5

Questions for Mr Walter MacGowan

(i) Robert Stewart arrived at Altcourse from Hindley on 5 November1999. Are you able to shed any light on why he was transferredto Altcourse? [In his statement to the police (copy enclosed),James Farrell said that =1think he had been transferred in from

HMP Hindley and caused some problems there". Was it beingsuggested that Stewart had been transferred because he had

,_ caused problems?]

(ii) Was any form of cell allocation risk assessment (either formal orinformal) in operation at Altcourse in late 1999? If there was,please explain how itoperated and provide copies of anyrelevant documentation. Was Stewart subject to any such riskassessment at any stage during his time at Altcourse? If so,please provide details.

(iii) How common were incidents of serious assaults by one prisoneron another? What tended to cause such incidents? Had youever come across a serious assault carried out by one cellmateupon another?

(iv) Mr Farrell said in his police statement that he would either haveread Stewart's security file or been briefed by security staff, andthat he thought Stewart had been involved in a fatal stabbing inprison.What procedures were in place at Altcourse at the timefor the dissemination of relevant informationcontained in aprisoner's security file? In Stewart's case, would you haveexpected the information that Mr Farrell read or was briefedabout to cause him to regard Stewart as someone who posed arisk to staff or to other prisoners? If so, what what would youhave expected Mr Farrell to do to make others aware of that riskor to take precautions against it?

-2177

(v) In his police statement Mr Farrell said that prisoners newlyarrived to the induction wing would always see a prison doctorthe next day. In Stewart's case, there appears to be nothing onhis inmate medical record at the time of his arrival other than the

very brief notes at pages 588 and 589 of the Inquiry Bundle:were those notes made by a doctor? Does your letter to theInquiry of 16 August 2004 indicate that a First Reception Health -Screen form (F2169) had been completed for Stewart, eventhough he was a person transferring from another prison?

(vi) To what extent, ifat all, did Robert ,Stewart staed out as beingunusual amongst prisoners at Altcourse? If you had anydealings with Stewart, did you gain any general impressions ofhim other than that he was quiet, and kept himself to himself?

(vii) Was a personal officer scheme in operation at Altcourse at thetime? If so, how did it operate in practice?

(viii) Are you aware of anything that Stewart said or did which mighthave caused others to believe that he held racist views? Are

you aware of anyone else at Altcourse (prisoners or staff) havingsuggested that Stewart might hold racist views? To what extentwas Melling Brown racially mixed at the time? If Mr Farrell hadthought that Stewart was a racist, what (if anything) would youhave expected him to do as a result, whether by way of guardingagainst racist behaviour or recording that information? Wouldthe approach be any different today? If there was a perceptionthat Stewart was a racist, was it appropriate for him to share acell with an inmate of mixed race (Mervyn Plummer)?

(ix) On 15 _pvember 1999 Altcourse received a police applicationfor pro_iction of Stewart at court (Inquiry Bundle page 325).That application stated that Stewart was a suspect in anallegation of racially motivated malicious communication andharassment offences. Would anyone have read the applicationand noted the racist nature of the alleged offence? If so, whosejob y_puldthat have been, and what (if any) action should have .bee._taken in the light of that allegation of racism?

-2178

(x) Includedin the InquiryBundleat pages 1982 to 1998 are 4letterswritten by Stewartfrom Altcourseon, respectively,9November1999, undated,25 November1999 and 30 November1999. Isthereanythinginthose letters,and inparticularthereferencesto "niggers"inthe second andthird letters,whichin -yourviewshouldhave led to thembeingstoppedif theyhadbeen read? What were the arrangementsformonitoringmailatthattime? As at 25 November1999, StewarthadbeentakenfromAltcourseto be interviewedand had beenarrestedinconnectionwithmaliciouscommunicationoffences,but itappears that he was notchargedwj_hthoseoffencesuntil6January2000. Altcoursehad knownthat Stewartwas a suspectfor suchoffencessincethe applicationfor productionon 15November1999 (see above). In circumstanceswhereaprisonerwas knownto be suspectedof suchoffencesbuthadnotbeen charged,whatapproachshouldhave been taken tomonitoringhismail?

(xi) The followingannotationappearson the PER raisedin relationto Stewart'stransferfromAltcourseto Hindleyon 2 December1999 (Main Bundlepage 628): "SecurityMarkeron LIDSstateescape risk,violent,usesweapons,guns,drugs,may takehostage."WouldMr Farrelland/orotherstaffonthe Unit havebeen aware of this informationon the LIDS system?HowwouldLIDS informationbe accessedby staffonthe Unitand howoftenwas thisdone inpractice?

