Lawyer blames guard for sparking events that led to inmate’s death

The lawyer for the family of Kelvin Sawa left little doubt he placed the blame on a corrections officer for sparking the events that led to a Port Colborne man’s death in Niagara Detention Centre .

Jeffrey Manishen, in his closing address at the coroner’s inquest into the death of the 46-year-old cab driver, reminded the jury that Sawa was beaten and terrorized by his fellow inmates to the point he felt he had no choice but to take his own life on Aug. 15, 2011.

Sawa hanged himself from his bunk with a rope made from torn bedsheets and supplied by another inmate.

The inmates watched through the cell door as Sawa’s face turned black. He had given no indications that he was suicidal.

Manishen told the jury that based on the weight of the evidence, the guard who told inmate Chris Boland that Sawa was charged with sexually assaulting a 14-year-old disabled boy.

That breach in confidentiality set in motion the rest of the events on the protective-custody range, from the beating administered by the kingpin on the range, Jeremy Hall, to the abuse by the other inmates.

“You have an ample evidentiary picture tying circumstances and video evidence together to say he was the source of it all,” Manishen said.

He went on to suggest the jury recommend that the Ministry of Public Safety and Correctional Services increase the emphasis on inmate confidentiality when training its staff.

“Don’t take it for granted that everybody knows not to do it,” he said. “That’s not good enough. Everybody on staff knew, and it wasn’t good enough.”

Manishen said events that surrounded Sawa’s death were predictable after the correction officer’s breach in confidentiality.

“The potential adverse consequences have to be brought home to correctional officers,” he said.

Hall and his lieutenant on the protective custody range, Cale Rose, pleaded guilty to manslaughter charges in Sawa’s death. The guard, Don Shaver, didn’t testify at Hall’s trial. His testimony at the inquest was the first time the public has heard from him.

Shaver dismissed the allegations, calling them “silly” and said he took no interest the charges inmates were facing. He said he didn’t know anything about Sawa until a call came through that an inmate was in medical distress.

The lawyer representing the ministry, Lorenzo Policelli, told the jury the direct evidence about the correction officer’s conduct came from Chris Boland, and he wasn’t anywhere near credible as a witness.

“Officer Shaver was very clear that he didn’t do this, and you have a career criminal saying that he did — and also embellishing the facts and lying.

Lisa Quesnelle, Kelvin’s sister, spoke last. She sat through every moment of the eight-day inquiry at the courthouse in Welland. Dr. David Eden presided with Karen Shea as counsel to the coroner. The six jurors will bring it to an end when they return with recommendations.

“Kelvin was in a bad place,” Quesnelle said. “I know that, but someone should have taken care of him. He deserved that. Up until now, I have been his voice, and it has been difficult. Now you have the chance to be my voice. Take these recommendations and make them do what’s right. That’s all I’m asking. Be a voice for Kelvin. Be a voice for me.”