Serco sued for $500k by bashed prisoner
A former inmate who was allegedly assaulted at Mt Eden Corrections Facility is suing private prison operator Serco for $500,000, claiming the company failed to keep him safe from other prisoners.
Alex Littleton said Serco had allowed a culture of violence to exist at the remand prison in Auckland and failed to adequately supervise the inmates housed there.
Littleton said he was bashed by three other prisoners after he refused to help them arrange for contraband to be smuggled into the prison.
He claimed they punched, kicked and stomped on him and that one of the inmates threatened to stab with with ‘‘a shank’’.
Littleton said he escaped onto an upper floor landing but was then pushed off by one of his attackers, causing a broken nose and head trauma, and fractures to both his legs.
He said that after he was released from hospital Serco failed to provide adequate medical care.
Littleton said prison staff only helped him go to the bathroom once a day, forcing him to defecate in his bed.
The details of the alleged assaults emerged in a July 7 ruling from the High Court at Auckland on whether the former inmate should provide security for costs.
Serco has not accepted Littleton’s claims, and denies breaching any duty of care in putting him at risk.
The private operator requested Littleton pay security, which would see Littleton cover Serco’s legal costs if his case was not upheld.
However, Justice Edwin Wylie said Littleton was clearly in no position to make such payments, and said making such an order would block his attempt to seek justice.
‘‘The imposition of an order for security of costs in the present case would prevent Mr Littleton from pursuing his case,’’ the judge wrote in his decision.
Justice Wylie also ordered Serco to provide additional documents that were sought by Littleton.
‘‘To succeed, he will need to show that Serco deliberately ran a consciously appreciated risk that he might be injured as a result of breaches of the duties it owed to him.
‘‘The documents sought by Mr Littleton are both relevant and necessary for a proper determination of this issue.’’
Justice Wylie did, however, narrow the scope of the documents requested by Littleton, which he said had been too broad.
Serco was granted 21 days to file an affidavit listing which of the documents it still holds in its possession.
The case follows repeated concerns about prisoner assaults at Mt Eden prison during Serco’s tenure, including allegations of organised fight clubs.
Serco ultimately lost its contract to run the prison after video footage emerged showing prisoners fighting with each other and sparring with guards.
It has already repaid $8 million to Corrections after the Government took back management of Mt Eden prison halfway through the decade-long deal.
Serco still runs Auckland South Corrections Facility, the prison at Wiri.