(xii) As regardsMr Farrell'saskingChrisKinealyto speak to Stewart,wouldyouhaveexpectedMr Kinealyto lookat Stewart'srecordsas partof hisassessmentof him? WouldyouhaveexpectedStewart'spersonalofficerto be involvedin thisprocessin anyway?

(xiii) In hispolicestatementMr Farrellsaysthat Chris KinealytoldhimthatStewart was a psychopath.What, if anything,wouldyouhaveexpectedMr Farrellto do inresponseto whatChrisKinealytoldhim?What wouldyouconsiderto be the _.significanceof hisdiagnosisthat Stewartwas a psychopath?WouldyouhaveexpectedMr Farrellto tell anyoneelse of MrKinealy'sdiagnosis,and (ifso), for whatpurpose?Wouldyou

-2179

haveexpected Mr Farrell to make any writtenrecordof whathewastold by Mr Kinealy?Ifso, wherewouldyou haveexpectedhimto writeit?

(xiv) WouldyouhaveexpectedMr Farrellto ask Mr Kinealyfor anyfurtherinformation?Forexample,mighthe haveasked himhowStewart'sconditionmightmanifestitselfandwhat impactit mighthave onthe riskshe posed?Wouldyouhaveexpected MrFarrellto ask Mr Kinealywhetherhe recommendedanyparticularprecautionsto be takenwhendealingwithStewart?What experiencewouldMr Farrellhavehadat.thatpointindealingwithpersonssufferingfrompsychopathicdisorder?Wouldthe fact Stewartwas a psychopathhave hadanyrelevanceto the riskshe mightposeeitherto prisonstaffor tootherprisoners?Ifso,wouldyou haveexpectedMr Farrelltakeany actionto addressthoserisks?If not,whynot?

(xv) In letterswhichhe later wrote from Feltham,Stewart referstothe film"RomperStomper"whichhadthenbeen broadcastontelevision. [RomperStomperis a certificate18 film,whichfeatures(albeitwithoutinvitingsympathyfor) the activitiesof askinheadgangwhose leaderexpressesracist,anti-immigrantand neo-Naziviews,andwhichincludesscenesof extremeviolencedirectedagainst Vietnameseimmigrants.]Stewartsaysin severallettersthat he watchedthe film inAltcourse(InquiryBundlepages2039, 2058, 2070). If truedoes thisimplythat the filmwouldhave been availableto himon videoatAltcourse? Wouldyouregarda filmof thisnatureas suitableviewingin a youngoffenderinstitution?What controls,if any,wereexercisedat thetime overthe suitabilityof videosor othermaterialfor the entertainmentof inmates? Has the positionchangedsince?

(xvi) Stewart appearsto have been involvedin twoincidents,on28November1999 and 30 November1999 respectively,duringthecourseof whichhe threatenedotherprisonerswithan ironbarorhadsucha bar in hispossession.The relevantdocumentsappearat pages329-330, 413 - 415, 419 and 970-975 of theInquiryBundle;see also Mr Henney'spolicestatemen_t.Canyouconfirmthattherewere infact two incidentsonthese twodays,and notjustone incidenton 28 November1999? Can youexplainwhyyoutoldthe CRE thatStewart'stimeat Altcourse

-2180

hadbeenwithoutincident(see InquiryBundlepages7214 -7216 at paragraph7) ?

(xvii) The enclosedstatementof Mr Henneygivesthe impressionthat _itwas not unusualfor inmatesto armthemselveswithironbarsmadeoutof the metal legsof the chairsusedintheircells. Sodoesthe statementgivento the MetropolitanPoliceon 9 August2000 by Mr JohnHowgate(copyenclosed). Is that correct? Ifso,whydidsuchchairscontinueto be used? Howoften, if atall,was the state of furnitureinthe cells checkedat thistime?

t,I ol

(xviii) Followingthis incident(s)Mr FarrellapparentlyagreedwithHarryDunneat Hindleythat Stewartshouldbe transferredbacktoHindley:

(a) Why mightit havebeen consideredinappropriateto deal withthematterat Altcourse?

