Sacked Castington prison guards in court fight for damages

Apr 24 2011 by Alastair Craig, Sunday Sun

JAIL chiefs have denied a series of allegations of corruption and cover-ups at a North prison made by two former guards.

Claims of inmate mistreatment and law-breaking have been aimed at bosses at HMYOI Castington at an employment tribunal.

Former officers at the Northumberland jail, Nick Bennett and Martin Cranmer, are bringing proceedings for unfair dismissal over an incident at Castington on March 10, 2007.

The tribunal heard earlier this month how the workers were suspended on full pay after an inmate was left with both wrists broken after trouble flared in his cell.

Police were brought in to investigate the two jail guards, but their trial for GBH was abandoned in January 2009 when a judge at Newcastle Crown Court ruled evidence missing through “serious negligence” by HM Prison Service would hinder a fair hearing.

The criminal case was dropped but a second internal investigation was held and Mr Bennett, from Fenham, Newcastle, and Mr Cranmer, from Blyth, Northumberland, were sacked for gross misconduct in April last year.

The pair launched legal action against prison bosses through a tribunal claim against the Secretary of State for Justice. Both are seeking substantial damages for unfair dismissal and suffering discrimination for making public interest disclosures - or “whistle-blowing”.

The men, who are both on treatment for depression, deny inflicting the injuries and claim the blame was pinned on them when they refused to co-operate in a cover up to under-report prisoner injuries to the authorities.

The tribunal, held on Newcastle’s Quayside, has heard a series of accusations which prison chiefs, represented by a legal team from the Treasury Solicitor’s Department, deny. The hearing resumed on Tuesday when HM Prison Service managers defended their actions and contested the allegations made by their former employees.

Alan Tallentire, governor of HMP Durham at the time and regional custodial manager of the National Offender Management Service (NOMS), said he is convinced the wrist breaks were caused by Mr Bennett and Mr Cranmer and not after the cell incident.

“I guess it’s possible the prisoner could have been pretending but there was evidence that he was in a great deal of distress at the time,” he said.

Mr Tallentire admitted under cross-examination that there was evidence from other guards that the prisoner had not been complaining on his way to the segregation unit after the incident in his cell. He also contested claims that a governor, Brian Westgarth, had destroyed or lost CCTV evidence which the claimants say could have cleared their names.

“I did not find that Mr Westgarth was lying,” said Mr Tallentire. “I agree that it would have been good practice to seize CCTV tapes but in reality, back then, the prison service was a bit loose on retaining tapes.

“So it concerned me but not overly and I did not think that anything untoward was going on.

“I don’t think CCTV would have added anything to my considerations because there was other evidence from the escorting staff.

“I think if there had been evidence of a further incident outside the cell it may have been useful but the prisoner had made no complaint about that. He was consistent that his injuries had taken place in his cell.

“The prisoner had made the complaint that he was injured in his cell and there was evidence that he was in distress in the segregation unit afterwards.