RE: THE ZAHID MUBAREK INQUIRY WITNESS STATEMENT OF ...

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way at the outset and that this approach was of benefit for the long-termrelationshipof staff and prisoners.23. In this particular case the letter was returned by Officer Hogg to Stewart and, inmy presence, she advised him why it was unacceptable. She warned him not towrite in a racist way again and told him that his future mail would all be checked.Although no direct action was taken against Stewart Officer Hogg did made anentry about the letter on Stewart's "flimsy" file.24. I think it was shortly after this, but on the same day, that Senior Officer RobertBenford who, at the time, was working in the Security Office at Feltham where themain files on prisoners were kept, contacted me. He asked me to come over tothe Security Office and he showed me Stewart's security file (such files never goon the wings but are held centrally). It is not unusual for officers (myself included)to go and look at such files but being asked by Security to come only happenedoccasionally. Officers could go from the wing during a shift if staffing levelsallowed or at the start or end of a shift or during lunchtime. I do not know if anyone but me went to see the file.25. Stewart's file was two or three inches thick and was one of the biggest I had everseen. I spent about 5 to 10 minutes looking through it. Mr Benford and I thenhad a brief conversation in which we agreed that Stewart was a danger both tostaff and inmates. He said he would make his staff aware of the content of thesecurity file and I told him that I would write a note for my staff about it.26. Having read the file I formed the impression that Stewart was dangerous and athreat to anyone, staff or fellow in-mate. His file covered acts of violence, use ofweapons (I noted that he had stabbed an inmate in the eye); potential escapeand he had been implicated in a previous prison murder. There was nothing therethat alerted me to the particular possibility that he would carry out a racist attack.Had I not been called by Mr Benford I think it unlikely that I would have gone tosee the security file, just on the basis of my 'feeling' about Stewart.27. Back on the wing I felt it important that staff were warned about Stewart as I6 -926-
thought him to be dangerous, both to staff and other prisoners, although I hadnothing specific in mind. Therefore, I relayed my feelings and what I had readdirect to my staff. I also obtained Stewart's "flimsy" file and, in red capitals, wrotean entry that stated "STAFF ARE ADVISED TO SEE THE SECURITY FILE (INSECURITY) ON THIS INDIVIDUAL. HE IS A VERY DANGEROUSCHARACTER. PLEASE BE CAREFUL" (IB 383). I also wrote "* SEE INNERPAGE" on the front cover of the file, again in red. I attach a copy of this entry (IB374). Additionally, I placed another warning entry about him in red in the LapwingObservation Book (IB 976). I expected my staff to keep themselves up to date onsuch entries and they were also there to warns others, for example on anotherwing on transfer or allocation. I cannot now say, after all this time, in what orderthese entries would have appeared on the file.28. I feel I took appropriate action, both verbally and in writing, to warn of a potentialbut necessarily unspecific danger. With hindsight perhaps I could had taken moreaction over the stopped letter but there was discretion for me to act as I did and inthe past I found that a less strict approach in the Induction Unit was subsequentlyof benefit to both prisoners and staff.29. I had no involvement in wing or cell allocation in relation to Stewart and on 6February 2000 I transferred to the Reception Unit. This is the area of the prisonwhere prisoners are received or discharged. They arrive at the prison in variousways, often with little or no notice or documentation. There should always be aWarrant of Detention and, in the case of the YOI, evidence as to age. I haveexplained above, in paragraphs 8-12, the operation of the Unit.30. I recall that sometime after I started my new posting I saw Stewart in theReception Unit. It was evening and he was coming back into the prison. I did notdeal with him myself. I remember saying to Prison Officer Gordon Meek, whowas on duty, what a nasty piece of work Stewart was. I assumed that thecautionary note on his "flimsy" file would be with him to warn officers on whateverWing he went to. I do not believe that I saw Stewart again either before or afterthe incident on 20/21 March 2000.7 -927-
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RE: THE ZAHID MUBAREK INQUIRY WITNESS STATEMENT OF ...

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