(b) Accordingto the noteprecedingMr Farrell's(CoreBundlepage143), Stewart had beenwarnedafter thefirstincidentthata repeatof hisbehaviourmightresultinhistransferto a differentestablishment.Do youconsiderthatthere isa dangerin suchcircumstancesthat a prisonerwho wishesto movewilldeliberatelyact in a disruptivemannerto securea transfer?

(c) When he consideredhowto deal withthe incident,wouldyouhaveexpectedMr Farrellto giveany considerationto the outcomeof thepsychiatricassessmentcarriedoutby ChrisKinealyon 16November1999? Shouldhe havesaidanythingaboutit to MrDunne,orto doanythingto inform Hindleyor any otherestablishmentthat mightdeal withStewart that he had been usingcell furnitureto make weapons?

-2181

RE: THE ZAHID MUBAREK INQUIRY

WITNESS STATEMENT OF WALTER MACGOWAN

.¢. -f

I, WALTER MAcGOWAN, of GEO Group UK Ltd,WILL SAY as follows:-

EMPLOYMENTHISTORY

1. I am the Managing Directorof GEO Group UK Ltd.,the new UK branchof a large

worldwidecustodialcompany.I havealso heldthe positionof DirectorandGeneral

ManagerwithGSL andas suchwas responsiblefor the operationalaspectsof its

custodialservicesbusinessin the UK. BetweenAugust1997 and February2004 I was

the Directorof HMP AItcoursewhere RobertStewartwas held incustodyfrom 5th

Novemberto 2nuDecember 1999. I joinedthe PrisonService as a PrisonOfficerin

December 1970. In 1974 I was promotedto AssistantGovernorandserved inthis

capacityat HMP Everthorpeand HMP Wakefield. In 1982 I becameDeputyGovernorat

HMBI EverthorpewhereI was appointedas Governorin 1984. I subsequentlyserved as

Governorof HMP Lincolnand heldmanagementpositionsat the MidlandsRegional

officeandthe NorthRegionaloffice. I was awardedthe ButlerTrustOverseasTravel

awardin 1991 forregimedevelopmentworkat HMP Lincoln.In 1992 I was appointed

Governorof HMP Manchester.I leftthe PrisonService in Juneofthat year to joinGSL

(formerlyGroup4). InformationaboutGSL UK Ltdand itsrelevantexperiencehave

been providedwithina separatesubmissionbythe company.

ROBERT STEWART'S PERIOD IN CUSTODY AT HMP ALTCOURSE

2. It shouldbe notedthat I did nothave specificpersonalcontactwithRobert Stewart.

-2182-

The information in this statement is given based on information contained in records and

from my recollection from discussions with others. Robert Stewart spent less than one

month at HM Prison Altcourse. He was received into Altcourse on 5thNovember 1999,

having been transferred from HM Prison Hindley. He was on remand from Tameside

Magistrates Court on charges of robbery and taking and driving away a motor vehicle.

He was transferred back to Hindley on 2nuDecember that year. The National Inmate

Information system indicates he was subsequently discharged to court on 9thDecember

1999. Thus, his arrival at YOI Feltham, where the murder of Zahid Mubarek took place,

was a separate period of custody.

The fdllowing information is provided in response to questions put to me by the Solicitor

to the Inquiry.

Question 1

3.1 I am not able to tell the inquiry specifically why Robert Stewart was transferred from

HM Prison Hindley to HM Prison Altcourse. I was not directly involved with him and have

no knowledge of why he was transferred and I have been unable to ascertain this

information from records. Typically, the reasons for such a transfer might include the

following:

(a) Shortage of suitable accommodation at Hindley

(b) Stewart may have been involved in some "difficulty" with another prisoner at

Hindley, with the transfer being brought about to separate them. In such

circumstances, the transfer of a prisoner cannot be taken to indicate that he was

the aggressor. Prisoners may also be transferred as a result of being threatened

or assaulted.

(c) The transfer could be related to a court appearance in the Altcourse court

catchment area.

(d) Difficulties with members of staff or a member of staff.

3.2 It is my understanding, from seeing a letter from Stewart (provided to me by the

inquiry), that at HM Prison Hindley, Robert Stewart was accorded certain privileges

consistentwith "enhanced" prisoner status. This could suggest that he was not

-2183-

particularlyproblematic.

question 2

4.1. The currentproceduresfor prisoneradmissions,health screening,riskassessment

and cell-sharingassessmenthave beendetailed withinthe separatesubmissionon _

behalfof GSL, to whichI was a maincontributor(IB 6320 to 6329). These are inline

withthe requirementsof HM PrisonService.

