The Press and Journal (Aberdeen and Aberdeenshire)
Prisoner in line for big payout
Victim of brutal racist attack wins case
A Polish former prisoner attacked by a violent racist could be paid thousands in compensation after winning his battle against the Scottish Government.
Daniel Kaizer sued ministers, who are responsible for the Scottish Prison Service, for £900,000 after being attacked by Keith Porter at Aberdeen Prison in 2009.
The government appealed against the decision to uphold his claim but yesterday the ruling was upheld.
Mr Kaizer suffered a fractured skull after being hit with a steel barbell in the prison gym.
The 36-year-old maintained the prison system had failed to protect him from Porter, who was in jail for the attempted murder of another Polish man, after being threatened the week before.
Mr Kaizer told prison officer Gary Lumsden about the threats. However no report was made about it.
Porter, 30, was serving a 15-year sentence for the attempted murder of Jaroslaw Janecak in a horrific attack with a mop handle.
He was later given a life sentence under an order for lifelong restriction for the second murder bid on Mr Kaizer.
Mr Kaizer raised an action at the Court of Session in Edinburgh against the Scottish ministers seeking compensation following the attack on him.
Following a hearing a judge ruled last year that they had failed in their duty of care to Mr Kaizer and were liable.
A decision on how much compensation should be paid remained outstanding.
The ministers appealed against the ruling but now the Lord President, Lord Carloway, sitting with Lord Brodie and Lord Drummond Young, has rejected the challenge.
Lord Carloway said in a judgment that Mr Lumsden’s failure to report the threat in the gym constituted negligence.