SUBSTANTIAL damages have been awarded to a former Parkhurst prisoner, who, a county court found, was beaten up in his cell by prison officers.
Paul Smith suffered a broken thumb, bruised kidneys and cuts, grazes and bruises to his head and body, Portsmouth County Court was told.
After hearing evidence over seven days, Recorder Linda Sullivan QC ruled Mr Smith, who is now 41, was assaulted in his cell on June 20, 2001.
Kate Maynard, Mr Smith’s solicitor, said after Wednesday’s judgment: "Despite declaring at an earlier hearing they wouldn’t pay a penny to Mr Smith, the Ministry of Justice has been ordered to pay £20,000 damages to him, plus interest at an enhanced rate and his legal costs.
"Officers were not asked to account for themselves until 2008, when they had to produce witness statements for trial. This prevented any remedial action taking place to prevent re-occurrence and prevented officers being brought to task."
The court was told an internal prison inquiry was never resumed and a police investigation was shelved.
After the judgment, Mr Smith, who was released three years ago from his sentence for burglary, said: "I was aware from the beginning of the difficulties in prisoners pursuing claims about prison officers, so to have those who assaulted me brought to court to account for themselves and for me to prove that they were not telling the truth means a great deal to me.
"I hope it will act as a deterrent to other prison staff."
In her judgment, Recorder Sullivan described June 2001 as a troubled period for Parkhurst when a number of prisoners, including Mr Smith, were on dirty protest, smearing faeces over walls and floors, throwing urine out of spyholes and smashing up cells.
Mr Smith had not been involved in the previous month’s rooftop protest and ammunition being found in the jail.
She said there was evidence he was held down, punched, kicked and kneed, pulled up by his thumbs and pinned down while naked, but not evidence of which officers were responsible.
One officer, John Wilcox, claimed Mr Smith was abusive, violent and trying to incite other prisoners before being handcuffed and restrained. He, Keith Ross and Carl Walls denied undue force was used.
Police confirmed they would not re-open an investigation
Det Chief Insp Clive Merrett said: "Inconsisten-cies in Mr Smith’s evidence and lack of corroboration, coupled with the lack of co-operation from the prison officers and their union, meant the case would never pass the test to bring a charge or charges."