4.2 In 1999,when Stewartwas receivedintoAltcourse,the main purposeof risk

assessmentwas to consider .... ,

(a) riskof pdsenerself-harming

(b) riskof prisonerharmingothers

(c) riskof prisonerbeingharmed by others

(d) compatibilityof prisonersfor cell-sharing.

4.3 Althoughthe processeswe had introducedatAltcourseat thattimewere less formal

thanthose in place today,theywere consideredeffective.I wouldreferthe Inquiryto the

extractsfrom HM Chief Inspectorof Prisonsreporton HMP Altcourse,publishedinApril

2000 andrelatingto an inspectionthat tookplace in November1999, the monthStewart

wastransferredto Altcourse.The Chief Inspectornoteda recordnumber- 45 examples

of GoodPractice. It shouldbe notedthatAltcoursewas one ofthe firstfivehigh

performingprisonsand stillremainsinthat category. In hisreport he comments

favourablyon the youngprisonerinductionincluding:=comprehensiverisk assessment

carded out by staff which identified risk factors relating to the prisoner's ability to cope

with custody./t also identified their needs in terms of addressing their offending

behaviour." (4.06) Specificallywithregardto cellsharing,allocationwas made following

inductionand itwas duringthisprocessthat we were ableto considercompatibilityand

prisoner'swisheswithregardto cell sharing.Forexamplewe wouldaim notto put

prisonerstogetherwho came fromdifferentcities/townsbecause of the "tdbal" rivalries

that existed.

4.4 Recordsshowthat Robert Stewartwas seen by a mentalhealthnurseandwas

identifiedas havinga personalitydisorder.A noteto thiseffectwas includedinhis

medicalrecord.I enclosea copyof the medicalriskassessmentdocumentationinuse in

-2184-

Altcoursein 1999 (IB t5230A). The relevantdocumentrelatingto Stewartwouldhave

been forwardedto Hindleywhen Stewartwastransferredthere,in linewithnormal

procedureandshouldbe inhisIMR file. I wouldreferthe inquiryto commentswithinthe

GSL submission,relatingto transferof prisonerrecords(4.5), the disadvantagesof the

paper-basedsystemandthe benefitsofferedby computer-basedrecords.

4.5 1wouldlike the Inquiryalsoto notethat I wouldbecomeinvolvedin the management

of a prisonerandhave frequentpersonalcontactwith himif hewas regardedas a

particularproblemwithinthe prisonenvironmentor hadbeeninvolvedinparticularly

serious/violentoffences.Neitherappliedto Stewart. Recordsheld.inAltcourseshowthat

in No_ember1999 eleven youngmenhad beenidentifiedas particularlydifficultand

aggressiveprisonerswho posedan imminentriskof seriousharmto others.Stewartwas

notamongthem.

Question 3

5.1 Seriousassaultsby one prisoneron a cellmate withinAltcoursewere and stillare

uncommon.The same isso for seriousassaultsbyoneprisoneron another.

5.2 The inquiryshouldnote that the privateprisonoperator is required by the Prison

Service to interpret and record as a possible serious assault any prisoner having an

abrasion, bruising, or cut, however sustained. Within these requirements, the definition

of a serious assault, is not necessarily one resulting in serious injury.

5.3 Analysisof recordsfor assaultsinAltcourseduring 1999 revealsthat a total of 118

assaults were reported of which 73 were prisoner-on-prisoner. The records available do

not indicate what proportion of the 73 prisoner-on-prisoner assaults were committed by

prisoners on their cell mate so that I cannot provide this information to the Inquiry. It is

important to put this into context. The prison capacity is 900, but because of the effect of

the turnover of the prison population, the 118 assaults were amongst a total prison

population of some 4,600 people over the course of the year.

5.4 Recordsheld inthe prisonindicatethat 24 adultsand49 youngoffenderswere held

inthe SegregationUnit atAltcourseduringthe courseof November1999. Stewartwas

-2185-

notone of them.

