The Herald (South Africa)

Damages awarded to prisoner after attack

Judge agrees jail failed to protect child rapist from other inmates

- Nomahlubi Jordaan

SOUTH Africa’s prison authoritie­s failed to adequately protect a man convicted of rape and sexual assault involving a child – whose face was slashed by an inmate – and have been found liable to pay for damages arising from his injuries.

* Malcolm‚ who was incarcerat­ed at the St Albans Maximum Correction­al Centre‚ told the Port Elizabeth High Court that inmates convicted of sexual offences‚ particular­ly those involving children‚ were often subjected to assaults or threats by fellow prisoners. As a result they were segregated from other inmates.

On the day that he was attacked‚ April 10 2012‚ he had gone to collect food from the prison dining hall.

On the way back to his cell with a group of prisoners he noticed there was no warder at the gate and they were not escorted back to the cells as there was a shortage of prison officials on duty.

As he made his way to his cell‚ the passage became crowded and an inmate was pacing backwards and forwards in front of him.

He felt a blow to the side of his face and fellow inmates stepped back in shock as he bled profusely from a 17cm gash inflicted with a surgical blade, from the left temporal region to the jaw line on the left side of his face.

He argued that Correction­al Services officials were negligent because they had failed to prevent the prisoner arming himself with the blade and had failed to ensure his safety by segregatin­g him from other inmates.

In a counter argument‚ Correction­al Services argued the attack could not have been foreseen or avoided.

But Judge Glen Goosen said in his judgment on September 22: “It was the plaintiff’s evidence that the prison officials had employed the mechanism of controllin­g entry into the passage area from the dining hall to ensure that those prisoners did not mingle with other inmates.

“They were also taken to and from the exercise yard separately, for a similar reason.”

These measures, he said, pointed to an acceptance of risk associated with mingling the security prisoners with the general body of inmates and “must‚ in my view‚ indicate that the prison officials foresaw that the possibilit­y of harm would eventuate if they were not segregated”.

“I am satisfied that the plaintiff has succeeded in establishi­ng that the defendant is liable to him in damages for the harm suffered by him.” The amount is yet to be determined. * The inmate has not been identified by his full name to ensure that his rape victim cannot be identified.

 ?? Picture: EUGENE COETZEE ?? RULES LAPSE: St Albans prison, where inmates were not properly segregated
Picture: EUGENE COETZEE RULES LAPSE: St Albans prison, where inmates were not properly segregated

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