violent 31-year-old man who was supplying home-made alcohol to other inmates.

Judge Michael Reilly said prison management “did not exercise the duty of care that would be expected”.

The deceased was beaten while numerous inmates were in and out of the cell in the Midlands Prison on February 12, 2013.

The State pathologist concluded that he died from cardiomyopathy — cardiac arrest precipitated by blunt-force trauma to the head and body.

The inspector said “all evidence points to the fact that an assault took place”.

Judge Reilly said the Irish Prison Service should, “as a matter of urgency”, examine its procedures of preserving crime scenes, saying the scene in question “may have been contaminated”, with implications for the gathering of evidence by gardaí.

On foot of the Garda file, the DPP instructed that no charges be brought.

The deceased was serving six years for 21 concurrent counts of indecent assault and sexual assault of five boys.

Judge Reilly said the deceased had been moved from a single cell to a shared double cell. The inspector said the man was “much older” than his years and was “frail”. He said he could be described “as an inoffensive country man”.

His cellmate was serving time for false imprisonment, assault causing harm, and threatening to kill, and was considered “a volatile prisoner” by jail authorities.

Judge Reilly said it was “totally inappropriate” that a non-smoker with breathing difficulties be placed in a cell with a heavy smoker.

The inspector viewed CCTV from outside the cell and noted that “numerous prisoners” were calling to the cell that day, either to drink or collect alcohol.

Judge Reilly said prisoners should not share cells unless “a comprehensive assessment” is carried out — a demand that “must be followed” by all governors.

He said the Irish Prison Service and governors of all prisons “must be aware of their legal obligations” to protect prisoners’ health when considering multiple inmates sharing cells.

He said a prisoner who objects to sharing a cell with an inmate who smokes “should never” have to share a cell with such a prisoner.

The Jesuit Centre for Faith and Justice and the Irish Penal Reform Trust said the death highlighted the case for single cells and proper risk assessment.

The Irish Prison Service said a cell share risk assessment pilot is under way in the Midlands Prison.