Question 4

6.1 I cannotcommenton what Mr. FarreUsaidin hispolicestatementaboutStewart's

conductincustodypriorto hisarrivalat Altcourse.However,I have seen an entryon an

Inmate IntelligenceCard producedatAltcourse.This entrywouldhave beenmade as a

summarybya securityofficeratAltcourse,after readingthe fileon Stewart,received

whenhe was transferredin from Hindley.Thisentry notedthat Stewartwas suspectedof

involvementin stabbing(suppliedto the inquiryinth_jnitial bundle,from GSL on 16th

AuguSt2004) "-,

6.2 Residentialmanagerswouldbe briefedverballyaboutany prisonerconsidered

to havethe potentialto be dangerous,eitherto stafforto otherprisoners.Such

prisonerswouldbe treatedwithmorecautionthan thegeneralprisonpopulationand

considerationwouldbe givento segregation.

6.3 As the populationof a prisonsuchas AItcoursecomprisesmaleswho have been

convictedof a criminaloffenceor offencesalongwithsomeon remandwhilstawaiting

the outcomeof trial,then it is self-evidentthat withinthe confinesof prison,a large part

of the populationmustbe consideredto havesomepotentialfor violenceto a greateror

lesserdegree.The day- to-day prisonregimeisdesignedto managethisandthe staff

are alert to the risk.

6.4 It is importantthatthe Inquiry hasa sense of context.Froma sampleof 100

prisonerescortrecordsviewedbyAltcoursestaffinDecember lastyear,morethan 60%

includednotesregardingviolenceor use of weaponsor escape risk. I wouldnotregard

this randomsampleas statisticallyvalidbutit doesgive a sensethat it is moreusualfor

a prisonerto have somesort of warningattachedto hisrecordsthanit isto have no

Warning.

6.5 To givefurthercontext,a reviewof the files ofthe currentpopulationof Altcourse

indicatesthat37% havecurrent convictionsforoffencesinvolvingviolence.Thisdoes

notincludeprisonerswith previousconvictionsforviolence.

-2186-

5

Question 5

7.1 All prisonerswouldbe seen by a nurseon receptionto Altcourseand by a doctor

within24 hours.The First ReceptionHealthScreenForms,F2169, are completedfor all

new prisoners.Howeverwhen a prisoneristransferringfrom anotherprisonthe F2169

wouldhavebeen initiatedat the previousprisonandthe notesarisingfromthe

examinationat Altcoursewouldbe byway of continuationsheets.I can confirmthat

Stewartwasseen bya doctoron admissionto AItcourse.BecauseStewartwas

transferredfrom Hindley,the briefnotesinthe inqui_ bundle (IB 5_8-589) were added

to the-F2169 initiatedat Hindley. The notessimplyrecordthat on admissionStewart

was fit andwell, on no medicationandwas notdepressed.These noteswere madeby

the doctorwho examinedStewart.

Question 6

8.1 As previouslyindicated,I had no personaldealingswithStewart,althoughI would

usuallybecomeinvolvedwith themanagementof any prisonerconsideredbystaffto be

particularlyproblematicor dangerous.Inthe answerto question4, I have indicatedthat

havingwarningsattachedto his PrisonerEscortRecordwouldadvisestaffto be vigilant

intheirdealingswithhimbutthiswouldnotnecessarilymake Stewartstandout,as this

appliesto manyprisoners.

8.2 WithinAltcourse,duringhisshortstay,Stewartdid notstandout, intheway that

some otherprisonersdo,as beinga particularly=hard"man andwas notdistinguished

bya propensityto violencetowardsotherprisoners.As indicatedabove,recordsheld in

Altcourseshowthat in November1999 eleven youngmenhad been identifiedas

particularlydifficultand aggressiveprisonerswho posed an imminentrisk of serious

harm to others. Stewart was not among them.

8.3 Followingthe incidentinwhichStewartand hisethnicminoritycell matewere

involvedtogetherinan altercationwithotherprisoners,bothwere transferredto Hindley.

-2187-

Question 7

g.1 A personalofficer scheme was in operationat Altcourse at the time. A description of

this is attached. (IB 15230C-15230D)

Question 8

10.1 The nursewho interviewed Stewart, Chris Kinealy,identified himas havinga

personality disorder. He did not identify him as a racist. I had/have no knowledge if Mr.

Farrell thought Stewart was a racist and, if he did, wl3_this reasor_sfor doing so were. If

any rfiember of staff considers a prisoner to be racist, there is, and was then, a policy

covering notification. Reports or complaints of racist behaviour are investigated. I attach

a summary of the policy (IB 15230E-15230J).

10.2 As far as I have been able to establish,Stewartdidnotfeature in the prison'srace

relationslogor in any reportsas havingbeen identifiedas racist.

