In the recent High Court decision of Griffin v Governor of Wheatfield Prison, Mr Justice Charleton dismissed a prisoner’s allegations of ill-treatment by prison staff.
Simon Griffin alleged that he was being bullied by a prison officer. His allegations included claims that a prison officer had left his cell door open so other prisoners would attack him, that he had been deprived of asthma medication, that his wife had been strip searched and that he had been discriminated against in relation to the provision of education and the sharing of cells. Mr Griffin had made a complaint of ill treatment by prison officers to the Governor of his prison. An appeal is available from the decision of the Governor to the Director General of the Prison Service. While such an appeal was pending, Mr Griffin made his application to court.
Justice Charleton found that there was no evidence that the initial complaint to the Governor of the prison had not been properly investigated and fairly assessed. He noted that in specific situations, for example where there may be an immediate threat or medical peril, an application to court pending the outcome of the appeal to the Director General may be justified. However, he held that this was not such an exceptional situation.
Justice Charleton considered each of the allegations made by Mr Griffin and dismissed each of them finding that there were logical explanations to rebut each allegation. He held that there was no basis on which the court could make an order on the application.
Click here to read the full judgment.