10.3 Stewartshared a cell withan inmatefrom an ethnicminoritywithoutdifficulty.There

were no recordsof racistbehaviourby Stewart towardshiscell mate. Very significantly,

the onlyrecordedincidentinvolvingthe twoof themconcernedStewartand hiscell mate

actingtogetheragainstotherwhite prisoners.It is myunderstandingthat the reasonfor

thisaltercationwas that Stewartand hiscell-matewere supportersof onefootballteam

andthe otherprisonerswere supportersof a rivalteam.

10.4 1wouldreferthe Inquiryto the submissionbyGSL UK Ltd,where we suggestthat

whilstthe "trigger"for Stewart's attackon Mr. Mubarekis believedto be racism,the

Inquiryshouldconsiderthat in differentcircumstancesan attackmighthave been

triggeredagainstanotherprisoner,notfroman ethnicminoritygroup,forequally

senselessmotives.It is a problemfor prisonmanagementgenerallythat there is

tribalismamongstyoungpeople insociety,butit is moreacuteina custodialsetting.

Confrontationinthe form of abuse,threatsandviolencemay be triggeredby where

peopleoriginatefrom inthe UK orthe footballteam theysupportas wellas byethnicity.

Question 9

-2188-

11.1 With regard to the policeapplication,received at Altcourseon 15thNovember1999,

for productionof Stewartat court, statingthat hewas a suspectinan allegationof

raciallymotivatedmaliciouscommunicationandharassmentoffences,as the Inquiryis

aware, Stewartwas notactuallychargedwithany offencerelatingto this investigation 4--

untilJanuary2000, bywhichtime he had leftthe custodyof Altcourse.

11.2 There was no indicationinthe policeapplicationthatthe suspectedoffenceunder

investigationrelatedto letterwriting.Neitherwas there any indicationthat Stewartmay

haveoriginatedsuchcommunicationfromAltcourse..Importantly,it wasopen to the

police_tomake an applicationfor Stewart'smailto be interceptedto assisttheir

investigation.As far as I am ableto establishfrom the prison'srecords,theydidnotdo

SO.

11.3 Routine censoring of all prisoners'mailwas stoppedsometimeago, as a matterof

prisonservice policy,particularlyin thecase of remandprisoners.As indicatedinthe

submissionby GSL UK Ltd,callsare recordedandthe recordingskeptfor six months.

There are some 38,000 calls a monthfromAltcourse.Additionally5% of callsand5% of

letterssentby prisonersare monitoredon a randombasis,inaccordancewith

requirementsof the prisonservice.All callsand allcorrespondencebyprisonerssubject

to PSO 4400, chapters1&2 are monitored(Chapter 1 relatesto prisonerswith

paedophilictendenciesandchapter2 relatesto prisonerssubjectto harassmentorders).

Stewartdidnotfit intothesecategories.Stewart'sletterswere amongstthe 95% of mail

that was notchecked.

11.4 Havingexplainedroutineprocedures,I wouldemphasisethat the prison

managementwouldact on intelligencefromstaff,otherprisonersor externalagencies

suchas the police.Inthiscase, therewas no intelligenceprovidedto the prisonbythe

policeand as I have said,no applicationto interceptmail.There is (andwas atthe time)

at Altcourse,a full-timepolice liaisonofficer,who bringsto the attentionof the senior

managementof the prison,all policeconcernsrelatingto prisonerson remandor

sentenced.He wouldhave been involvedinprocessingthispoliceapplicationfor

productionof Stewartat court.There is no recordof any concernsbeingraisedaboutStewart'smail.

-2189-

question 10

12.1 Having read 4 letterswrittenby Stewart(IB1982 to IB1998), I notethat there is

offensivelanguageinreferenceto ethnicminoritiesandalsoobscenesexual references

and referenceto "choppin up Christians" Had staffseen theseletters, I believe it is

likelytheywouldhave been interceptedand thecontentdiscussedwithStewart,witha

suggestionthat he shouldreconsiderthe contentand choiceof words,or the letters

wouldhave been stopped. .,. .,

12.2 With regard to Stewart having been a suspect for malicious communications and

harassment offences, the approach to monitoring mail would not have been changed

from routine but it was open for the police to apply for mail to be intercepted in order to

assist their investigation.

Question11

13.1 As previouslyindicated in this statement, it is not uncommonfor PERs to contain

reference to escape risk, violence or use of weapons. The small random sample

mentioned earlier in this statement would suggest it is more usual for PERs to contain

such warnings than not to do so.

13.2 1notethere is no referencewithinthisto raciallymotivatedoffences.

13.3 Informationon securitymarkersand on LIDS wouldbe availableto staffinvolvedin

admissionandto thoseresponsiblefor managingthe prisonerssentenceplanning.If

there is anythingexceptionalon the recordsrelatingto risk,staffwouldbe briefed.

However,dealingwithpeoplewho are markedas violent,mightmakeweapons,might

attemptto escape, or mightuse drugs,sadlyis routinefor prisonofficers.The prison

operatingproceduresreflectthisand theconsequentneed for vigilanceand caution.

question 12 & question 13_r

-2190-

14.1 I am respondingto these two questionstogether,as they relate to ChrisKinealy's

diagnosisof Stewartas a psychopath.

14.2 I wouldhave expectedthe mentalhealthnurseChrisKinealymightrefer to a

prisoner'srecordfollowinghisassessmentprocessif he was concernedand felt it

necessaryto take the matterfurther. However,givenwhatI have said aboveaboutthe

frequencywithwhichwarningsoccuron prisonerrecords,I wouldregarditas more

importantthathe formshis ownprofessionaljudgementbasedon hisfirst-hand

knowledgeof the prisoner. .,, .,

14.3 I wouldnot have expectedStewart'spersonalofficerto be involvedin thisinstance.

Remandprisonersare frequentlyin custodyfor very short periods- Stewartwas at

Altcoursefor lessthan a month- so it is difficultto involvepersonalofficersin

meaningfulsentenceplanning.It is importantto notethat the healthcareaspectsrelating

to a prisonerare confidential.The personalofficer onlyneedsto be awareof physicalor

mentalhealthissuesif the doctor or nurseconsidersthereis a particularthreatthat

shouldbe drawnto the officer'sattention.The circumstancesunderwhichofficerswould

be appraisedof a prisoner'smedicalconditionare when thereis evidencethat his

conditionwouldrenderhiman immediate dangerto himself,otherprisonersor staff.

There is constantfrictionbetween confidentialityandthe needto containrisk.

14.4 Within a prison,staffare dealingconstantlywithpeoplewho may be considered,in

lay terms,to be dangerous,includingthoseconvictedof seriousoffencesof violenceand

of murder.However,withinthe prisoncontextand regimethemajorityof suchprisoners,

for the most part, are not exceptionallyproblematic,oftenbecause stimulisuchas

alcoholare notavailable.

14.5 The conclusionreachedby Chris Kinealy,followinghisexaminationof Stewart,was

recordedon Stewart'sconfidentialmedicalrecordsthatwere transferredwithhimto

Hindleyand,presumablyeventuallytransferredon to Feltham. As describedearlierin

thissubmission,medicalstaffat thoseestablishmentswouldhave conductedtheirown

receptionexaminationof Stewart andwouldhaveviewedthe medicalnotestransferred

from Altcourse.

-2191-

14.6 As previouslyindicated,there were alsowarningsonthe PER relatingto violence

andweapons,althoughthesewouldhave beenunlikelyto distinguishStewartas being

exceptional.

Question 14

15.1 As indicatedin my previousanswer,I wouldhave expectedChrisKinealyto notify

Mr. Farrell if he consideredany particularprecautionswere requiredfor Stewart, above

thosewhichexistas part of normaloperatingprocedureswithinth_ prisoncontext. As I

have Said,I wouldexpect a prisoner'smedicalconditionto be treatedas confidentialand

thatitwouldbe discussedwith officersonly if medicalstaffconsiderthat thecondition

givesriseto immediateriskthatthe prisonerwouldharmhimselfor others.In such

circumstances,the appropriateprecautionsandtreatmentof sucha prisonerwouldthen

be consideredwithmedicalstaff.

Question 15

16.1 My understandingis that Stewartsaw the film =RomperStomped'onterrestrial

televisionwhilstatAltcourseandnoton video.At the time,Stewartwas 19. It appears

fromnotesincludedwithinthe inquirybundleprovidedto me that Stewartsawthe film

againon televisionat Feltham.

16.2 I have notseen the filmand cannotcommentonthe content.The filmwas passed

as suitablefor viewingby cinemagoersaged 18 or over. However,inpractice,its

broadcaston terrestrialtelevisionmade the filmavailableto membersof the public,

includingunder18's unlesstherewas parentalintervention.

16.3 1believecensorshipof terrestrial televisionfor adult prisonerswould not be

appropriate. It could potentially infringe their human rights and is inconsistent with the

aims of normalising life, as far as possible, as part of the process of rehabilitating

prisonersfor return to society. I believe that censorship of terrestrial television for adult

prisoners would not survive a legal challenge.

-2192-

16.4 At Altcourse,there is censorshipof IV for under18's after the 9.00pm watershed.

Selectedvideosare availablefor under18's butthesedo notincludethose passedonly

for adultviewing.Neitherdo they includeothersconsideredto have unsuitablecontent.

Question 16

17.1 Stewartwas involvedinverbalaltercations(ratherthan physicalviolence)with

otherprisonersontwo separateoccasionson 28thand30thNovember.Followingthe first

incident,he was reducedinscale in the incentivesand privilegesscheme.Followingthe

second incidenthe was placedon reportanddealtwit.hbythe HorpeOfficecontroller.

ThissecondincidentresultedinStewart's removalfromAltcourseto Hindley.

17.2 In the incidenton 28th he had a lighthollowmetal tube, brokenfrom a chair leg as

a make-shiftweapon(and notan ironbar). He brandishedthisto discouragethe other

prisonersfrom approachinghimbutdidnotuse itagainstthem. It is notunusualfor

prisonersparticularlyyoungprisonersto postureinthisway (withor withouta make-shift

weapon)andStewartgave the weaponto staffwhen requestedto do so.

17.3 Followingthealtercationon 30th'he was takento his cell and,when asked if he had

a weapon, againproduceda metaltube that hadbeen concealedinhistrousersand

handedit to officers.

17.4 The CRE was informedthat Stewart'stimeat Altcoursehad been withoutincident,

because he had notbeen involvedinany physicalviolenceandhad notbeen involvedin

any incidentsof racism.On the contrary,as previouslyindicated,he had shareda cell

witha ethnicminorityprisonerwithoutdifficultyand hadactedtogetherwithhiscell-mate

againstotherwhiteprisoners.Bothinstances,apparently,were relatedto Stewartand

hiscell-matewho supportedthe same footballteam arguingwithother(white) prisoners

whosupporteda rivalteam.

Question 17

18.1 It is notunusualfor prisonersto try to fashionmake-shiftweapons fromeveryday

objects.To counterthis,the prisonregime includesdailyinspectionsof furnitureand

frequentrandomsearchesof cellsand individuals.To removeaccessto any itemthat

-2193-

might possibly be fashioned into a weapon would be to create an environment that

would be de-humanising and counter productive to the PUrpose of rehabilitation or

relationship based management.

Question 18

19.1 I cannot comment on the decision to remove Stewart from Altcourse, other than to

say that sometimes when a prisoner has been involved in an altercation or incident with

others it is considered sensible to remove one of the parties to another prison to avoid

further confrontation or escalation of the situation.

• _t ol

19.2 It"is recognised that there is the potential that a prisoner who wants to be

transferred out of a prison may deliberately act in a disruptive manner. However,

knowing this may be the case does not necessarily mean that it is sensible not to

transfer him. The reasons for transfer given above would still apply.

19.3 Notes of the assessment of Stewart's mental state, carded out by Chris Kinealy

were included in Stewart's medical records, which are confidential to medical staff and

would have been transferred with him to Hindley. This is the appropriate means of

informing Hindley.

19.4 The medical staff at a receiving prison would be expected to carry out their own

examination of all new arrivals - making reference to the medical notes of any prisoner

being transferred in - and to make their own decision as to whether it is appropriate to

notify their prison's management of any concerns that the prisoner might represent an

immediate danger to himself or others.

19.5 There were warnings of potential violence on Stewart's PER and LIDS marker,

when he was transferred to Hindley [IB 718]. Again this is the appropriate means of

informing Hindley. Similarly it was noted on the PER and LIDs marker that Stewart had

fashioned weapons However, as previously indicated, "weapons" warnings appear

frequently on prisoner records. I remind the inquiry that Stewart had not been regarded

as particularly dangerous or problematic within the context of the population of

Altcourse.

-2194-

STATEMENT OF TRUTH

I believe that all facts stated in this Witness Statement are true.

Signed: .............................................................

WALTER MACGOWAN

Dated: .... '2

-2195-